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looser   05 August 2016

What to do when bank send demand legal notice

Dear sir In 2012 I had a job offer from ICICI Bank for the post of assistant manager and salary of rs more then 400000 ctc.and for this job they will trained me in banking and finance for one year.and after compilation of the training I will get the job in ICICI Bank as well as certificate in mba in banking and finance.This training cost around rs/- 300000 which provide by ICICI Bank and this amount will recover from my salary.But after the training they give me only 20000 per month and they posted me far way from home at Bhusawal Maharashtra.where cost of living is to much high.I have to pay 5000 per month as rent and after deducting all my monthly expenses I don't have a single penny to send back my parents as well as I am unable to performing my family duties.I request many time to HR to Transfer me in my home town or state but they don't listen.In 2016 march my father got an heart attack.for the last time I told the HR to transfer me in my home town for the sake of my father health issue but they didn't listen so I don't have the any other choice but left the job.Now they send me demand legal notice to pay 420000 with in 15 days.but at present i m taking preparation for govt jobs and my monthly income from tuition is only 6000.Me and my Fathe both dont have any bank balance to pay the said amount.....sir please guide me...before that they send me same demand notice and i inform them that i will defiantly pay when I got a good job..but still they send me legal demand notice.


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 8 Replies

Ms.Usha Kapoor (CEO)     05 August 2016

Dear Client,

              Even If there is some delay in filing writ  ALONG WITH CONDONE DELAY PETITION you can proceed to file writ procedings of Mandamus against the bank for breaching the conbtract of empoployment as per your appointment letter bv paying you lesser salary. They used tactics of unfair labor practice and victimisation etc against you. YOU FIRST ISSUE A CO0NCRETY REPLY TO THEIR DEMAND LEGAL NOTICE ALTHOUGH A DELAYED ONE IT IS THE BANK WHO BREACHED THE CONTRACT OF EMPLOYMENT BY PAYING YOU FAR LESS SALARY THAN AGREED UPON AS PER EMPLOYMENT CONTRACT AND VICTIMISING YOU ETC TO TAKE YOU BACK IN TO THE EMPLLOYEMENT WIT FULL BACKM WAGES AS PER THEIR AGREEMENT/CONTRACT IN THE EMPLOYMENT CONTRACT/APPOINTMENT LETTER FAILING WHICH YOU''D INITIATE CIVIL LEGAL PROCEEDINGS AGAINST THEM GIVING 15 DAYS TIME. iF YOU DON'T GET A REPLY FILE A wRIT OF MANDAMUS IN hIGH COURT POINTING OUT THEIR BREACH OF EMPLOYMENT CONTRACTBY PAYING YOU LESS SALARY AND OTHER FORMS OF HARASSMENT, UNFAIR LABOR PRACTICE AND VICTIMISATION  WHENN THERE IS NO PROVEN MUISCONDUCT ON YOUR PART PRAYING FOR YOUR REINSTATEMENT AND FULL BACK WAGES.. CERTAAINLY THERE IS HOPE OF YOUR GETTING REINSTATED WITH ALL ATTENDANT BENEFITS.iF YOU APPRECIATE THIS ANSWER PLEASE CLICK THE THANK YOU BUTTON ONTHIS FORUM.

Ms.Usha Kapoor (CEO)     05 August 2016

I'M SORRY. yOU NEED TO FILE A CASE IN lABOUR COURT AS ICI BANK IS A pRIVATE BANK SO NO WRIT LIES. AFTER ISSUEING DUE REPLY TO THE BBASNK'S DEMAND NOTICE AND WAITING FOR 15 DAYS AS CITED ABOVE APPROACH A lABOUR COURT AND PRAY FOR THE RELIEFS OF REINSTATEMENT AND BACK WAGES SHOWING BREAHCH OF EMPLOYMENT CONTRACT, UNBFAIR LABOUR PRACTISE AND vICITIMIZATION ETC AGAINST ICICI BANK.sOONER THAN LATER YOU'D GET RELIEF AS PRAYED FOR. ENGAGE A lAWYER WHO IS WELL VERSED IN lABOUR lAW. iF YOU APPRECIATE THIS ANSWER PLEASE CLICK THANK YOU BUTTON ON THIS FORUM.

G.L.N. Prasad (Retired employee.)     05 August 2016

The right to transfer vests with Management, that plans and deploys work force as per needs.  One can not demand transfer to native place or osme place convenient to him.

When you have left the employment, and breached contractual terms, instead of spending more amounts for filing a case against the Bank, till they take the lead.

Let the court decide and abide by judgment.

Kumar Doab (FIN)     05 August 2016

Do you have copy of offer letter with CTC Rs.400000/pa?

Was any appointmnt letter issued thereafter with CTC Rs.400000/pa?

Does offer letter/appointment letter state place/state/region of posting intially?

Do you have the agreements signed by you for the said training and deduction of expnses from training? Do you have the copies of agreements?

Does the salary slip issued to you show statutory deductions and the borrowing for training?

 

Did you request to trasnfer in writing?

 

Did you leave by resignation?

Did you narrate reasons for resignation in notice/final resignation/subsequent communications?

Apparently the legal/demand notice is for liquidated damages and/or debt.

You may show all docs to a very able counsel specializing in Labor/Service matters for a considered opinion. Your counsel can also opine if as Asst. Manage you were/are covered by the def. of 'Workman' as in ID Act and/or 'Employee' as in state Shops & Estbs Act.

 

If you are not covered then you may have to approach Civil Courts.

If covered then covered person can approach Tribunal and there is no  limitation to approach and tribunal shall decide.

It is felt that M/s ICICI bank is not memeber of IBA and if not it may not be following service rules suggested by th body.

It is felt that you were and are not member of any employe's/trade unions.

 

 

 

Satya   18 October 2016

Just wait and watch their next moves. Just avoid taking any further notice etc from them. Let them know that you are not living there and none knows your current address.

THIS IS A NATURAL, PAINLESS AND EXPENSE-LESS DECISION.

Let them go to the court for a fighting ------------ believe they do not have much time to continue it, have some other works to do.

UNLESS, YOU HAVE NOT DONE ANY OTHER CAUSE TO THEM.

 

 

 

Kumar Doab (FIN)     18 October 2016

The author has not responded.

viraj   19 July 2019

Dear looser can you please share your number with me..As I am also from ICICI po program..Facing same issue

G.L.N. Prasad (Retired employee.)     19 July 2019

This forum is like God  When one faces a problem, the door is knocked.  Once the problem is solved, no one looks back to forum.  So make your own arrangements with the limited guidance already available in the post and explore your own ways.


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