1) litigation is long drawn and expensive proposition
2)if you have remained absence unauthorisedly bank can terminate your services
3)however you should be granted personal hearing
4) file application before CAT against your wrongful termination
Termination from bank po job in probation period
Sir, I had joined Bank of Baroda a PSB on 20/06/2016 but due to medical ground of my child I was absent from duties from 08/07/207 and I have well intimated Bank of my absence due to above issue as well as thereafter I was not able to join bank due to my financial condition since my immediate family (wife and two children )were living in Delhi in rented accommodation and one of my child was got admitted in school and I was not able to afford expenses both at Delhi and my place of posting-Bikaner, Rajasthan. I got first letter from bank on 19/08/2016 for my un-authorized absence and few more letters after that and during this period I have maintained communication with the bank with reason of absence and have requested bank to transfer me to Delhi or nearby place in order to continue my service. But bank has terminated my services on 27/01/2017 without giving me any opportunity to represent my case physically and without instituting any disciplinary committee. Also note I had signed Employment bond of INR 300000 to serve bank for three years in case I leave early i will have to pay the bond amount but not when bank terminates me. Also co firm if bond is valid under Indian contract act, 1872 Whether bank did a mistake in applying Employment bond as a condition before completing joining formalities. Also note I my probation period was for one year. Please advise how I can get myself re-instated and what options are available with me, i.e. court case, any other way which can cost me less/nothing. Pls guide.
Asked 8 years ago in Labour
11 answers received from multiple lawyers
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11 Answers
Since your termination order has been passed behind your back, without giving you an opportunity of hearing, the same is bad.
You must file a writ petition in the High Court having jurisdiction in the matter and challenge your termination. As an interim measure, seek your forthwith reinstatement.
You have no option but to move to the Court.
.
1. Since they have terminated without any show cause then it cannot force you to pay the Bond amount.
2.So forget the validity of employment agreement.You have not left the bank.It is bank which had terminated your emoloyment.In that event you are absolved to comply with the penal cause of the agreement.
3.To be on the safer side challenge your termination in CAT.
Respected sir...
you can easily get your job as well as you can also claim bak for the mental tourture given by the becouse you have a vaild resson for not going to the job as it is your fundamental right and duty to protect your child from any consiquences ... sir you just have to file a petion in the court stating all the facts and file the same in the court i am sure that court will surely help you in all these things ...but firstly send a legal notice to bank stating that to join you within a said time period mention by you else you will file a civil suit aginst the said bank ...
Thanku
Sirs, I had appealed against my termination on 06/02/2017 which is within 15 days of receipt of termination letter and my Termination Letter Head heading was- Your unsatisfactory performance during Probation Period. I have again sent reminder for Appeal on 02/08/2017 Should I send Legal Notice to Bank and then approach CAT, pls also note my current address in bank's record is Delhi and Permanent address is in Haryana but place of posting was Bikaner, Rajasthan, so can I file case with CAT, DELHI and can fight my case without hiring any lawyer.
Asked 8 years ago
Respected sir...
You have to send them Legal notice first than you have all three option left where do you want to file that suit because all the 3 juriscdiction are valid as per law ... hiring a lawyer would be much better for you as you also be assited by the ADA appointed by the state ...So no need of wry ...In last I just want to say ..Bhai hum Haryana vale bhi ase krenge to kese kam chlega tere pass sabkuch h unko unki nani yad aa jyegi legal notice deke krde suit file ...
Ram Ram
Yes, since they've been sitting over your appeal, you've the option of approaching CAT/High Court.
If you can demonstrate that the cause of action arose in Delhi, this case can be filed in Delhi. Accordingly, you'll have to make Delhi office/zone a party in this petition through the concerned official.
1) it is better you engage Lawyer to file application before CAT in Rajasthan
yes you should send a legal notice and then subsequently file a case against them.
Yes you an appear in person before CAT.
Regards
You have absented yourself without any valid reason and continued to remain absent despite receiving many communications from bank to report to duty.
This is a serious negligence on your part for which there need not be a disciplinary action or inquiry to be conducted.
The bank authorities have legally terminated your services for absconding or desertion.
Your approach to court with a writ petition for reinstatement may not be maintainable since you have abstained from duty voluntarily without any valid reason or permission for absence or leave.
You cannot take law into our hand.
Your application for transfer cannot be an excuse for not attending your duty.
You may consult a service law practicing advocate in the local for further action in this regard.
Public sector banks do not come under the purview o CAT for redressing the employees grievances
The next alternative after exhausting the remedy within the department is to approach high court with a writ petition.
You first send a legal notice through lawyer. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice.
A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them.
This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.
And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law.
Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.
After sending legal notice you can file a case in Central Administrative Tribunal(CAT).
At last i just want to say that human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.
Don't give up. You will surely get justice.
GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
