Unfair termination & forced resignation by a pvt sector bank
Rajeev1978
(Querist) 27 October 2011
This query is : Resolved
Dear All,
One of my friends was working with a reputed MNC bank. After almost 2 years of service, the bank terminated him without any reason.He filed a writ petiotion in the High Court challenging the termination order and simultaneously also filed a case at the Labour Court.The ALC could not get his job back or provide compensation to the employee , but managed to persuade the bank officials to provide a relieving letter to the employee , on the condition that the employee submits a back dated letter of resignation to the company.Since almost 10 months had elapsed without an employment, my friend accepted the relieving letter in hope that atleast he has some chance to seek employment on the basis of a clean service certificate.The question here is has the employee lost the right to challenge the original order of termination issued by the bank ??? Isnt this a case of arm twisting tactics by the company inorder to force employees to submission so that they get away with unfair practices ??? My friend was the only bread winner of the family with 3 dependants. Does the court expect that the aggrieved employee has no right to employment till his case is decided in the court of law ??? If the employee doesnot earn for him and his family , there will be a question of survival, let alone fight for justice !!!
I request the expert panel to submit their valuable comments on this very important case.
Regards,
Rajeev
ajay sethi
(Expert) 27 October 2011
what are the wordings ogf high court order? what is the order passed by labour court?
Rajeev1978
(Querist) 27 October 2011
Dear Mr Sethi,
There was no order passed by the labour court, the Assistant Labour Commissoner just made some kind of a settlement to remove the word termination from the service certificate so that the employee can seek employment without any stigma attached .
Regards,
Rajeev
Guest
(Expert) 27 October 2011
It seems a clear case of arm twisting on the part of the employer and also a case of taking side of the employer by the Assistant labour Commissioner. I am of the view, you must challenge the settlement order passed by the Assistant labour Commissioner.
ajay sethi
(Expert) 27 October 2011
when was settlement order passed by Asst Commissioner?
have you wihdrawn the writ petition?
Raj Kumar Makkad
(Expert) 27 October 2011
I have already replied against the same query raised in 'forum' section.
prabhakar singh
(Expert) 27 October 2011
May be your friends facts might be true.Butquestionably the point is this that when his writ was pending before the High court what made him compelled to firstly go before labor commissioner,and secondly what compelled him to concede over the issue and to give an antedated resignation and if he did this all,even if it is proved,that it was done under compulsion to remove the rider.
Any way even if any relief is framed for him ,it would certainly be very very hard nut to crack as your friend might be failing to explain issues that may arise during course of evidence.
M V Gupta
(Expert) 28 October 2011
Your friend's action in giving ante dated resignation letter to the Bank has in my opinion has frustrated his own case before the HIgh Court. To get out of the ante dated letter he has to enter upon another course of legal action to get the letter annulled.Is he prepared for such an action? Then let him consult an Advocate to initiate suitable action.
RAJU O.F.,
(Expert) 29 October 2011
The outcome of the Writ petition before High Court is not known. Anyhow, back-dated resignation letter was given and relieving letter also got issued. Bank's action was unfair, if the termination was without reasons. Their side also had to be heard. It is better now to seek employment elsewhere, without wasting further time for litigation.
A.R.KUPPUSAMI
(Expert) 29 October 2011
issuing back dated letter of resignation is a temporary relief but has root cause. Your friend can challenge this matter before the labour court, after getting the High Court Order
R.RAJENDRAN
(Expert) 30 October 2011
With the permission of the High Court you can produce before the High Court, the settlement order passed by the Assistant Commissioner of Labour forcing you either directly or indirectly to tender anti-dated resignation letter. In that case there is a possibility for reopening the proceedings in the labour court for de-novo proceedings.
AA RAMAKRISHNAN
(Expert) 03 November 2011
It seems that the case of appointment by the bank was on the basis of hire and fire. It will be clear if you read their appointment letter clearly. It is a matter that your services can be terminated at any time without assigning any reason and you agreed to such condition while joining the duty. In that respect you are not a workmen within the ID Act and you have no case with the Labour Court. Writ petition is rejected because your termination is according to the agreement/appointment letter. Proceedings before the Labour commissioner is a conceliation proceedings and either party is not bound by his decision.
Advocate. Arunagiri
(Expert) 03 November 2011
The terminated bank employee could have obtained stay from the High Court.
If he had given the letter of resignation anti dated, he will loose his case in the High court.
