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Kumar sanja (employee)     26 March 2013

Termination in violation of terms and contract of appointmen

Dear All,


if  retrenchment is violative of terms and conditions of appointment letter and then clause 18 of standing order, in this sense is the termination for being surplus is illegal can i seek reinstatement if said act is violative of contract and standing order  ?

can i file the case before grievance redressal committee  r/w sec 11-c of industril dispute act

does grievance means including termination  ? after it is success can i maintain writ petition against the grievance redressal committie?

please not grievance redressal committe is created as a provision of sec 11-c mandated one, can i say it is a statutory body within the definition of state r/w art 12 of indian constitution


question :: if i be made surplus does it mean master and servant relationship still constinuous ? in that sense can i ask for injunction before civil court as iam not asking for declaration ?


can i ask the condition " termination in lieu of notice as unreasonable before grievance redressal committe ?


please elaborate




 7 Replies

Manish Udar (www.Mehnat.IN)     27 March 2013

Master and servant relationship is a derogatory phrase. You are an employee and nobody's servant except your own.

1 Like

Sukumar (Manager - ER&IR)     27 March 2013

Dear Experts, I need a clarification for my below doubts.......................... 1. A Temporary or Probationary employee involved in Misconduct as per Comp's approved SO mean how can v terminate him? Wat is the process to do the same? Wat natural Justice says?? 2. In his Appointment order the company promised, If the employee is terminated under various circumstances the company will pay 3 months notice pay r giving 3 months notice period. Is it applicable for Probationary employee? (In Appointment Order employer didn’t mentioned probationary / Temp. employees not eligible) 3. Temp / Probationary employee (Non - Tech / Office Staff - Managerial Cadre) is to be terminated without conducting enquiry??? or after issuing Charge Memo ???? Do its Possible??? 4. Do Office Staffs r Managerial cadre personnel are eligible to get Charge Memo???? 5. Can employer issue Charge Memo directly b4 issuing Show Cause Notice(SCN) ?? & Wat is difference b/w SCN & Charge Memo/Sheet??? wat kind of cases can we issue Charge Memo r SCN???? Regards, Sakthi

Adv k . mahesh (advocate)     27 March 2013

do not add your own greviance in another thread 

as per Mr. ravi

you can file at grivevance redressal committee 

raj (adv)     28 March 2013

@sukumarDismissal without enquiry is bad in law against the allegation of misconduct the management must hold the enquiry

raj (adv)     28 March 2013

@sukumarDismissal without enquiry is bad in law against the allegation of misconduct the management must hold the enquiry


We more than 10,000 youth were working with SBI as Individual Business Facilitator on one year contract since 2007 or later. Some persons agreement renewed by SBI, maximum has not. In April 2012 SBI has terminated all person with wrong allegation. When corporate Business Facilitator  is working till now and our requirement is continue in Bank.

In reply of RTI, SBI says that there is no any complain against Business Facilitator. Some High Court has rejected our appeal.

How can I get justice, if Court has rejected our  appeal then SBI's wrong allegation stands that I am wrong when SBI says that no any complain they have received against Business Facilitator's. 

Can any one suggest me How can I get justice. If you have any order of this type, please tell me. 



Kumar Doab (FIN)     06 June 2014

@ Kamlesh Kumar,

Your query is not clear.

It is felt that you were represented by a lawyer.

Your lawyer must have examined all docs on record and your inputs. 

In such matters generic advise shall not be of much help.

If you feel a need then take second opinion from a senior Labor Consultant/Service lawyer in person with all docs on record.

Did M/s SBI pay Gratuity to all employees that have worked for 4Y190/240 days?

You may find the thread relevant;


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