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

HASHMI H N (SBI)     06 December 2011

Termination of service from sbi

SIR,

         To get your valuable guidance, here i add my case of termination from SBI. I had joined State Bank of Indore as Probationary Officer in 2009 Batch in Madhya Pradesh and I am basically from Maharashtra. As the State Bank of Indore merged with SBI,almost all our batchments were given home state posting except one or two including me.I was transferred from A'bd Maharashtra to Bhopal circle. After the two years probation period they have terminated me for the reason stating that not fit for confirmation as per Officer Service Rule 16(3).Sir, the things to be considered are -

1) My first year's annual appraisal report is excellent.

2) After transfer I was unauthorisedly absent and joined after Bank's notice,which is a misconduct,as per rules

3) Now,the reason stated in termination is not on grounds of misconduct but performance that is not fit.

      But, as per our terms and conditions, we were not required to pass any exam for confirmation and are confirmed based on our performance.If performance is not good,then the provision of extension is there before termination as per Rule 16(2) preceding Rule 16(3) before directly terminating from Bank in Officer Service Rules.

      My question to Sirs is can I approach court of law against my termination,if yes to what strength can I stand? Seek  your valuable guidance,Sirs.

 HASHMI H N

 

 



Learning

 9 Replies

V. VASUDEVAN (LEGAL COUNSEL)     06 December 2011

What does the Service Rules stipulates on the period of probation. As per the established laws, the probation period cannot be longer than 6 months and two years probation itself is a unfair term. Please provide more details on the terms of the letter of appointment, paramters for performance and the service rules. If the termination is on account of performance, you have right to get the detailed appraisal report for the whole period of probation. Even if the performance was reported poor an opportunity for review ought to have been given to you during the probation or an extension ought to have been granted as a natural justice.

vasudevan

Gaurav Pandya (Advocate & Registered Trade Mark Attorney)     07 December 2011

 

Its a Unfair Labour Practise. 

U may urge under B. I. R. Act.


(Guest)

Definitely, you can approach the court of law, if you have sufficient proof of your performance against the reason quoted for your termination by the management.

Kumar Doab (FIN)     08 December 2011

Learned experts and members have given their valuable advice. Kindly follow it.

You have yourseld cited reasons and grounds on which you can contest the bad termination order.

HASHMI H N (SBI)     08 December 2011

DEAR SIRS
 I AM VERY MUCH OBLIGED BY GETTING YOUR VALUABLE ADVICE AND VIEWS ON THE MATTER AND THANK YOU,ALL THE LEGAL EXPERTS ABOVE EXPRESSED THEIR VIEWS.SPECIALLY THANKING PS DHINGRA SIR FOR HIS ATTENTION TO MY QUERY.I AM GOING TO PROCEED WITH LEGAL ACTION AND HOPEFULLY EXPECT ADVICE AND REPLIES IF NEEDED IN FUTURE AS WELL.I FIND THIS SITE REALLY USEFUL.    

HASHMI H N (SBI)     10 December 2011

SIR,

      I WAS POSTED IN MADHYA PRADESH AT THE TIME OF TERMINATION AND BANK'S HEAD OFFICE IS IN MUMBAI SO WHERE CAN I FILE THE CASE, IN MAHARASHTRA OR M.P. AND IF IT'S IN M.P. KINDLY REFER GOOD LAWYER IN LABOUR AND SERVICE LAW IN MP,IF KNOWN. OR

IF ANY LAWYER FROM M.P. PLS  REPLY OR  REFER A GOOD LAWYER IN M.P. IN THIS REGARD

Kumar Doab (FIN)     10 December 2011

You can file at your location at the time of termination.

jagadish paranjape (Advocate)     28 January 2012

Since your initial appointment was as officer on probation,it appears that you are not workman as defined under I.D.Act 1947. Since BIR Act 1946 is not applicable to SBI,we need not consider whether you are an employee under that Act.The maximum probation under Industrial Employment (standing order) Act is 3 months,but that Act is also not applicable to you.Therefore the legality of the probation period would depend on the service rules of SBI.

Although during probation employer is the judge of the performance of an employee,the judgment has to be objective and there has to be sufficient material to substantiate the same before the court.If you feel that action against you is vindictive and/or capricious,you can challange it in court.Only forum available to you would be CAT or civil court at your place of residence.

Prior to entering in litigation pl. consult competent lawyer.

Sudhir Kumar, Advocate (Advocate)     10 February 2012

Banks are not in CAT jurisdiction. You have to move to High COurt.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register