I was working in a public sector bank in an officer cadre. All of a sudden, my services were terminated without assigning any reason. I had been working in this provincial bank for the last 18 years. The bank also paid me 3 advance salaries in lieu of a three-month notice.
As per my appointment letter, there is no clause for the termination of services without any reason. The only clause regarding service rules states: "After joining the bank, you will be called upon to sign the service rules of the bank when framed."
The interesting thing is that nobody in the bank knows where the bank's service rules are. Neither have these been circulated nor signed by any employee.
In my termination letter, the only reference is given to the HR Manual clause. I did not even see this manual. This manual has also not been circulated, and I did not sign its acknowledgment. There is also a gratuity scheme in the bank.
Please guide me in this matter. I am planning to go to court. In my point of view, the bank will take the plea of Master-Servant Relationship.
Is there any court verdict on this type of illegal termination?
From Pakistan, Karachi
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As per my appointment letter, there is no clause for the termination of services without any reason. The only clause regarding service rules states: "After joining the bank, you will be called upon to sign the service rules of the bank when framed."
The interesting thing is that nobody in the bank knows where the bank's service rules are. Neither have these been circulated nor signed by any employee.
In my termination letter, the only reference is given to the HR Manual clause. I did not even see this manual. This manual has also not been circulated, and I did not sign its acknowledgment. There is also a gratuity scheme in the bank.
Please guide me in this matter. I am planning to go to court. In my point of view, the bank will take the plea of Master-Servant Relationship.
Is there any court verdict on this type of illegal termination?
From Pakistan, Karachi
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Before going to court, kindly check your appointment letter or offer letter once again. Because, as far as I know, there is no appointment letter that is being prepared without the termination clause. As you have mentioned, they have given you a basic pay of three months, surely there must be some clause reflecting that either party can leave the organization by giving three months of basic pay or serving the notice period. If they have terminated you without any show cause notice or without any valid reason, you have all rights to go to court. Thank you.
From India, Madras
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22From India, Madras
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Understanding Your Rights Under the Shops Act of 1988
All banks come under the Shops Act of 1988. You are covered under this act. As per Section 48, an appeal shall be filed before the respected Assistant Commissioner of Labour within 30 days of receiving the termination order. After numbering the case, the verdict must be delivered by the ACL within 90 days.
From United States,
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All banks come under the Shops Act of 1988. You are covered under this act. As per Section 48, an appeal shall be filed before the respected Assistant Commissioner of Labour within 30 days of receiving the termination order. After numbering the case, the verdict must be delivered by the ACL within 90 days.
From United States,
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Bank Termination Without Reason: Understanding Your Rights
How can the bank do that? Even if there is any reason, a memo or charge sheet, etc., has to be gone through as per the disciplinary procedure applicable to all banks. This procedure is signed between the management of the Indian Banks Association and the Workmen and Officer Union umbrella association of 9 Unions who sign the Bipartite agreement, which is applicable to all banks.
I fail to understand how the bank can terminate you without assigning reasons and proving their allegations. How can they do that unless major misconduct is proved, leading to dismissal or termination as per rules under the Bipartite agreement? You have every right to go to court, but first, meet up with Union leaders of your bank and take up the matter with them. There is nothing to fear; the bank will have to retrace their steps unless I fail to read something between the lines. All the best.
From India, Delhi
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How can the bank do that? Even if there is any reason, a memo or charge sheet, etc., has to be gone through as per the disciplinary procedure applicable to all banks. This procedure is signed between the management of the Indian Banks Association and the Workmen and Officer Union umbrella association of 9 Unions who sign the Bipartite agreement, which is applicable to all banks.
I fail to understand how the bank can terminate you without assigning reasons and proving their allegations. How can they do that unless major misconduct is proved, leading to dismissal or termination as per rules under the Bipartite agreement? You have every right to go to court, but first, meet up with Union leaders of your bank and take up the matter with them. There is nothing to fear; the bank will have to retrace their steps unless I fail to read something between the lines. All the best.
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf