I was working in XYZ Bank (Private Bank) as Branch Manager in Islamabad, Pakistan, last year. My job was terminated without any customer complaints, with an allegation that I received an amount of 3 million cash outside the bank from TAMEER MICROFINANCE BANK Manager and issued a Memorandum/bank slip.
So, I informed the bankers that the same could be verified easily from the said Bank's Branch Manager. However, the management completely neglected my reply prima facie and did not consider it. Furthermore, the Bank management conducted a domestic inquiry against me on 25-07-2014, and the inquiry officer's report sent to higher management was against me. Based on this report, the management issued me a Letter of Termination on 06-08-2014. I then approached the NIRC court the next day following all procedures. To date, XYZ Bank does not have any solid proof against me. However, in the last week, the NIRC court rejected some bank manager cases, stating that the manager is not a worker/workman. Therefore, I request all members to advise me on the further course of action so that I can be reinstated with retrospective effect.
From Pakistan, Islamabad
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So, I informed the bankers that the same could be verified easily from the said Bank's Branch Manager. However, the management completely neglected my reply prima facie and did not consider it. Furthermore, the Bank management conducted a domestic inquiry against me on 25-07-2014, and the inquiry officer's report sent to higher management was against me. Based on this report, the management issued me a Letter of Termination on 06-08-2014. I then approached the NIRC court the next day following all procedures. To date, XYZ Bank does not have any solid proof against me. However, in the last week, the NIRC court rejected some bank manager cases, stating that the manager is not a worker/workman. Therefore, I request all members to advise me on the further course of action so that I can be reinstated with retrospective effect.
From Pakistan, Islamabad
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For your information even a pilot is an workman as per court judgement. In your case, you need to consult a good labour lawyer of your area to present your case before the court.
From India, New Delhi
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425From India, New Delhi
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Understanding Your Employment Status and Legal Options
UBL Bank is a private bank. If you intend to challenge your termination before the NIRC constituted under the Industrial Relations Act, 2012 (Pakistan), you must consider whether you are covered within the definition of "worker" or "workman" as defined under section 2(xxxiii) of the Act. This definition excludes any person employed mainly in a managerial or administrative capacity. Prima facie, your designation suggests that you were engaged in a managerial capacity.
In the case of Central Bank of India v Asstt Labour Commissioner (2000) 1 LLJ 167, the Allahabad High Court also observed that a Bank Branch Manager is not a workman. You can compare your nature of duties with those stated in the case, and if they align, the NIRC will not have jurisdiction. However, you may file a suit for a declaration in civil court to declare the termination as illegal and for an award of damages, subject to the prevailing law of the land.
You may consult a labor or civil lawyer for appropriate remedies as per local laws.
Thanks
From India, New Delhi
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UBL Bank is a private bank. If you intend to challenge your termination before the NIRC constituted under the Industrial Relations Act, 2012 (Pakistan), you must consider whether you are covered within the definition of "worker" or "workman" as defined under section 2(xxxiii) of the Act. This definition excludes any person employed mainly in a managerial or administrative capacity. Prima facie, your designation suggests that you were engaged in a managerial capacity.
In the case of Central Bank of India v Asstt Labour Commissioner (2000) 1 LLJ 167, the Allahabad High Court also observed that a Bank Branch Manager is not a workman. You can compare your nature of duties with those stated in the case, and if they align, the NIRC will not have jurisdiction. However, you may file a suit for a declaration in civil court to declare the termination as illegal and for an award of damages, subject to the prevailing law of the land.
You may consult a labor or civil lawyer for appropriate remedies as per local laws.
Thanks
From India, New Delhi
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I am mailing this thread to an expert in legal practices. Am keen to understand how can this be resolved!
From India, Mumbai
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From India, Mumbai
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Clarification Needed on Original Post
The original post was incomplete. For example, it does not state which country the person is in or what type of bank he is working for. Since most of the members of the forum are from India, in the absence of specific information, they will assume it is an Indian case. I do not think there are enough members here from Pakistan to provide the kind of support that Indian HR professionals get from the site.
For some generic HR procedures, the country does not matter. However, for anything that has a legal implication, knowing the laws that apply is critical. Foreigners can rely on citehr when there are enough locals from their country contributing to the forum.
Regards
From India, Mumbai
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The original post was incomplete. For example, it does not state which country the person is in or what type of bank he is working for. Since most of the members of the forum are from India, in the absence of specific information, they will assume it is an Indian case. I do not think there are enough members here from Pakistan to provide the kind of support that Indian HR professionals get from the site.
For some generic HR procedures, the country does not matter. However, for anything that has a legal implication, knowing the laws that apply is critical. Foreigners can rely on citehr when there are enough locals from their country contributing to the forum.
Regards
From India, Mumbai
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Knowledge has all-pervasive characteristics. From the facts, it is evident that the queriest worked in a bank. The very fact that he is trying to invoke the jurisdiction of NIRC shows that he belongs to Pakistan. The NIRC is constituted under the Industrial Relations Act 2012 (Pakistan), which is available on the internet. Thus, on close examination, at least the forum where he can approach can be identified. One cannot comment on merits.
From India, New Delhi
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From India, New Delhi
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Depending upon the issue involved the onus of proof lies upon the plaintiff also and it shifts according to evidence led in. In DA cases and alibi pleas onus is put on accused to explain and prove.
From India, New Delhi
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From India, New Delhi
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In this case, the allegation is that he received the money from another bank with which he had no relationship. It is not a DA case. Let us wait for an expert to give their opinion on this issue.
From India, Kumbakonam
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From India, Kumbakonam
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Onus of Proof in Termination Cases
The position of the DA case was mentioned in regard to the previous general statement of the onus of proof in criminal cases. The issue is mainly the termination of queries service on whatever grounds. In our country, the onus of proof should be governed by the following law:
Relevant Case Law
The Bombay High Court in Mukund Staff And Officers vs. Mukund Ltd. in 2007 held as follows: "16. Therefore, prima facie the burden lies upon the workmen to establish its claim as specific disputes have been raised against the order of termination and claimed reinstatement of full back wages and continuity of service."
From India, New Delhi
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The position of the DA case was mentioned in regard to the previous general statement of the onus of proof in criminal cases. The issue is mainly the termination of queries service on whatever grounds. In our country, the onus of proof should be governed by the following law:
Relevant Case Law
The Bombay High Court in Mukund Staff And Officers vs. Mukund Ltd. in 2007 held as follows: "16. Therefore, prima facie the burden lies upon the workmen to establish its claim as specific disputes have been raised against the order of termination and claimed reinstatement of full back wages and continuity of service."
From India, New Delhi
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