Facing Unjust Termination from an Indian Private Sector Bank: How Can I Challenge It?

I used to work with an Indian Pvt sector Bank in West Bengal. I joined the Bank in September 2011 and worked until March 2015. I performed my job very well, and no memo or any HR action was taken against me during this period.

In April 2014, since it was the beginning of the financial year, I approached my BM and other concerned authorities, including the Regional HR Manager, to request a transfer to or nearer to my home location in Bihar. Apparently, it seemed they were not happy with my request, though they agreed to transfer me and asked me to initiate an email to my HR and superior authority.

I was in constant follow-up with my Regional HR Manager for the transfer. Meanwhile, I continued to work in the same branch. In March 2015, my Regional HR Manager and my Cluster Head told me they were not able to place me in a suitable role at my home location or nearby and asked me to resign. They threatened me with termination otherwise. I refused to resign without any reason and informed them, "I am suffering from a spinal infection and have been advised complete bed rest for at least a month." However, they refused to grant me any medical leave and asked me to resign and search for a new job. I explained my inability to move immediately out of the station to search for a new job due to my spine collapse, but they refused to grant me any medical leave and humiliated me.

Indeed, a termination letter was issued to me on March 5, 2015. The reason for termination was not given, and they mentioned the extent of the employment agreement for termination. I received the 90 days' salary in lieu of the notice period, but it was in installments and only after rigorous follow-up for four months.

Where should I approach to challenge my termination?

Please correct me if I am wrong.

If your wages (basic pay) are less than 10,000, you will be a workman and you can raise an industrial dispute. You can go to your Labour Commissioner.

Thank you for your response. It is true that I am still suffering from a spine infection, which is actually caused by Bone Tuberculosis. I have all medical treatment documents and reports with me. Although it was detected in January '15, the doctor advised me to have bed rest for at least a month. However, due to job responsibilities, I continued to attend the office and delayed my leave request until the end of the Financial Year 2015.

Suddenly, in March 2015, my Regional HR and superiors started pressuring me to resign, which I refused. There seems to be no correlation between my transfer and my leave request. I was even called by my Regional HR Manager in late February 2015 to meet the Cluster Head of Patna, Bihar for a vacant position under him. But later, the same HR asked me to resign. Isn't this ridiculous? I have copies of all email follow-ups.

Salary Details

My basic salary was Rs. 18,500, and the gross monthly emoluments were Rs. 51,000.00.

Thanks & Regards,
Rajeev Kumar Ray.

Dear Rajeev,

You have not mentioned your designation in the bank. Whatever it may be, you are a person employed under the West Bengal Shops and Establishment Act, 1963. From your narration, your termination seems to be illegal. Therefore, you can file an appeal under Section 15 of the Act immediately. For the procedural formalities, please refer to the relevant rules and seek advice from a trade union or a lawyer specialized in labor matters.

Dear Rajeev,

It is very likely that the termination decision was taken by the local management due to some grudge against you. Approach your top management - write directly to the Managing Director - with full details. Do not lose any time. I have seen such termination orders taken back even in central PSU. Yours is a private bank. Hiring and firing cannot be at the whims of a middle-level manager. You must fight! All the best.

Dear All,

Thank you very much for your valuable responses. I would like to further inform you that I was positioned as a Back-Up Branch Manager in a Managerial Grade. My role primarily involved supervising and monitoring branch operations and compliance; however, I did not have the authority to approve leave requests or make promotions.

Regards,
Rajeev Kumar Ray