Gainfully employed

Dear Ramasamy,

You need not disclose about your current job. It is a responsibility of the your previous employer (mangement of Bank ) to prove that you are employed gainfully during the pendency of your case before Labour Court. Pl. see the following judgement by Karnataka High Court for your reference.

B.D.K. Process Controls Private ... vs Bharatiya Mazdoor Sangha on 5 July, 2005

Regards.

Sushil

Dear Sushil,

Thanks for your reply.

I failed to furnish the following in my previous post.  Please consider the following and reply suitably.

I was dismissed in 1999 and the appeal filed with the appellate authority was dismissed in 2000.  Thereafter we should have approached either the tribunal or labour court, but filed a writ petition in 2004, after a lapse of three and a half year, in madras high court without exhausting the remedy available i.e., tribunal and labour court.

Please advise.

Regards,

Govindarajan

what was the outcome of the WP in High Court.

Dear Ramasamy,

You are not furnished that before dismissal, your bank has initiated departmental enquiry against you or not. On what ground you approached to appellate authority? Who was the appellate authority? You said that your matter is pending before Hon'ble HC. Is your matter ready for final hearing? I think HC would sent your matter either to Labour Commissioner or to the labour Court with a direction to dispose it of in a specific period  if it found your employer's intention is malafied.

Regards

Sushil

Let him say what happend to High Court case.

Dear Sudhir Kumar/Sushil,

I furnish below the events in chronical order

1. Suspended without issuing chargesheet

2. FIR Registered by CBI, Subjected to raid & Enquiry

3. Referred to CVC for I Stage advice (not disclosed)

4. Chargesheeted

5. Disciplinary Proceedings by DA

6. Reinstated

7. Referred to CVC for II Stage advice (not disclosed)

8. Show cause notice for Dismissal by DA & supply of DA findings

9. Personal Hearing

10. Original order of Dismissal

11. Appeal against Original Order of Dismissal 

12. Appellate proceedings

13. AA recomended for reinstatement

14. Reference to CVC

15. CVC imposed major penalty

16. AA's order confirming the original order of Dismissal

17. Please click on the below link for details about the reference made to CVC 

https://www.lawyersclubindia.com/experts/Judgments-on-cvc-advice-254381.asp#.UEDoIcEgd5Y

18. The WP is ready for final hearing.

Hopefully, trust that you could help me out in this matter.

Regards,

Govindarajan

Seen other thread also.  No dates are mentioned.

When WP is pending, where does the question of "gainful employment" arise at this stage. The relevance is not clear.

However at rpesent you are earning since the day you were employed for Rs 2500 having lost a job of Rs 10000.  You are gaining some money so are gainfully employed.  You never stated yourself to hve worked in charitable capacity.