Very urgent: mental harassment by employer [bank in this case]. how to file case and compensation
Prafful Dixit
(Querist) 09 August 2015
This query is : Resolved
Hi
I am posting this query on behalf of my father. He is working for Bank of Baroda from past 35 years or even more. His retirement is due in 2 years.
He was transfered to Gujarat 6 years back after promotion for Rural tenure, which was supposed to be for 3 years. Now 6 years have gone but still they are not ready to send him back inspite of constant applications and requests.
Being alone at this age he is under deep mental stress and agony.
He himself has medical condition and even my mother is a heart patient. We are no longer in a situation to cope up this trauma and harassment being given to us.
People are being transfered constantly from gujarat to their home town back after their tenure completion. But only he is being harassed by the officials at senior positions.
Please advice me, how we can file a mental harassment case for the torture we are suffering till date and get justice by getting the deserved action and compensation.
VERY URGENT AND CRITICAL SITUATION. PLEASE HELP.
Sudhir Kumar, Advocate
(Expert) 10 August 2015
given facts do not indicate a strong actionable case against bank.
Guest
(Expert) 10 August 2015
So, you are bent upon to create some more serious unfreseen problems even in the retirement of your father that too when only two years are remaining in hir retirement.
Ask your father to take voluntary retirement, if provisions in service rules are there. Otherwise, only humble pursuit of his request to the authorities is likely to work.
Rajendra K Goyal
(Expert) 10 August 2015
Excellent advise from expert PS Dhingra ji, agree to it.
While accepting promotion, your father must have given the undertaking to be transferred at any branch / any where in India, the undertaking withdraws all rights to be transferred at a place of choice. The tenure to repatriate after some period / near the retirement may be understanding with the management subject to exigencies of services which blocks all claims of the employee to transfer / repatriation of the employee at place of choice.
Bank provide facility to take family at place of posting.
Only request can bring some results.
Kumar Doab
(Expert) 10 August 2015
You have posted that:
"People are being transfered constantly from gujarat to their home town back after their tenure completion.'
So as per you there is a tenure.
First of all understand the negotiated settlements and rules framed that should be available on the website for employees and even on unions website.
Then understand the options.
Then cite reference of precedences and transfers.
However remain gentle and amiable.
Most Imp. to understand is while others are being transferred why not your father!
Handling the bosses is a skill and any skill can be acquired.
Even if there is any space in the rules that provides claim on transfer, the approach should be gentle and persuasive.
Sudhir Kumar, Advocate
(Expert) 10 August 2015
35 years is 1/3 of a century. This much experience was not sufficient for your father to know that transfer not a right
T. Kalaiselvan, Advocate
(Expert) 16 August 2015
It is your father's problem, with his work and age experience he should be able to tackle the issue very perfectly and his own efforts will bring some respite to him. In the name of helping him, you will actually draw adverse inference and more problems to him. If at all he is not capable of pulling on for another two last years of service, he can very well opt for voluntary retirement because by now he should have achieved saturation or efficiency bar in his salary, so there wont be any dig difference in monetary benefits when compared o the expenses on health issues. Allow the elders to take their own decision, let your interference not affect his fag end of his service.
