Umakanthan53
Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
SAIBHAKTA
Retired From Air India
Snunna2
Employee
+1 Other

Thread Started by #snunna2

Sir, I have joined XXX Bank as PO on 01.03.2011 with 2 years probation period. At the time of joining, I didnot disclose details about a pending case as it was falsefully filed against me by the relatives of a girl whom I supposed to marry. In Dec 2012, I got a showcasue from bank reg pending case. I told the bank that I will settle in court at the earliest and settled it in Jan 2013 and subimtted to Bank. I also passed confirmation test. But, my probation was extended in Apr 2013 for 6 months. (By Feb 2013, 2 years probation is over) citing the reason of poor performance but nothing about pending case. In May 2013, I was terminated. Please help me
25th July 2015 From India, Khammam
1. Sir, please see and examine as to which of the civil service rules are applicable on employees of SBI. For example in respect of Central Govt. employees, Civil Services Conduct or other service rules are applicable. Accordingly, the service disputes of the central govt. employees are settled by Central Administrative Tribunal (CAT).
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
Dear friend,
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
Mr Umakanthan , I guess the letter for extension for probation was given in April'13 but the extension was from February'13 itself.This is quite normal in PSUs/Government enterprises.I also believe that the reason for termination had little to do with the performance and more because of the fact that the pending case was not disclosed and that was considered as a breach of trust.The writer of the post should also tell us what steps he took after termination till date.Since the case was finally settled (before termination) our legal experts can say if litigation against SBI will help or not.
28th July 2015 From India, New Delhi
Snunna2,
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
You have to state correct facts for the forum to respond. There are some unexplained gaps in the period. Why you have raised the issue / clarification after a long gap
29th July 2015 From India, Chennai
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