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mac (PO)     27 January 2012

Is this termination legal or illegal

I worked in a private scheduled bank as a Prob.Officer since one and a half year.The bond is of 4 years and confirmation period is 2 years.At the time of bond signing my original educational certificates were kept at hold by the organization to be released only after the completion of the bond.(This is what they do with everybody)

When I joined the bank,I could not accept few practises which are high risk taking but have a chalta-hai type attitude of my seniors.E.g They used to ask me to sign cash register without counting the cash,Forcing us to sign the attendence register with 3:00 PM whereas we used to work in bank till 8:00PM.sending me to carry heavy cash 15-20 lacs by public transport without any security.As I had verification power and sign power my seniors used to pressurise me to pass few transactions without providing proper documentations.


Given So,As this was my first job after college I was really scared of getting trapped in some illegal transactions as my seniors will not help me if any illegal transactions gets passed due to such malpractises.But to minimize the work they used to pressurize me do stuff without much questions asked.


Many a times I had disputes with my seniors with such thing hence I was not in their good books.Being on probation,I was mentally tortured too.

 

Nov 2010 I fell sick for around 4-5 months (Heavy chest infection) .I kept informing the bank and every week used to send them certificate from a reputed doctor.

 

After around 3 months,while I was in sick leave, they sent me a letter that your leave account is nill and your further leave extension is not granted.hence you are advised to join the bank immediately.

 

To the response,I requested them to extend the leave with supporting letter of the doctor.

 

After around 1-2 months they sent me a termination letter that "Due to your unsatisfactory performance in probation we terminate you from the services of the bank"

 

As I was also bit upset with thier practises in bank,I requested them to convert this termination word with a mild word so that it does not add a stigma to my carrer.I was terminated due to unsatisfactory performance,but they didnot do it saying it is as per our rules of probationary oficers and it is not causing any stigma on you as you are only terminated for underperformance and not bad character.Also the points that I raised like malpractises in the bank were given a -ve reply saying its only you who is complaining, no other officer complained.

 

Now its almost 1 year doing this correspondence with them but they are not moving their stand.

 

Now what should I do,as my next employers will definetly have a check with my past employer only to find this termination stigma.

 

Should I file a case in Labour court/civil court or let the by gones be by gones??



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 9 Replies

Kumar Doab (FIN)     27 January 2012

The conduct of the superiors and bank is unethical, unprofessional, unreasonable.You are right that bank can not conduct itself in the manner your superiors and bank has been conducting e.g. retaining original certificates for eternal period while originals can be asked only for OSV, sending you by public transport, forcing you sign the attendance register for 5 hours of less attendance,etc. You should have submitted gentle representations in writing covering all points posted by you. The verbal representations have costed you your job and future. Usually it is expressed in appointment letter that employment contract can be terminated in case of prolonged absence from duty due to..................including prolonged illness. However your services are terminated due to under performance.Usually termination during medical sickness is treated as a bad order. Has the bank issued you any memo or stinkers during your employment and have you replied in writing? Your written representations could have been useful in this case. Still it is felt that your matter is not weak. It shall be appropriate to visit a competent and experienced service lawyer and show all records and your lawyer shall be able to get you the relief.

mac (PO)     28 January 2012

Dear Kumar,

In appointment letter no such clause is mentioned that bank reserves the right to terminate for prolong sick leave or any other.

 

Bank has never given any memo/warning to me,instead given a cash reward for marketing excellence and incentives for target met.

The bank claims that as I am in probation no internal inquery or warning are required to be issues.They mentioned that this is as per probation rule and Termination simplicitor and does not add any stigma on me as it not a punishment or dismissal for bad character.

thanks

 


 

mac (PO)     28 January 2012

However I feel it as a stigma and so does other companies where I apply for job.

Kumar Doab (FIN)     28 January 2012

You have posted:

-"Bank has never given any memo/warning to me, instead given a cash reward for marketing excellence and incentives for target met."

-"they sent me a termination letter that "Due to your unsatisfactory performance in probation we terminate you from the services of the bank"

Your reporting authorities are making the statements so as to deter you from approaching a competent and experienced lawyer, seeking legal advice, and approaching lawful authority to declare termination order as bad and win back your job with full back wages.

You may approach a competent and experienced service lawyer/law firm/Labor consultant with all records and give inputs related to your case.

Your lawyer after evaluating all the options may advice to issue a legal/demand notice.

Kumar Doab (FIN)     28 January 2012

You have posted that:

'However I feel it as a stigma and so does other companies where I apply for job."

If you can manage to get even if by email form even a consultant mentioning that your candidature was short listed but rejected after interviews due to the termination order issued to you/ your candidature was short listed but rejected after reference check.

Moreover the charge is leveled in your termination order. Still your bosses have the nerve to call it without any stigma and term it a Termination simplicitor.

Legal recourse seems to be the only option since your representations have not fetched you any relief.

 

Dr J C Vashista (Advocate)     29 January 2012

Fisrt of all your termination is not a stigma, as you feel, since you were on probation for two years (which is yet to complete, meanwhile you absented due to prolonged sickness) consequently termination of your appointment. The employer do not have any crieteria for ill-performance and long absence, that's why (as I feel) your services have been terminated.

Whatsoever, being a bank PO your's is not an Industrial dispute as you are not a workman as defined in ID Act. You may proceed to get the termination set aside by declaring it as null and void through civil court after exhausting departmental appeal remedy.

Kumar Doab (FIN)     29 January 2012

You have posted:

"Now its almost 1 year doing this correspondence with them but they are not moving their stand.

  Now what should I do,as my next employers will definetly have a check with my past employer only to find this termination stigma. "

Yours being a private bank, you may give it a last try by submitting a structured and properly drafted representation to the good offices of Chairman of the bank citing all relevant points, to withdraw the termination order. Although the chances seem to be bleak, there is no harm in trying.

If this does not fetch you any relief, you may approach a competent and experienced service lawyer and adopt the legal route.

mac (PO)     01 February 2012


ThankYou Dr. Vashista for your advice.

Dear Kumar I have already sent a letter to CEO but no positive result.

Thanks for your advice.I have applied for a job ,if they get any -ve feedback from the bank then ill file

a case otherwise civil case looks bit time consuming.

Your advice helped.Thanks

Bhagwan Tolani (Salaried)     24 March 2012

Dear Mr. Mac,

Good Afternoon!

You have strong ground to take back all honour and dues from bank. Bank cannot terminate an absent employee.

I am sending herewith an attachment of Supreme Court Judgement on the said issue in previous years.

I do hope that it will guide you to take help from honourable law of India.

Thanks & Rgds


Attached File : 566546221 absnt scjdg.pdf downloaded: 121 times

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