Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

GOKULDAS KAMATH (EX BANKER)     28 March 2013

Is this illegal dismissal

I am an ex banker and  was working as a Branch manager of a gold loan company with effect from 14.11.2009.The offer letter says that  my employment will be for a period of 12 months on contract basis subject to continuation unless it is in writing.After the completion of 12 months my services were continued without anything in writing.During second year of my service,company had given the facility of all kinds odf leave and also ex gratia bonus.My salary of Rs.14000  in 2009 was increased to Rs.25000 in 2012.I was working in this company till 22.02.2012(3rd year)

As per the oral instructions of company officials,I had gone for a takeover of gold loan from another gold loan company  on 21.02.2012 with a cash of Rs.750000.But,on the way,I was robbed of this money.Retired police officers working in this company did not allow me to register the complaint.With thier hold over police department,they registered a case against me on 22.02.2012.With effect from 22.02.2012,my name was removed from the list of employees.I did not get the bail as there was lawyers  indefinite strike during this period and high court also rejected my appeal.Police have filed a charge sheet against me.

In June 2012,company  issued me a memorandum of charges and asked me to reply it.This charge sheet was sent to my old address in May 2012 which was returned to the company.As per this charge sheet it is stated that I am kept under suspension.But there is no suspension order issued to me.After getting this charge sheet I gave detailed replies.In August 2012 company's HR department wrote that one Mr.X is my Inquiry Officer and I am required to go to thier Head Office at Kerala to attend the inquiry and also stating that I will be provided with required documentary evidences to defend my case.

In reply to this,I wrote to them that  I am a heart patient and due to my continuous sickness,high BP and high blood sugar level and hence requested the IA to conduct the inquiry at Bangalore.Company was informed of my illness at the time of my appointment.I had also informed IA of my financial constraints to travel to Kerala state and my inability to undertake long journey.I had also sought various documentary evidences to defend my self in the inquiry

Company did not respnd to this letter.No Inquiry was held.They did not inform me whether my request to hold the inquiry at Bangalore was considered or not.I have not been provided with documentary evidences soughtby me. Few days back,Company has sent me a letter stating that I have been dismissed as I did not attend the inquiry and hence ex-parte decision is taken.Company has not paid me the salary of February 2012 till date.

In October2012 company has filed a civil case in the civil court invoking my surety bond and indemnity given by my wife.Court has referred this case to mediation centre.In the meantime,there is an arrest warrant against me due to not getting bail in the police case.I am feeding the police officials every now and then to avoid the arrest.In view of all kinds of harrassment by this company,I am planning to pay Rs.7.50 lakhs to the company in one lump sum against which company is going to withdraw all the cases against me at the intervention of Mediation centre.

But,I want to go ahead against the illegal dismissal from the services.Can anyone guide me suitably and reliefs available to me .What kind of case can be filed against this company



Learning

 2 Replies

Sudhir Kumar, Advocate (Advocate)     28 March 2013

In this case the following points are relevant

(I)                Ther chargbehseet sent at old address was returned to company.  In case you had not intimated new address to the company the same is deemed to have been served.

 

(II)             You have avolided going to HO due to health ground and no order has been passed by IA,  rejecting your plea, he nce there is apparent denial of natural justice.

 

(III)          The financial constraints raised by you could have been repelled by  the company stating that you will be entitled to TA and DA. But they probably did not intend meeting such expenditeure and this is denial of natural justice.

 

(IV)          You said that you demanded some documents to defent in the iqniuryu by did not say whether these were provided or not. If not provided nor request rejected by IO then it is denial of natural justice.

 

(V)             You believe that no inqauiry was held, it may have been held without any further notice to you.

 

Prima facie you have good case to challnag dismissal

Adv k . mahesh (advocate)     29 March 2013

you told that you have wrote a letter on the inquiry for inability to appear due to health grounds do you receive the acknowledgement and how you have sent because for challenging the case you should require the as an evidence

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register