• Violation of labour law

Dear Sir, 
myself Mahesh working as Deputy manager in SBI presently worikng in Punyahstala branch, channagiri tq. one of loan accounts which i was handling became default. now bank has put a "HOLD" on my salary account on 03.04.2017 (means nor i can withdraw or do online transactions) without prior notice to me. Although i am working for the bank i am not enjoying my salary amount because of hold. 1) now i am running out of money
 2) my financial credentials have become nil 
3) i am mentally, physically and financially abused 
4) can i seek financial compensation from the bank.
Asked 8 years ago in Criminal Law
Religion: Hindu

2 answers received in 1 hour.

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4 Answers

make representation to management that you dont have any funds for subsistence to release your salry dues

2) you cnnaot be blamed if borrower defaults in making payment

3) file petition before CAT against the bank to seek release of your salary

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi

1) State bank is not authorised to withhold your salary unless and until there is an enquiry pending against you.

2) Also that you cannot be liable if a loan account becomes NPA.

3) Also that even if an employee is under suspension, he is entitled to his basic pay.

4) More so in your case, when there is no enquiry or any order from either the enquiry committee or the authority(no less than a General manager), SBI cannot withhold your salaries.

5) SBI has no authority whatsoever to freeze your bank account, only courts are empowered to freeze bank accounts.

The Options available to you are

1) You can approach the General Manager, Human Resources to get your grievance addressed OR

2) Alternatively You can approach the labour department and get your grievance addressed

3) If both of the above do not work, then You can approach the High court under Article 226 of indian constitution and file a claim against the bank and get your grievance addressed.

You are entitled to claim your pending salaries and also claim compensation for mental stress and losses suffered by you by moving the appropriate civil court.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Immediately file a complaint against bank before labour commissioner and claim your salary along with the compensation

It is your right as if you are penalised by the department then first of all they should give you an opportunity to hearing and without this all the acts of bank against you are illegal.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Nobody can work without salary.

As a matter of fact even the suspended employee is entitled to half salary for six months pending domestic or departmental inquiry.

You have not stated that if the bank has initiated any action against you or how did they put a hold on your salary and you are still allowed to work?

If the authorities have stopped your salary without any order or legal action, you are entitled to all the benefits including compensation for the mental depression and agony you suffered due to wrong and unjustified action of an officer above you or by the banking authority.

You may consult a local advocate and issue a legal notice or initiate proper legal action as per the advise of a service law practicing advocate.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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