Termination by Pvt bank - dues to complaint sent by friend with whom I was having some dispute - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Spl Educators Posh Programs; Hr & Ir
Rkn61
Hr Manager
Tinumal
Service

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Dear team, I was working with pvt bank but some issue they issue termination letter to me. Please find the instance.
I have taken Money from my friend for condition of repayment with in 3 years.
Now 2 years continue but after 2 years some dispute happened between me and my friend. Now they have account with bank which I am working
So they complain in bank as they have given payment for bank relation and for FD purpose. Now I resolved dispute between me and my friend then they have taken back their complain as this was wrong complain and not related to Bank. But now bank said once we received this complain then we issue termination letter
I said customer has given in written as this issue resolved and not related to bank, its personal matter.
But bank is not agree and issue termination letter to me. I am working since 3 years in bank and total 10 years of banking experience
Please guide me what can I do?
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Dear Tinumal,
Before your termination, did your bank conduct any enquiry? Was it proved in the enquiry that you violated some rule or regulation of the bank? Was the violation so severe that it merited the termination?
If the enquiry is not conducted then your termination is illegal. You may visit the labour office of your area and file a complaint. Let us see what happens.
Thanks,
Dinesh Divekar
But sir in this case customer has only given complain and their take back their complain, no one has any proof for this.. Only customer written complain basis bank has taken this step, customer and bank has no proof, only written complain by customer
Kindly guide
Hope you are a permanent employee in the Bank. Termination of permanent employee, without any misconduct/disciplinary proceedings is illegal and you can challenge the decision of Bank's management in any Court of Law.
The poster has not mentioned in what capacity he was employed - in the cadre of workman like clerk, cashier etc., or in supervisory/managerial like officer, Asst.manager, manager etc.
In any case, if the information given in the post is correct, the action of the Bank Management resorting to summary dismissal of an employee based on a complaint that was later withdrawn is totally illegal. Most probably, the Bank would have relied on some clause in the appointment orders providing for summary dismissal on the ground of personal financial transactions with customers. Even then under the narrated circumstances, the punishment of dismissal sans following the principles of natural justice will not withstand Judicial Scrutiny.
Therefore, if the poster is a "workman" under the ID Act, 1947, he can raise a dispute u/s 2-A(1) against the Bank claiming reinstatement with back wages, continuity of service and all attendant benefits before the Labor Officer for the area where he worked last.
In any other case, he can file a Civil Suit claiming damages for breach of contract of employment by means of wrongful termination.
Better for him to consult the Bank Employees Association or a Civil Lawyer.
In this Case, as is put up, the Bank Management's Disciplinary Action is "Menisfestly Arbitrary, Unfair, Unreasonable, Irrational and Punistive in Nature originating from Whims & Fancies of the Punishing Authorirty in te said Banking Establishment and therefore Remeddy Must be Sought and Secured.
Besides, Bank's Action is Outright Violation of the Fundamental Rights of the wrongfully-Discharged-from Employment -Holder.
Such Arbitrariness is Threat to Society for " Injustice Anywhere is Threat to Justice Everywhere.
Harsh K Sharan
Kritarth Team
1 Dec 2019
Dear Tinumal,
As stated by all colleagues, I you falls under the category of workmen, then being an employee of Private Bank, the Appropriate Government is Central Government and as such you have to raised the Dispute with Labour Commissioner ( Central) of your Jurisdiction, obtained failure report and on receiving the reference you have to move the Central Government Industrial Tribunal as mentioned in the reference issued by Central Government.
Regards,
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