Termination of job from private bank

Vinesh K Chhaya (Querist) 09 August 2014 This query is : Resolved
My client served in ICICI bank as Asst. Manager since last 3 yrs. he completed his probation and got promoted...he achieved appreciations from bank for his work efficiency...due to prejudice from his seniors he terminated with averment of getting commission from customer..without evidence...which court has jurisdication when the bank like ICICI, HDFC etc are private bank?
Industrial Dispute Act can't be applicable in this case so confusion is civil court has jurisdication or directly highcourt will decide or other jurisdication available?

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Guest (Expert) 09 August 2014
HC only. Labour court has no jurisdiction in the case of executives class of employees.

Kumar Doab (Expert) 09 August 2014
The civil suite in civil court can be filed. Your lawyer may opine that reinstatement is prerogative of the court and until or unless court finds merits it may not pass order of reinstatement.

M/s ICICI bank shall surely take the plea that the relationship is of Master-Servant and contract of personal service can not be enforced in court of law and point to Specific Relief Act. M/s ICICI bank shall surely agitate on the issue of jurisdictional courts as stated in appointment letter accepted by employee. If civil court returns the plaint the employee shall have to approach HC to set the jurisdiction.

If the Bank did not conduct Enquiry and provide opportunity of Natural Justice the employee may have merits.

Your lawyer may opine that the employee may approach HC.

P. Venu (Expert) 10 August 2014
It is better if the matter is taken up with the civil court.

prabhakar singh (Expert) 10 August 2014
THE ORIGINAL JURISDICTION OF HIGH COURT CAN NOT BE INVOKED IN MATTERS OF PRIVATE EMPLOYERS.

AGREE WITH MR.Kumar Doab

Sudhir Kumar, Advocate (Expert) 16 August 2014
agreed with M

Advocate. Arunagiri (Expert) 16 August 2014
Are you part of the marketing team?
If you have the Administrative Powers?

If you dont have the administrative powers, you can approach the labour commissioner and lodge a complaint under ID Act.

Advocate. Arunagiri (Expert) 16 August 2014
Only if the Bank is controlled by the Govt, you can approach the High Court.

But, ICICI Bank is not controlled by Govt.

Even the share holding of the Govt in ICICI bank is very less.

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