(Guest)

Crs as a measure of punishment

A man came to me for the following problem:

A, a Bank employee in Bank of Maharashtra was given Compulsory Retirement as a measure of punishment.

He says, there were 8 complaints against him, regarding his alleged misbehaviour with Bank customers and the Branch Manager.

The inquiry took a year to complete and then he was terminated from service by CRS.

He claims that, complaints were fake, he was a union leader in bank therefore superiors lodged fake complaint against him because of being biased against him. He also claims that, comlpaints by customers against him were also fake and superiors directed customers to lodge fake complaints against him.

He want to be reinstated to the service.

I am new to practice, just got permission of practice. I don't know how to deal with the case, will there any Writ Petition lie against the bank or will there be any suit lie against the bank, in both conditions, please help me with detailed proedure for filing such writ or suit. Where to take recourse against such alleged wrongful CRS? Are there any Tribunals consituted for such matters?

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6 Replies

sushil (Sr. Clerk) 13 December 2012

Dear Sandeep Naik,

Pls. make a complaint u/s.10 of 'Industrial Dispute Act 1947' in Industrial Court or Central Govt. Industrial Tribubal or in Labour Court & get reference for adjudication. I am enclosed herewith Hon. SC judgement for your perusal.

Regards.

Sushil

Attached File : 148603234 karnataka state road transport ... vs lakshmidevamma & another on 1 may, 2001.docx downloaded: 152 times

(Guest)

Thanks a lot Sushil Ji..

sushil (Sr. Clerk) 14 December 2012

Dear Sandeep,

I have gone through the dispute regarding my job with different issue alongwith my 5 collegues against a jiant company in oil marketng sector. Our dispute is over in 'CGIT Court No.,Shram Raksha Bhavan, Sion Kurla Road, Opp: Priyadarshini, Mumbai - 400 022'. Award in favour of us. Now employer filed writ petitions in Bombay High Court. Matters are pending for final hearing. From 2005 to till date Co. stopped our salaies despite of CGIT-award. I suggest you to teach a lession to employer-bank. Kindly search India Kanoon.Com on google forvarious SC/HC judgements related your dispute, which is helpful to you.

Regards.

Sushil

(Guest)

Thanks a lot Sushil Ji,

My client was a Clerk in the Bank.

Can I directly file a Writ Petition in H'ble High Court on this matter?

sushil (Sr. Clerk) 14 December 2012

Dear Sandeep,

High Court can not entertain your plea as you have a remedy avaiable in 'Industrial Court/Labour Court/Industrial Trinunal' where the appropriate forum will make enquiry of your case and deliver award. Once award arrived then aggrieve party can challenge to it in High Court. Conclusions recorded by Industrial Court/Labour Court/ Industrial Tribunal' can not be challenge by any one. Approach to High Court at this stage means wastage of time & money

Regards.

Sushil

Sudhir Kumar, Advocate (Advocate) 15 December 2012

High Court may entertain the case as it is Govt Bank but such case cannot be filed before appeal is made to the Appeallate Authroity at Bank.

It is a Govt Bank. Each Govt company has got Conduct Discipline and Appeal Rules which prescribe misconducts, punishments and procedure. Please get the same from your client and see:-

(i) Whther retirement is by way of one of the precribed penalties (lesser than removal or dismissal).

(ii)If yes twhether procedure of chargesheet and inquiry has been followed.

(iii) Whther Appeal as per the said rules been made.

Alternatively the retirement could be on the lack of performance nearing age of 50-55 as the case may be, caused by the said complaints. then see:-

(i) Whther ther ewas any adverse ACR.

(ii)Whether the complaints were got authenticaled.

(iii) Whether such exercise is shortcut to the disciplilinary procedure.