(Querist) 24 October 2018
This query is : Resolved
The non scheduled private bank terminated its employee as a result of disciplinary action.He made an appeal to the Managing director/ Governing body and it was also dismissed.What is the next course of action? Whether Writ Petition can be filed ?
Dr J C Vashista
(Expert) 24 October 2018
Move to High Court through a local prudent lawyer.
H. S. Thukral
(Expert) 25 October 2018
As far as writ petition is concerned, I doubt whether it will be maintainable, being against a private body.. However some HCs have allowed writ petitions against bank. If some of my Ld friend on the forum has a Supreme Court citation where writ is held to be maintainable against a private bank, I shall be enlightened to read it. If the employee is non-supervisory staff then he can challenge it in Labour Court. If the employee is of managerial/ supervisor category then it is to be seen whether disciplinary action was taken after due compliance of natural justice. Please give more details of the case for proper discussion.
(Querist) 22 July 2019
Writ is not maintainable agaisnt private bodies. Neverthless it could be agitated before the Deputy Commissioner of Labour under the Shop Act