Termination on flimsy grounds
ashok k rao
(Querist) 16 January 2015
This query is : Resolved
Dear Experts,
I joined as CEO, a local Co-operative Bank in Bangalore in October 2014. Being highly qualified and experienced banker and worked in senior positions in various banks in India and abroad, the management took me on a year's contract, and also that the contract will be renewed by taking department approval later. I resigned from a bank job in Bangalore and reported for duty here
But, within few days of joining, i realised that the management is corrupt, self centered and wanted me to only work as a loan approving CEO for the financial and personal benefits of the board members.
When I resisted to put up non bankable and proposals not in conformity with the loan policy, few board members didnt like me, though the staff and customers respected for me for my good initiatives. The management was even forcing me to put up loans for defaulters, big amounts, beyond repayment capacity of the applicants etc., telling that the "board has powers to do anything"
One fine day I received my termination letter with one month salary cheque as notice period. However, the appointment letter says "one month notice period on both sides" and does not say about one month salary. Meantime, i had already written to the RBI and the REgistrar about the "malpractices" by the Board. Both the President and me were called by the REgistrar and the Registrar orally ordered the President and i be re-instated since my termination is not in order, (no notice, no charge sheet, no enquiry, no proof and no charges). I have sent mail to the bank (i) for reinstatement retrospectively or (ii) salary for full contract 10 months and damage of Rs.1 crore.
Kindly advise where will I file case against this small coop bank in Bangalore and which are the authorities I need to complain against the bank's board.
Guest
(Expert) 16 January 2015
Dear Mr. Ashok K Rao,
You state on flimsy ground, but I see no ground, what to say of flimsy. But, I find, your subject line is about termination of your service, contrarily you have sought advice on where to "complain against the bank's board" about their corruption.
Please clarify whether presently you are concerned with your reinstatement in service or with investigation for corrupt practices of the Board?
However, for appropriate advice about issue of termination/ reinstatement, offer/ appointment letter pertaining to your appointment would be required to be gone through.
For your complaint against the Board, only the RBI would be the appropriate authority to be approached, as corruption in Registrar's office can also not be overruled.
ashok k rao
(Querist) 16 January 2015
Sir,
1st is my reinstatement which in itself is primary. The reasons given are not maintainable by the bank. The appointment terms are not matching with the termination letter. How to go about demanding my reinstatement
Jayashree Hariharan
(Expert) 16 January 2015
As for termination/reinstatement, arrears please approach labour court sir.
for the bank, please approach RBI, as already suggested.
Guest
(Expert) 16 January 2015
Dear Mr. Ashok,
I have already pointed out to you that for appropriate advice on your problem, the terms of appointment are necessary to be examined.
However, being a CEO, your case for reinstatement or arrears of pay would not fall within the jurisdiction of a labour court.
Rajendra K Goyal
(Expert) 16 January 2015
Under the given situation, search for another job as the reinstatement would not be easy and may not be continued. You can continue lodging complaints to RBI, State Cooperative department regarding malpractices.
Kumar Doab
(Expert) 16 January 2015
You have mentioned that the termination order is not in line with the terms of the contract.......
It is felt that you may show the contract,termination order, emails,complaints, etc to an able service matter lawyer/law firm and proceed under expert advice of your lawyer......
If you are reinstated on verbal order then it is one of the possibilities that you may be terminated by some serious charge and may loose chance of claim/damages.......
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
You have stated that the appointment letter says "one month notice period on both sides", therefore the management has given you one month salary cheque along with the termination letter. This is a contractual employment and not a permanent one, hence the terms and conditions of the contract will apply.
