• Nationalized Bank (India) Post Retirement Auditor Position

Hi Team,

Situation:
I retired from a Nationalized Bank in India. After retirement our bank offers a employment program such that we can rejoin the bank as Auditor so I applied for this position, received offer and joined back after 1 year of waiting period when a seat was vacant in my city. Now this position is going to be closed by my bank in my current branch however another bank branch in my city has similar position for retired officials to join. So I was under assumption that I will be shifted to the other branch as I still have 1.5 years of remaining employment period as per Bank offer letter.

 However I received a call from my Zonal office saying that I should vacate after June and also I came to know that for the position in other branch where I was planning to go is being offered to a freshly retired bank official who is coming from Delhi and I am told that he has a lot of approach/contacts with higher bank officials so he is given preference over me even though he has freshly retired. I am being neglected as well as being removed and he is being offered the position in other branch.

As I waited for around 1 year for this position and I still have 1.5 years of employment remaining as per offer letter I want to continue doing work in the other branch as Auditor even if Auditor position is closing in my current branch. My performance has been good so far.

What are my options ? The other person coming using jack (having good contacts in higher ups) is going to join in July 1st week. Is there any way I can save my employment with this Nationalized bank I retired from ?

Note: On the offer letter from Bank it does mention that there is 1 month written notice period if Bank wants to remove me from this position.
Asked 4 years ago in Labour

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8 Answers

hello,

they offered you the position and were working but now they want you to leave the office as someone else with a high approach is coming. you can challenge this appointment on grounds of an illegal removal. the reason for removing you in order to accommodate him has to be stated by the authorities. also, has the 1 month notice period complied with by the bank? if not then this is also a ground for challenge.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Bank can terminate your services by giving one month notice period

2) you cannot take the plea that because you have more than one more year of employment remaining you should be offered position in other branch

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. Are there any rules framed by your bank with respect to the appointment as an auditor post-retirement? What does the removal clause say in the letter of appointment issued to you before you rejoined as an auditor?

2. If the duration of your employment has been specified in the contract then your services cannot ordinarily be terminated before the expiry of the duration mentioned. You are free to challenge the termination in the High Court through a writ petition.

3. Consult a lawyer with a copy of the appointment letter.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1) Actually the you have to talk with head office and in that head of the department of HR.

2) Try to elaborate all your points in ascending date wise along with whom you had a word of talk etc.

3) Because legally you can't fight against bank for all these issues. As bank has all rights reserved.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

You must approach the HC by means of a writ under article 226 of the Constitution. The writ will be filed in the nature of mandamus thereupon getting a direction for the bank that you be considered for the post.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. have you officially received the written notice from the bank removing you from the proposed position which was offered to you?

2. if not then it means that the offer is still subsisting

3. let the bank intimate you in writing about your termination and employment of other person

4. you will then have to complain to the higher officer about this irregularity

5. if no response is received then you can file a Writ Petition in High Court as the bank is a government bank

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

You can send legal notice to bank and then file labour court case and seek injunction on his appointment.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

1. Your step will depend on what conditions have been mentioned in the agreement you have signed or the engagement letter the bank had issued to you post retirement.

2. May be that it is not an employment but contractual engagement on specific terms for which no notice for disengagement is given by the Bank.

3. If after perusing the engagement/appointment letter, you find some clause specifying that you shall be engaged for a period of 3 years, then you can file a Writ Petition before the High Court praying for a direction upon the Bank to continue your engagement/appointment with them in another branch.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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