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swati kaur (...)     05 September 2015

Termination from bank

Dear All,

I was working in pvt bank.I was a probationary officer there.I joined that bank on 15 nov 2013.I got my termination letter on 31st july 2015.

My case was as follow.........There are some names which I should explain,so that case will be easy to understand...

Sumit Panwar(BSM),Saurabh Rathee(he initiated funds transfer),Swati Kaur(me,who verified funds transfer which was initiated by Saurabh)

On 31st July 2014 Sumit Panwar,he was BSM of a branch asked Saurabh rahtee to transfer funds rs2.5 lacs from one account to another.He clearly said that I am sitting with customer and he is my relative only so no need to do call confirmation.System has been shut down in my branch that's why I am asking you to do this entry.Right now I can't provide you instrument but tomorrow morning you will get instrument.In good faith saurabh rathee did entry and I verified this entry.
Very Next day we got cheque.Saurabh Rathee called customer also.Customer gave consent for this entry.
 
For this entry bank gave decision of termination for me,saurabh and sumit panwar.
 
What is your suggestion can I go legal for this termination??
 
 


Learning

 12 Replies

saravanan s (legal advisor)     05 September 2015

you can take the issue to the labour commissioner

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     05 September 2015

Mam,

 

I mean I don;t see anything wrong on your part, then why you guys were terminated?

How come bank come to know that the instrument has been received one day later, who can prove that the instrument has been received one day later.

 

Warm Regards

Kapil Chandna Advocate

9899011450

 

 

Kumar Doab (FIN)     05 September 2015

Have you and/or anyone admitted in writing that instrument was not provided by the customer when funds were transferred?

M.S.R.Murty ( Manager (Admn))     06 September 2015

Madam,

If you can able to prove the involvement of BSM in the transaction, then only you can proceed further.

swati kaur (...)     07 September 2015

Dear All,

Full case happened like as follow...........

Mr.Sumit panwar used to do these kind of activities in his branch.

One day he took 50K cash from the teller of his branch and said I will provide you cheque after some time,because these practices happen in branch so teller gave cash to sumit.

Later on when teller asked for cheque he provided a customer's account cheque which he was having that time.Teller debited customer's account and closed his cash.

Sumit said to the customer your account has been debited wrongly.Your amount will be reversed within 2 days.

After 2 days Sumit called Saurabh to tansfer funds from his relative's account to some junior officer's account.Saurabh transferred the funds and I verified this fund transfer.

Till this date we were not aware about sumit's intentions and what happened in sumit's branch 2 days before,me and saurabh was not knowing.So in good faith we transferred the funds.

The account in which funds got transferred i.e. beneficiary's account was some junior officer's account.Sumit took out all the money at the same time and 50K gave to that customer whose account was debited and remaining 2 lacs we don't know.

Same set of words he said to his relative also that your account will get reversed within two days.

My Cluster Branch Manager was aware about this activity of sumit.Before reaching the cheque he reached our branch and directly asked us for instrument.

I said Sumit asked us to do that.He will give the cheque.We called sumit and collected cheque as well.

Saurabh checked with the customer then he gave consent also for fund transfer.

Till this point every thing was sorted out,but after 2 days Sumit called in some other branch and asked teller to deposit 2.5 lac in his relative's account.He said customer's cheque will get bounce kindly do it on priority.I am coming to your branch within 10 minutes.Teller was Sumit's friend only but she was also not knowing what activites he has done in branches.So she didn't doubt him and deposited cash.

Sumit did not reach the branch.As a result she had to take reversal from customer's account.

We all were called to our Regional Office and we were asked to write full case.I wrote truth.

In this case no financial loss,no reputational loss to the bank,but bank says this was series of transactions were done with the intention of fraud.

Bank did not consider our past behaviour or record with the bank and gave us termination letter for both tellers,me,saurabh and 2 more girls from his branch only.

Kindly suggest Is there any possibility that I can rejoin my job?   

Kumar Doab (FIN)     07 September 2015

The Cluster Manager was duly informed and he seems to have done nothing.

 

You should have consulted your able Labor Law Consultant before acting and writing on your own.

 

Now you may show everything to your able Labor Law Consultant and copntest the termination order and ensure it is called back.

 

Has the local branch registered under (name of the state) Shops and Commercial Establsihments Act. It should have and must have displayed the certificate in branch.

Whose name is printed in certificate as Manager/Employer's Representative?

take a snapshot of it.

swati kaur (...)     07 September 2015

I was posted in chandigarh.As per my knowledge my branch was registered.

Kumar Doab (FIN)     07 September 2015

Whose name is printed in certificate as Manager/Employer's Representative?

Can you take a  snapshot of it?

 

Whether the Bank has its certified standing orders?

 Is your designation covered by it?

 

Your lawyer may alos opine to demand CCTV footage with audio of all dates and notice the bank not to delete these.

 

There is a possibility that you may get covered by def. of employee as in Shops and Estabs Act.

Chandigarh follows Punjab Shops and Estabs Act.

 

Many of the private banks's employees are member of bank Employee's associations.

 

Are you a member and/or can you become a member?

 

You may show everything to your able Labor Law Consultant/Service Matters Lawyer/Law Firm and contest the termination order and ensure it is called back.

 

The counsel that has examined all docs on record can advise you the best.

 

If you are comfortable and do not have any reservations you may share the name of the bank by PM. If you have any reservation then there is no need to post the name of the bank.

swati kaur (...)     07 September 2015

Is there any other way to check that branch is registered under which act.

As it is not possible to take snapshot of that because I left chandigarh.

Is there any chance of retention ??

Kumar Doab (FIN)     07 September 2015

There should be.

You should seek the counsel of a good Labor Law Consultant/Service Matters Lawyer/Law Firm.

It is altogether different filed of law and in city there are a few counsels that specialize in it and are well knwon. Usuall all such matters are referred to them.

 

You may choose a counsel that stands for employee's.

 

For your own and future's sake the termiantion order should be declared a bad order and called back. Thereafter it is your choice to continue or not.

 

The counsel that has examined all docs on record can advise you the best.

 

swati kaur (...)     07 September 2015

So I need to discuss this case with labour consultant

Kumar Doab (FIN)     07 September 2015

For your own sake and your own good you should consult an expert counsel.

 

You may if you feel keep your elders in the family,competent and experienced well wishers, seasoned union leaders, family lawyer by your side, while you discuss.

 

If you are confident that you can handle the mater on your own then you can agitate as PIP-Party in Person.

 

Your counsels may advise you to notice the MD,Chairman to call back the bad termiantion order and reinstate you with full back/consequential benefits.


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