Termination from Job
RAKESH
(Querist) 23 October 2014
This query is : Resolved
Sir, I am an employee of SBI at Nagpur zone, working in a rural branch for the past 13 yrs, joined in May 1997. I have an excellent service record, but after marriage on 2010, we had our baby who was premature, & needed doctor's attention almost every month, My wife is from Mumbai, so we had to come for checking to Mumbai every month almost for a year, I had applied for transfer in 2010, but even after a year nothing seemed to work, Union was least. Bothered to help, always with the same reason , as per banks policy , finally I decided to go on loss of pay till I was transferred to Mumbai, now I am told that I will be terminated from job, and if I want to continue I have to continue in the same rural branch, and with no assurance that I will be transferred to Mumbai, now 24 Oct '14 is the last day, but now I fear I will be utilised in the branch as a labour with no prestige & word to express myself, plz guide urgently as to what should I do.
Isaac Gabriel
(Expert) 24 October 2014
It is the sweet will of the bank to accept your request for transfer.Join again in the same post and try to convince the management.
Sudhir Kumar, Advocate
(Expert) 24 October 2014
you are hiding facts :-
Are you on sanctioned leave?
If not whether any disciplinary procedure has been started?
Guest
(Expert) 24 October 2014
Mr. Rakesh,
Are you really an employee of the SBI working in a rural branch, as per description of your problem, or a teacher, as claimed in your profile?
Rajendra K Goyal
(Expert) 24 October 2014
SBI has got well defined service rules and leave rules. You can not go on leave without due sanction. Bank may take disciplinary actions against you for proceeding on unauthorised leave and may terminate your services. Loss of pay leaves may be sanctioned for own illness and not for the illness of your son.
Transfer is not right of the employee.
You may search another job in Mumbai.
May take help from association, continuous follow up for 1-2 years is required, till management may agree. Higher management of head office level permission is required (no regional Manager would recommend as he would loose manpower in his region) being inter module transfer. May be adjusted in new recruitment.
P.ESAKKIMUTHU
(Expert) 24 October 2014
My suggestion is to raise an industrial dispute on transfer before the Regional Labour Commissioner(central) of your jurisdiction which may result your transfer during the conciliation meetings.OR you may try by filing a writ petition in the High Court of your jurisdiction.This may sometimes protract the matter unnecessarily
P.ESAKKIMUTHU
(Expert) 24 October 2014
the industrial dispute can be raised by your union only
Dr J C Vashista
(Expert) 25 October 2014
1. Did you not find any competant doctor in Nagpur itself so that you can avoid travelling to Mumbai?
2. Going on leave without pay(after sanctioning by authorities) is a temporary solution for a limited period, be at calm and donot adventure for your job.
3. Being a non-industrial employee Labour Commissioner/court donot have jurisdiction.
4. Join your duty immediatly at assigned place of the bank and avoid disciplinary action.
5. Reply the relevant question raised by expert Sh. PS Dhingra ji.
6. Contact, consult and engage a local lawyer.
malipeddi jaggarao
(Expert) 25 October 2014
Reply to the clarification sought by expert Mr.Dhingra.
Kumar Doab
(Expert) 25 October 2014
If you are a Bank employee indeed, then rejoin and find the resolution in service rules and transfer policy of the bank.
You have worked for a long time in Rural Branch and you may succeed.
Take help of seasoned and experienced union leaders well versed with service rules.
T. Kalaiselvan, Advocate
(Expert) 25 October 2014
There are certain privileges extended by Union ministry for personnel and training regarding transfer on child's health ground to the place where such medical facility is available, hope you have exhausted that privilege too?, therefore, as suggested by experts, it is better to take the help of an experienced union leader for further issues.
Sudhir Kumar, Advocate
(Expert) 25 October 2014
you are still hiding facts :-
Are you on sanctioned leave?
If not whether any disciplinary procedure has been started?
