Jurisdiction
RAJESH CHOPRA
(Querist) 04 February 2019
This query is : Resolved
Dear Sir,
I was in a Pvt Sector Bank and my last posting was in Meerut as a senior officer. When my services were terminated I was at my residence on medical leave and the termination order was sent by e mail to my personal ID and the original was sent to my residential address in NOIDA.
The order was sent my by my Head Office in Mumbai though my department's regional office is also in NOIDA.
Please advise if I have to file a case against the Bank challenging the termination order & for relief and damages then where the case can be filed.
Please suggest a good lawyer based out of Delhi NCR expert in handling Bank service matters
Thanks
Guest
(Expert) 04 February 2019
So many important points were missing in your query. What are the Reasons behind and mentioned in Termination.Have you submitted your Leave application on Medical Grounds with Medical Certificate . Was there any Complaints against you earlier in the concerned Bank then what it is . Please explain all this for a Prompt reply from Experts please.
RAJESH CHOPRA
(Querist) 04 February 2019
Sir
1. The reason was that performance issued was made deliberately whereas my performance was comparable with other s and in many parameters better.
2. Yes I submitted my leave on e mail with proper medical prescription attachment and doctor recommending rest to me. Since medical fitness was to be obtained at the end of my leave the Bank terminated my services before itself.
3. There was never ever any complaint against me by any staff or client nor any financial loss or irregularity and no departmental case.
Thanks
Guest
(Expert) 05 February 2019
First send a Legal Notice in detail with the help of a local Advocate Specialized in labour /employees matters
Dr J C Vashista
(Expert) 05 February 2019
You have the option of instituting case(s) in Meerut (where your branch is situated); NOIDA (where you received the order) and/or Mumbai (where the termination order issued/ corporate office) irrespective of the allegations.
There has to be proper procedure to be followed for termination of services of an employee even if you were temporary, ad-hoc, probationer or any other appointment (except contractual).
Seek consultancy and professional services of a local prudent lawyer for better appreciation of facts & circumstances, guidance and proceeding.
Guest
(Expert) 05 February 2019
Legal Notice to be sent only to the Corporate Office Mumbai who had issued Termination Order..
Guest
(Expert) 05 February 2019
Please do not be misguided and the branch office Meerut where you served has got nothing to do in your case and they will do only the Post Man Job of forwarding your complaint to Corporate Office Mumbai
Guest
(Expert) 05 February 2019
Some one who had stated Noida could justify in what way Noida the place of receipt of Notice would be involved please
PARDEEP KUMAR
(Expert) 05 February 2019
Mumbai would be the most appropriate.
P. Venu
(Expert) 05 February 2019
Does the regulations of the organisation provide an option for filing an Appeal? If so, exhaust that remedy as well. As to the legal course, you may have to pursue a civil action. If so, provisions of Section 19 and 20 of the Civil Procedure Code would be decisive as to jurisdiction:
in my understanding, the proceedings could be instituted at Meerut or Noida.
19.Suits for compensation for wrongs to person or movables.-
Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
Illustrations
(a) A, residing in Delhi, beats B in Calcutta.B may sue A either in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B.B may sue A either in Calcutta or in Delhi.20.Other suits to be instituted where defendants reside or cause of action arises.-
Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction—
(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
Explanation I.—Where a person has a permanent dwelling at one place and also a temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary residence.
Explanation II.—A corporation shall be deemed to carry on business at its sole or principal office in {Subs. by Act 2 of 1951, s.3, for "the States".} [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.
Illustrations
(a) A is a tradesman in Calcutta.B carries on business in Delhi.B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B carries on business.
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benares, B and C make a joint promissory note payable on demand and deliver it to A.A may sue B and C at Benares, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi. There C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.
