Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Asso.prof.(commerce & Management) Pg
Retired From Air India
2. Similarly, you can find out the right forum to ventilate and take up your case. However, in my opinion, you are also required to follow the procedure laid down in such cases of termination from service as applicable on SBI employees since Hon,ble Courts will not interfere until and unless the remedies available in the service rules are not exhausted at your level.
3. A period of about 2 years has already passed and you have not disclosed in your remarks, as to what action you have taken during these years.
25th July 2015 From India, Noida
The particulars furnished are in bits and pieces. Since the date of joining is 01-03-2011, two years probation would end normally on 28-02-2013. But you've stated that the probation was extended for 6 months in April,2013 on the basis of under-performance but you were terminated next month i.e, May,2013. So it seems to be a case of discharge of a probationer on the ground of unsatisfactory performance. The unexplained gaps about what happened in March,2013 after the normal closure of the probation period in February,2013 and after extension of 6 months from April,2013, why the termination the next month in the middle of the extended period i.e, May,2013 are a bit confusing. Better, throw some light on these.
25th July 2015 From India, Salem
28th July 2015 From India, New Delhi
It appears the case against you in a marriage proposal has triggered the extension of your probation. During the extended period they resorted to termination without mentioning the suit but used the 'poor performance' card. How to define this "poor performance" ? Did you get any warnings, orally or written ? It has a link with your Recruitment rules. We have to study your case with these rules. Probation rules becomes handy for employers to dispense with the unwanted probationer. If you would have some documentary proofs to defend yourself then you can try as per the Rules otherwise only legal battle having ifs & buts. May be that you should have intimated the 'settlement' you reached in the marriage proposal to the SBI well in time which might have solved the issue. Have you not smelt this extension before it was intimated to you ? Whereas having extended the probation SBI tried to justify the extension action by terminating you. And now after elapse of 2 yrs. how come you have taken up the issue now ? All said and done you have remote chances of reclaiming your apptt. as it's the matter of 'termination during probation period' However, World won't end with this, look for better avenues to get over this upset.
28th July 2015 From India, Bangalore