Termination or asking to resign

Querist : Anonymous (Querist) 08 April 2018 This query is : Resolved
Dear Sir

I am working in a Pvt sector Bank for last 15 years. Few months back my management gave me a memo listing various parameters on which they told me that I am not performing and to improve
Once after giving me the memo they repeated continuously for 3 months saying that there is no improvement which I simply acknowledged receipt by signing .
these parameters are such that performance on these keep fluctuating as they are mostly dependent on various factors external factors like staff performing at other locations and some beyond my control
also these parameters are such that no one across the board is fully able to meet and for each person at my level they remain a challenge

I never replied to any of their memo as I thought that I would improve them and show results.
On many parameters I have improved when memo was initially given and I stand comparable to others doing similar job.
Now a final memo via mail was given which I have not acknowledged and I am thinking to reply listing my improvements
Now I also fear that my services may be terminated or I may be asked to go.

Do I have anticipatory protection under any law.
Can I challenge unjust termination after they terminate my services
What can I do at this stage
Is it necessary for me to reply to memo
what legal recourse do I have

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Ms.Usha Kapoor (Expert) 09 April 2018
Issue at once a legal notice to your Management marking a copy to HR listing all your improvement parameters and show them compared to others who perform similar work is on par with them and your work is very much improved.If they don't send a satisfactory reply or interested in terminating you if you are an officer cadre file a civil suit for declaration of righto your post listing all your grievances inducing your work parameters improvement and the Management's behavior smacks of arbitrary, Highhanded, unconstitutional, unfair labor practice, Victimization etc and seek stay of termination till final disposal of your case.

P. Venu (Expert) 09 April 2018
There cannot be any meaningful suggestion unless issues are examined threadbare, which is beyond the reach of this forum. Assessment of the management could be assailed only on grounds based on malice, irrationality, unreasonableness and/or illegality.

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