I worked in a nationalised bank as Assistant Manager (JMGS I) The bank has given punishment of 'compulsory retirement' for which civil writ has been filed. Prior to compulsory retirement my services were not utilised for full 10 months whereas full salary was paid. I was not provided a chair to sit and table and computer to work. I had to keep on wandering about here & there thus I was subjected to harassment. Can I sue them in the court of law for deliberate harassment?
Asked in Civil Law from Jaipur, Rajasthan
Yes you can file a suit seeking compensation for mental and physical harassment by the bank authority which they did it intentionally for that period under which you were under their scanner.
As an employee you have the rights for a chair and table.
The harassment made by the bank by not providing you with a chair to sit and work in the office is agaisnt the labor law as well as contrary to the constitutional rights and also violation o human rights.
You can initiate necessary legal proceedings as per different provisions of law for compensation as well as reliefs under various law.
1. Yes you can sue the management for deliberately harassing you by isolating you and singling you out by not providing the basic amenities to be provided to an employee , like chair, table and computer to work.
2. Did the management follow the usual procedure of conducting Inquiry after giving you notice and sufficient opportunity to defend yourself before ordering the punishment of Compulsory Retirement ? Did you not appeal to the management against the order of Compulsory Retirement.
Wait for orders to be passed in your writ petition challenging order of your compulsory retirement
2) in case order of compulsory retirement is set aside seek compensation for harassment meted out to you
You have already filed a civil writ which is pending in the HC. During the pendency of the writ a suit for damages cannot be filed. Wait till the decision of the HC on your writ and then plan your further move.
Yes you can sue against them .But wait for the order in writ petition. Is there any inquiry proceedings initiated before giving punishment? Any way you can ask damages and compensation from the bank.
1. This is the usual practice followed by PSUs by which they do not entrust any job to the erring employee.
2. It will be impossible for you to prove that you were not even given a chair to sit. If you can conclusively prove the above charge of yours then you can raise this topic in your said W.P.
3. Not giving you any work can be reasoned by the Bank but you wre supposed to be given a chair to sit at your office.