I was working in a public sector bank in officer cadre. All of a sudden my services were terminated without assigning any reason. I was working in this provincial bank for last 18 years. The bank also paid me 3 advance salaries in lieu of three month notice.
As per my appointment letter there is no such clause for termination of services without any reason. There is only one clause that speaks about the service rules is as under:-
" After joining the bank you will be called upon to sign the service rules of the bank when framed."
The intresting thing is that no body in the bank know where are the bank's service rules. neither these are circulated nor signed by any employee.
In my termination letter only reference is given to HR Manual clause. I did not even see this manual. This manual is also not circulated and I did not signed on its acknowledgement. There is also a gratuity scheme in bank.
please guide me in this matter. I am planning to go to the court. In my point of view bank will take the plea of Master Servant Relationship.
Is there any court verdict on this type of illegal termination?????
From Pakistan, Karachi
As per my appointment letter there is no such clause for termination of services without any reason. There is only one clause that speaks about the service rules is as under:-
" After joining the bank you will be called upon to sign the service rules of the bank when framed."
The intresting thing is that no body in the bank know where are the bank's service rules. neither these are circulated nor signed by any employee.
In my termination letter only reference is given to HR Manual clause. I did not even see this manual. This manual is also not circulated and I did not signed on its acknowledgement. There is also a gratuity scheme in bank.
please guide me in this matter. I am planning to go to the court. In my point of view bank will take the plea of Master Servant Relationship.
Is there any court verdict on this type of illegal termination?????
From Pakistan, Karachi
Before going to court kindly check your appoinment letter or offer letter once again. Because as far as i know there is no appointment letter which is being prepared without the termination clause, as you have mentioned they have given you basic pay of three months surely there must be some clause reflecting that the either of the party can leave the organization by giving three months of basic pay or serving the notice period. If they have terminated you without any show cause notice or without any valid reason you have all rights to go to court. thanks
From India, Madras
22From India, Madras
all banks are coming under Shops Act1988 you are covered under the act the as per sec48 appeal shall be filed before the respected Asst.Commissioner of Labour with in 30days of receipt of Termination order. After numbering the case 90days the verdict must be delivered by the ACL.
From United States,
From United States,
Strange- How can the Bank do that ? Even if there is any reason, a memo/ charge sheet etc. has to be gone through as per the disciplinary procedure applicable to all Banks signed between the Management of Indian Banks Association and the Workmen and Officer Union umbrella association of 9 Unions who sign the Bipartite agreement which is applicable to all Banks.
I fail to understand how the Bank can terminate you without assigning reasons and proving their allegations and how they can do that unless a Major misconduct is proved leading to dismissal or termination as per rules under the Bipartite agreement.
You have every right to go to court, but first meet up with Union leaders of your Bank and take up the matter with them. Nothing to fear, the Bank will have to retrace their steps unless I fail to read something between the lines.
All the best
From India, Delhi
I fail to understand how the Bank can terminate you without assigning reasons and proving their allegations and how they can do that unless a Major misconduct is proved leading to dismissal or termination as per rules under the Bipartite agreement.
You have every right to go to court, but first meet up with Union leaders of your Bank and take up the matter with them. Nothing to fear, the Bank will have to retrace their steps unless I fail to read something between the lines.
All the best
From India, Delhi
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