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please give legal advice

Page no : 2

chandrasekkar c k (advocate)     01 October 2010

consequences of non implementation will be serious. therefore file a writ in the High Court against the Award and therafter negotiate, if you want to settle or litgate if you want to vindicate your stand

AJMAL (Retd Commander)     10 February 2011

 

The ICICI Bank in the recent past, had employed a number of Ex Armed Forces Officers to take care of it's surmounting Delinquency through NPA accounts. The Bank in it's process of funding, had not ascertained credibility of Assets and therefore when , Customers became skeptical about it's funding,  to protect it's brand, it brought in Ex Armed forces Officers to save it's image.

Officers were appointed in managerial levels across various segments.

Self was appointed as Zonal Mgr to take care of it's commodity based finance. The port folio surpassed 100 crores in South, and amount to be recovered was approx 90 crores. The bank had severly defaulted in ascertaining credit worthiness of the Customers and had, given away Public Money, worth Crores.

Repeatedly, in many Forums, the undersigned had conveyed concern about credit worthiness and that Ms Chanda Kochhar, had Aptly taken Cognisance and esatablished the 4 C’s for the bank. These were Credit Worthiness, Capital Adequecy, CASA and Credit Quality.However the bank closed this business, and subsequently, when the Bank realized that,it was getting Top Heavy, the bank shifted me to take care of the Legal Operations For South India.

 I was Appointed as Zonal Legal Manager for south. I kept repeatedly telling the bank that Legal Operations needed People with Legal Expertise and as Zonal Legal Manger, imperative that the Person Heading have requisite Legal Qualifications and expertise. Also the Bank at no point of time Trained or had any  legal processes relating to what needed to be done and how Cases needed to be dealt with. 

Though, by numbers, the south Zone Did extremely well, my abject submission to the bank, to have legal professionals in positional authorities turned a deaf ear, and on 24 May 2010, I was called to Mumbai,and forced to resign. When, I refused to resign, my services were Terminated.

In my appointment letter, an employee can be terminated only if he has Falsified Documents,has created Fraud or has breached a contract. In my submission made to the MD and CEO, Mrs Chanda Kochhar, I have specifically intimated that, there being none, the termination is invalid and non-justifiable. I have also requested for reinstating me.

The bank remains mute.

I need legal remedy please.

Request Guide

Kirti Kar Tripathi (lawyer)     11 February 2011

you are liable to comply the award. being successor company, you are liable to enforce award. you can not escape. even you file writ petition ,i would be helpfull. my advise to pursuate the employee and enter into amicable settlement. this is only way to det rid of.

radha krishna (vp-hr)     11 February 2011

As you are mentioning that the US Company tookover the company, all assets/liabilities also falls on the head of US Company.

Refusing the honour LC decision will be contempt fo court.

As per you since reinstatement is not an issue, better you reinstate them. With regard to Backwages file an appeal in HC. But HC accepts appeal only when you deposit backwages or sometimes orders you to pay 50% of Back wages to the employees.

Alternatively as suggested, reinstate and negotiate with the employees for avoiding payment of backwages.

Sudhir Kumar, Advocate (Advocate)     20 November 2011

You are not replying to the experts when they ask whether new company is formed or only management has changed. You reply to them and get the advise. None will give you correct advise out of air. you ar echeating yourself.  Please also remember that foreign nationality of new management has nothing to do.  In case any criminal case is filed under any labout law, then it is the official available in India who may have to spend some days in a barack with pickpockets and bootlegger wihtout AC.


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