Service matters
RAJESH CHOPRA
(Querist) 07 December 2018
This query is : Resolved
Dear Sir’s
I was working at a senior position in a Pvt Bank and my services were terminated in June 2018 to which I filed an appeal to my MD in Aug 2018. Having kept the appeal pending and informing me via HR vide various communications that appeal is under consideration. In one of the last communication in Nov end wherein they informed me that appellate authority has gone thru the appeal and the decision is reserved and shall be informed to by a particular date.
Finally I got a reply on 4th Dec that appeal in not maintainable for want of jurisdiction of the appellate authority and hence being returned.
Kindly advise what really it means and how to proceed further legally.
Thanks
Isaac Gabriel
(Expert) 07 December 2018
Submit the appel to the Labourto the jurisdictional Department
KISHAN DUTT KALASKAR
(Expert) 07 December 2018
Dear Sir,
It appears your appeal is dismissed for want of jurisdiction so you may try for filing appeal before the authority having jurisdiction so that you can get proper adjudication of the matter.
Please mark “LIKE” if satisfied by my answer.
Kumar Doab
(Expert) 07 December 2018
You may ask the counsel at LCI in threads initiated by you/outside LCI that advised you on jurisdiction.
Ask to justify the FEE collected from you, if any.
Sudhir Kumar, Advocate
(Expert) 08 December 2018
You have already filed appeal to the highest authority. Now you shoul d mopve appropriate court.
Dr J C Vashista
(Expert) 08 December 2018
Consult and engage a local prudent lawyer practicing service matters and move to concerned High Court assailing both the communications received by you.
RAJESH CHOPRA
(Querist) 09 December 2018
Sir's My question is that once an appeal has been filed to the highest authority i.e MD which as per the Bank service regulations is the appellate authority or his nominee . Was it not the responsibility of the MD's team to put across the proper authority having jurisdiction in case he is not ? The return of appeal means that in the whole organisation there is no appellate authority having jurisdiction on termination matters ? How is that possible ? Is it not denial of natural justice ?
Sudhir Kumar, Advocate
(Expert) 10 December 2018
You have done your job and got no relief. Now doors of court are open for you.
RAJESH CHOPRA
(Querist) 10 December 2018
Sir , Many Thanks for your reply. At which place can move court . I am resident of NOIDA and my workplace was Meerut . Termination orders were served to me at my address in Noida. The Head Office of the organisation is in Mumbai and my Regional Office is also in Noida though my immediate superior sits in Lucknow. My appointment happened in Delhi and I would prefer Delhi as well.
Sudhir Kumar, Advocate
(Expert) 10 December 2018
In High Court (if not coverable by Labour Court) in whose jurisdiction either of the place falls.
