• Illegal terminati

I was working with a private sector bank in Patna . few months back , bank suspended me on ground of some investigation to be made  ( no specific case was told ) . After 4 months bank issued termination letter without any information  or investigation or inquiry . 
No reason assigned in the termination letter as well . In letter one clause is referred , which too is not appearing in appointment letter .

I was in managerial capacity . 
Please let me know the remedial measure available to me .
Asked 2 years ago in Labour from Patna, Bihar
it is necessary to peruse terms of your appointment letter 

2)   The ID Act protects only those employees who are categorized as ‘workmen’. A ‘workman’, as per the statute, is any person employed in an industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward.. The definition however excludes an employee employed in the managerial or administrative capacity; or in a supervisory capacity drawing wages exceeding INR 10,000  per month 

3) you have not been in continuous service for period of one year . in case you had completed one year of service you could have  bee retrenched only if you  had been given at least one month's notice in writing indicating the reasons for retrenchment, or payment of wages in lieu thereof. In addition, the workman is entitled to receiving retrenchment compensation (severance) equivalent to 15 days' average pay for every completed year of continuous service 

4) you would be entitled to compensation for wrong ful termination , arrears of salary, salary due for the period of notice and interest and costs,	
Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

The termination seems to be bad and without any legal basis.
Though it is private bank, you can challenge the same in the high court under writ jurisdiction.
In absence of further details I can not advice more on this.
Devajyoti Barman
Advocate, Kolkata
12804 Answers
165 Consultations

5.0 on 5.0

1) there is generally a clause in appointment letter that during your tenure of services, your employment will be subject to termination on 30 days notice or salary in lieu thereof.

2) you  can issue legal notice to bank that your services have been terminated contrary to terms of your appointment letter 

2) that no reasons have been mentioned for your termination 

3) that you have not been paid one month salary on termination 

4) if company fails to pay you salary for the notice period you can move court to recover your dues with interest and litigation costs 

Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

The termination seems to be illegal as the employee has to be issued a notice to enable him to answer the allegations made against him. To issue termination letter in such an arbitrary manner is a direct attack on the principles of natural justice. You can challenge the termination in the civil court through a suit for declaration and also seek compensation. The court can reinstate you with retrospective effect. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

The private sector bank  or any employer cannot terminate any employee without a valid reason or ground.

You would have already initiate some action protesting this decision by your employer, if so what was the action initiated by you against your employer?

Did you send a legal notice stating that their termination action is illegal and necessary legal action shall be initiated agaisnt them if they dont re-instate you immediately?

After that you should have move to high court with a  writ petition for reinstating your services if you have not approached labour court for relief.

You can consult a labor law practicing lawyer in the local and initiate further action as per his advise
T Kalaiselvan
Advocate, Vellore
35601 Answers
385 Consultations

5.0 on 5.0

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