service

Querist : Anonymous (Querist) 03 September 2010 This query is : Resolved
the lower court convicted bank employee and the public sector bank taken action as per br act and dismissed the employee
after that the high court set aside the judgment of the lower court. the bank till date not inducting the employee into service. now the point to clarify whether the mployee will get employment and is there any time from the date of judgment pledas clarify

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s.subramanian (Expert) 03 September 2010
The judgement in the criminal case does and cannot have any bearing upon the disciplinary proceedings. But if you can make out that the punishment of termination is totally disproportionate to the charges,then you can succeed. For that you have to challenge the termination order before the high court.

Devajyoti Barman (Expert) 03 September 2010
Yes I fully agree. Challenge the termination order at the earliest.

P.ESAKKIMUTHU (Expert) 03 September 2010
IF THE DISMISSAL OF THE EMPLOYEE BY THE BANK WAS ON THE GROUND OF CONVICTION, THEN THE BANK MUST OFFER EMPLOYMENT WHEN ONCE THE CONVICTION OF LOWER COURT IS SET ASIDE BY THE HC.THE EMPLOYEE MUST BROUGHT TO THE NOTICE OF HC JUDGGMENT TO THE EMPLOYER.IF THE BANK DOES NOT OFFER EMPLOYMENT, THEN YOU HAVE TO RAISE INDUSTRIAL DISPUTE BEFORE THE ASST.LABOUR COMMISSIONER(C) HAVING JURISDICTION

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