Sirs, I was working in Bank of Baroda as an Officer-I and below are the details of my case and i want fo file case in Rajasthan High Court's Jaipur Bench. 1 I had joined the Bank of Baroda as an Officer-1 on 20/06/2016 and i did complete my documentation formalities at Bank of Baroda's Regional Training Academy at Rajendra Place, New Delhi. 2 I had gone through training at above academy from 20/06/2016 to 02/07/2016 3 i had reported at my allotted branch at Bikaner on 03/07/2017 but was sent to another branch in Bikaner and i had reported there till 07/07/2017. 4 Due to health issues of minor son, I was forced to attend my son and had informed the Bank's HR team through email and phone about the health issues of my son and reason for my absence due to this. 5 My immediate family, My wife and two sons were residing in Delhi since i was working in private sector in Delhi before joining bank. 6 i had given two separate address details to Bank of Baroda at the time of joining, First one as permanent address details of Haryana state , Where my parents lives and communication address details of Delhi, where i live with my immediate family. 7 Due to my sons health reason i had requested bank to change my place of posting to Delhi and same was rejected by them. 8 in order to look after my son, i was continuously absent from my duties. 9 For my second phase of training which was to be held at training academy at Rajendra Place, Delhi in the month of August,2016, i have emailed and made phone call to Bank's HR to give me the required letter or documents in order to join the training there but same was heeded by Bank's HR department. 10 Due to my absence from duties bank had sent me letters to join the bank's services immediately and i had replied all the bank's letter with reason and why i cannot join the bank at Bikaner and requested for the temporary transfer at Delhi since my elder son was admitted in School and his academic session was going on and was to be completed in the month of March,2017. 11 Bank had not accepted any of my request and had terminated my services on 22/01/2017. 12 Immediately after getting letter i had filed an appeal to Bank as per Bank of Baroda's Officer Services Regulations, 1979 and even had sent reminder for the same appeal to Bank but bank had never reverted to my appeal as well. 13 I had even sent Legal Notice to bank on 21/11/2017 when my appeal was not reverted to but Bank had not even reverted to my Legal Notice. 14 Please confirm what remedy is available for me and i want to file my case in Jaipur Bench of Rajasthan High Court and want to join the bank immediately.
If no reply was received to legal notice you should have filed writ petition in HC immediately
2) the 2 years delay in filing writ against your termination order has to be explained
3) rely upon correspondence with bank to explain as to why you were absent from duty
4) contact local lawyer for filing writ in HC in Jaipur
Whatever the reason but absent without notice is indiscipline and even on notice to rejoin , you not joined is serious. I dont think court will grant you immediate relief. Rest depends on service rules and termination related provision. Relief may possible only if service rules violated/due procedure for termination not followed.
Instead of High court you should file case initially in the labour court and make written complaint to Labour commissioner as well.
- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.
- Further , an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice.
- Further, as per the Industrial Disputes Act , any such employee who has been employed for greater than a year can only be terminated after permission is granted by a suitable government office. Additionally, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.
- Since, your reasons for absent was reasonable , and further you have already informed your inability to join the job in Jaipur, then you should be given proper time to clear your stand by the bank.
- You can approach your concerned Labour Officer/Commissioner with simply a letter detailing your problem.
- Otherwise, you will have to approach High court after filing a Writ Petition .
- It is advised that you should sent a legal notice to the higher official of Bank Of Baroda head office after narrating all the details, before filing any case against Bank , and if no response within 14 days of time , then file the same.
Good luck and dont forget to rating Positively.
Yes you can file the case in the high court. As you were absent for a very long time you son must be very ill. Therefore all the medical records must be annexed along with the writ petition.
Regards
1. You say that you had intimated the bank through email, but mere communication by the employee to the employer of having gone on leave does not imply that employer that has authorised the leave.
2. Since the leave was unauthorised the bank was right in terminating your services.
3. If you have filed the appeal to assail the termination then during the pendency of appeal you cannot challenge the termination in the High Court. The High Court can be moved only if your appeal is dismissed and termination is upheld.
4. You have a limited remedy before the High Court if the appellate authority does not decide the appeal. The HC can direct the appellate authority to decide the appeal in a time bound manner.
What were you doing all these two years even though you had sent the appeal long ago.
You should have filed a writ petition long ago seeking reinstatement.
Let the court decide that whether you are eligible or not for this reinstatement.
Even now you can file a writ petition in high court of Rajasthan.
You should file a writ petition against bank for illegal termination of services without giving proper opportunity of hearing and not reverting your appeal or legal notice
