• Dismissal order from SBI, Ramtirth, Amravati, Maharashtra

My father was bank manager at State bank of India Ramtirth,Dist Amravati,Maharashtra.
He appointed on1979. In 2005 sbi conducted inquiry on him about fraud of loan funds to customers.2007 bank suspended him and dismissed him from service.bank filed fir in district court against him.In 2013,court decision came that he was not guilty.from that time,we r requesting bank to rejoin him bt bank didn't.now he is 64 years old so we are requesting for provident fund,pension and the remaining days salary but bank denying it...The whole life messed up.In these days he didn't do any job or any income from any other source.due to this our next generation is also affected.kindly guide us where to go.adv are suggesting different courts....some are asking to go for MAT court ,some are asking to go to CAT court,some are asking to go to labour court Thane,some are asking to go to high court ,some lawyer told me to complaint in RBI against SBI.Kindly suggest me where to go in such situation.
Asked 2 months ago in Criminal Law from NAVI MUMBAI, Maharashtra
Religion: Hindu

1. Instead of approaching the Lower Courts (which is going to be time consuming and expensive), it is best to file a WP in the HC, with all supporting documents and earlier Court orders and claim Wages for the dismissed /terminated periods alongwith all service benefits, damages & compensations.

2. IF matter is represented properly with all relevant documents, THEN HC would direct Bank to provide for the necessary reliefs sought by you.  IF you google properly, you will find precedent judgments which is similar to your case.

Hemant Agarwal
Advocate, Mumbai
4364 Answers
23 Consultations

5.0 on 5.0

File complaint against st bank before human rights commission for failure to release provide t fund and other dues 

 

2) also file application before CAT against bank refusal to clear provident fund and other dues 

Ajay Sethi
Advocate, Mumbai
74617 Answers
4462 Consultations

5.0 on 5.0

1) Your father must file a petition before the labour court in the district where he was employed, as this is essentially a matter of victimization of a workman/salaried person and not merely an administrative anamoly matter, for which administrative tribunals would have been the appropriate forum. 

2) As your father was employed with public sector bank (SBI), serving appropriate legal notices to the bank, RBI, finance ministry etc becomes mandatory u/s 80 of CPC. 

3) Obviously your father requires expert and deligent legal assistance, as his labour dispute isn't with a private entity, but public sector enterprise. I'm willing to extend my assistance by being his counsel (advocate) and using all myb experience in seeing to it that he gets appropriate redressal. I'm based in Mumbai/Navi Mumbai but have handled cases across various high courts and lower courts in various districts of India; and have also appeared before the Supreme Court. 

4) However, prior to litigation, Irequire an exhaustive consultation session with your father. As stated in 3), I'm based in Mumbai/Navi Mumbai just as you are; so it should not be an issue for you to get your father along to visit me for the exhaustive consultation. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1280 Answers
4 Consultations

4.4 on 5.0

File a writ petition in high court seeking directions to pay all retirement dues. 

Before that your father can lodge a complaint before the EPFO office and Gratuity authorities for payment of all dues. 

Labour court CAT SAT RBI do not have jurisdiction over the issue. 

 

Kallol Majumdar
Advocate, Kolkata
2554 Answers
4 Consultations

5.0 on 5.0

Since RBI is final authority, you need to lodge complaint with RBI by submitting all the relevant documents / court orders and seek direction from RBI to SBI.

Further, you can lodge complaint with State & National Human Rights Commission with regard to your case.

In case, if your above attempts fail to give respite, you file writ petition in High Court seeking directions against Bank.

S Srinivasa Prasad
Advocate, Hyderabad
1946 Answers
7 Consultations

5.0 on 5.0

You can file a writ petition seeking reinstatement,  arrears of salary,  pf dues, other retirement benefits,  before high court directly. 

The other sources may not be effective. 

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

If it's a central govt undertaking then can go before CAT or if state govt he can approach MAT

Prashant Nayak
Advocate, Mumbai
18700 Answers
34 Consultations

4.6 on 5.0

1. Mere acquittal in the criminal case does not ipso facto entitle the employee to reinstatement in service. This is settled law.

2. The judgment of acquittal has to be perused threadbare to see if it can be of any benefit to your father.

3. Your father is entitled to be paid the salary for the duration of his employment, but if any loss was caused due to the acts of your father to the bank then bank can set off the salary against the loss so caused.

4. Consult a lawyer with a copy of the FIR and judgment of acquittal.

Ashish Davessar
Advocate, Jaipur
28730 Answers
836 Consultations

5.0 on 5.0

Hi,

It is suggested to go procedure wise and be fast. First send a legal notice to SBI giving all the details and ask the dues. If dues are not cleared by bank within prescribed time of 15 days, file case in CAT or writ in high court. 

Ganesh Singh
Advocate, NEW DELHI
4463 Answers
9 Consultations

4.5 on 5.0

What are you doing since 2013 ? You are late and not legal system.

File writ within a day in High Court for release of retirement benefits - PF,Pension, gratuity etc with interest. No work no payment so he will not get salary but for his retirement benefits calculatiin will be regular even for years he not worked after acquittal.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
18583 Answers
22 Consultations

4.6 on 5.0

1. Represent to the ombudsman of the SBI of the competent jurisdiction.

2. File a writ in the High Court of Mumbai to intervene in the matter and to order/direct the SBI to payback the arrears of pay/back wages, PF, Pension and consequential benefits to your father, in view of District Court vindicating him in the case against him.

Shashidhar S. Sastry
Advocate, Bangalore
2637 Answers
161 Consultations

5.0 on 5.0

1. The Best way it to file writ petition before High court for claiming Salary along with other benefits.

2. If there is dedicated Tribunal for service matter in your state then you should approach the tribunal instead of High Court. Approaching RBI will be of no use in this case. 

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

File a petition before the Central Administrative Tribunal narrating entire history of your father false criminal case.

Mohammed Mujeeb
Advocate, Hyderabad
15611 Answers
7 Consultations

4.5 on 5.0

Hello,

  1. If you have not issued a legal notice to SBI so far, you must get one issued describing the circumstances and demanding the dues payable to your father whose dismissal from service was caused due to an alleged offence from which he was exonerated by the court. He must be paid back wages and the entire arrears besides the PF, gratuity and other retirement benefits.
  2. If the bank fails to pay, your father must file a suit for recovery of the amounts due to him from the bank with interest. The case can be filed in the Civil Court having jurisdiction

S J Mathew
Advocate, Mumbai
2683 Answers
110 Consultations

5.0 on 5.0

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