bankofficersservicregulatns
Querist :
Anonymous
(Querist) 16 December 2010
This query is : Resolved
respected sir, i would like to bring to your notice that one of my friends was working in a nationalised bank and was convicted by lower court on the basis of corrupation charges by the lower court and he went for appeal to high court and acqitted after ten years inclusive period of suspension of three years. the bank inducted him into service and orders are given that the employee is not eligible for back wages applying the application of nowork no pay. though the employee interested to work but bank did not allow him towork and dismissed him. now, the point is that no work no pay will apply only inthe case of strikes, loss of pay and others as per my knowledge, but \in this case, thisis not applicabl. i have advised my friend to represent for thesame. shall he get backwages as per eligibility and if so what is the proceedure to be followed and is there anytime limition for represeting. he got substitae allowances for3 years from the date of suspension and after dismissal he did not receive a single pie. as you are greatpesoality and well versed with the banking services and regulations, kinly help him toget back wages. thanks and regards
12/12/2010 20
Raj Kumar Makkad
(Expert) 16 December 2010
After High Court verdict which has become final now, there is no scope to raise new questions. High Court has already decided that no back wages for the period the employee remained on suspension. If bank has subsequently dismissed the employee then go to HC and file contempt of court against the erring officials otherwise rule of wages is already settled.
Uma parameswaran
(Expert) 16 December 2010
i am thinking you can approach Apex Court.
s.subramanian
(Expert) 17 December 2010
I disagree. You can claim back wages. The High court has decided only the criminal case and has not stated anything about the reinstatement or back wages. While dealing with a criminal appeal,the High court will not and cannot decide anything about such matters regarding employment. If you are denied back wages,it is illegal. You can seek remedy by filing a writ of mandamus before the High court.
Devajyoti Barman
(Expert) 18 December 2010
The judgements on this issue is quite conflicting amongst the high courts and the supreme court.
Querist :
Anonymous
(Querist) 24 December 2010
respected sirs
on this querty, differnt learned advaocates are being given different opinions. kindly let me know shall i get back wages durng the dismissal period. what i have to do can i represent to the bank for back wages. please clarify
