Saswatabanerjee
Partner - Risk Management
Boss2966
Industrial Relations
Cite Contribution
Community Manager
MNawazbaloch
Branch Manager

I was working in XYZ bank (Private Bank) as Branch Manager in Islamabad (Pakistan) last year. My job was terminated without any customer complaint and with an allegation that I was received an amount of 3 Million cash outside the bank from TAMEER MICROFINANCE BANK Manager and issued a Memorandum/bank slip.

So I conveyed the bankers that the same can be verified easily from the said Bank's Branch Manager. But management totally neglected my reply prima facie and not considered. Further the Bank management held a domestic inquiry against me on 25-07-2014 and the inquiry officer onside report sent to higher management against me. With this report the management issued me a Letter of Termination on 06-08-2014. Then I approached NIRC court very next day with all procedure. Till now XYZ bank is not having any solid proof against me. But in the last week NIRC court rejected some bank manager cases and said that manager is not a worker/workman. Hence I request all the members to advice me regarding the further course of action, so that I can be reinstated with retrospective effect.
16th May 2015 From Pakistan, Islamabad
For your information even a pilot is an workman as per court judgement. In your case, you need to consult a good labour lawyer of your area to present your case before the court.
18th May 2015 From India, New Delhi
Union bank is a public sector bank. Therefore you do not need to go to the court"alone. You can even go to the Central administrative Tribunal tribunal and apply for reinstatement. In case you think the case against you is due to corruption all wrong action by any person in the bank, you can also approach the central vigilance commission.
18th May 2015 From India, Mumbai
#Anonymous
UBL bank is a private bank. You intend to challenge your termination before NIRC constituted under Industrial Relations Act, 2012(pakistan).However, the industrial dispute can be raised only if you are covered within the definition of "worker" or "workman" as defined under section 2(xxxiii) of the Act. It excludes any person who is employed mainly in managerial or administrative capacity. Prima facie your designation shows that you were engaged in managerial capacity. In the case of Central Bank of India v Asstt Labour Commissioner (2000)1 LLJ 167 All High Court also observed that Bank Branch Manager is not a workman. You compare your nature of duties with those stated in case and if it be so NIRC will not have jurisdiction. However, you may file suit for declaration in civil court for declaring the termination as illegal and for award of damages subject to law of land prevalent there. You may consult a labour or civil lawyer for appropriate remedy as per local laws.
Thanks
18th May 2015 From India, New Delhi
I am mailing this thread to an expert in legal practices. Am keen to understand how can this be resolved!
18th May 2015 From India, Mumbai
#Anonymous
Wish that the thread should have been sorted out expeditiously so that a foreigner may also bank upon the cite.
1st June 2015 From India, New Delhi
Dear anonymous,
The original post was incomplete.
For example, it does not state which country the person is, what type of bank he is working for, etc.
Since most of the members of the forum are from india, in absence of specific information they will assume it is an Indian case. I do not think there are enough members here from Pakistan to give the kind of support that Indian HR professionals get from the site.
For some generic HR procedure, country does not matter. But anything that has a legal implication, knowing the laws that apply is critical. Foreigners can rely on citehr when there are enough of locals from his country contributing to the forum.
2nd June 2015 From India, Mumbai
#Anonymous
Knowledge is having all pervasive characteristics. From the facts it is evident that the queriest worked in a bank. The very fact that he is trying to invoke jurisdiction of NIRC shows that he belongs to Pakistan. The NIRC is constituted under the Industrial Relations Act 2012(Pakistan) which is available on internet. Thus on close examination at least forum where he can approach can be told. One cannot comment on merits.
2nd June 2015 From India, New Delhi
Dear Nawaz
As a matter of fact, I am not aware of the legal procedures and details of judiciary system in Pakistan.
But in general anyone can say that the "ONUS OF PROOF" normally lies with (a) in case of Criminal Case - the Applicant/Plaintiff and (b) in case of Civil case - the Respondent/Defendant.
2nd June 2015 From India, Kumbakonam
#Anonymous
Depending upon the issue involved the onus of proof lies upon the plaintiff also and it shifts according to evidence led in. In DA cases and alibi pleas onus is put on accused to explain and prove.
2nd June 2015 From India, New Delhi
But in this case the allegation was he received the money from some other bank, in which he was not having any relationship. It is not the DA Case. Let us wait for some expert to give opinion on this issue.
3rd June 2015 From India, Kumbakonam
#Anonymous
The position of DA case was mentioned in regard to the previous general statement of onus of proof in criminal cases. The issue is mainly termination of queriest service on whatever grounds. In our country, the onus of proof should be governed by the following law:
The Bombay High Court in Mukund Staff And Officers' vs Mukund Ltd. In 2007 held as follows:
"16. Therefore, prima facie the burden lies upon the workmen to establish its claim as specific disputes have been raised against the order of termination and claimed reinstatement of full back wages and continuity of service."
3rd June 2015 From India, New Delhi
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