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hasan abubakar   10 August 2015

Can i file a case against company while working

Dear Concer,

I am currently working with ING Now Kotak Mahindra Bank.

I worked with kotak Mahindra Bank from June 2010 to June 2012. Kotak mahindra terminate my services on ground of KYC complaince which was wrongly imposed on me. at the same time Kotak Mahindra Bank Issued a termination letter and later on they provide me relieving letter as well.

Than from Dec 2012 to Nov 2014, I worked with HDFC Bank and all background verfication was satisfactory in HDFC Bank.

In No 2014 i join ING Vysya Bank and later on merged in kotak mahindra bank, i have got new employee code for kotak mahindra bank.

Now I have recieved a communication from HR that my back ground verification is negative from Kotak Mahindra bank.

I initiated so many mails to validate my relieving letter which i had recieved from kotak mahindra bank but they are not accepting it. they are saying you were terminated from system and they are not talking about relieving letter.

Pls advice can i file a case agaist kotak mahindra bank?

 

Thanks

Hasan Abubakar

8744870222



 1 Replies

S Singh   10 August 2015

Since you are still working there, had they given you any notice or stopped your salary? If not then why are you bothered?

Further Kotak Mahindra Bank has no Locus standi to terminate you or take any action against you.

As for when they merged ING Vysya Bank with themselves they had to take ING Vysya Bank with all its assets, liabilities, employees, etc on as is basis. Means it will be construed that they know all facts before merging ING Vysya Bank and now they can not legally do anything detrimental against you.

If they terminate you or take any adverse action without your any new fault and without giving you any sufficient compensation for damages, you have options either to file a suit for specific performance or compensation against Kotak Mahindra Bank by making them defendant party like this: "Kotak Mahindra Bank Ltd., previously ING Vysya Bank Ltd."

Specific performance means they will have to keep you on job with salary as promised.

Compensation means they will have to pay you the likely difference arising of the salary loss which you shall incur because of their anticipatory breach of contract.


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