Viraat Ji Godara 07 May 2021

Removal from service help

respected lawyers,

i was working in a PSU bank. i got removal from service order after working 7 years in bank due to some charges proved on me. The order was "Removal from service which shall not be disqualification from future employment". i appeal to higher authority to review the order but got rejected. i just want to know that:

1. what is the time period limit to go to court for challenging the service removal order of bank.

2. weather i got any service experience certificate for my 7 year service.

3. is i am able to get gratuity fund from bank.

4. is bank issue me No Objection Certificate for future employment.

please help and advice me and also tell in which law/case i got this benefits. also told me any other benefits which i can demand from bank under this punishment. .

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3 Replies

Sankaranarayanan (Advocate) 07 May 2021

Within stipulated time of limitation you have to file a case in the court for which seeking local lawyer and get clarity and act accordingly

Sudhir Kumar, Advocate (Advocate) 07 May 2021

1. in which time period i can apply to court against final order of bank.

WITHIN ONE YEAR

2. can i get any service certificate of my 7 year service in bank.

BANK CAN DO SO BUT HOW THE SAID CERTIFICATE HELP YOU

3. can bank issue any no objection certificate for my future employment.

NO NEED. BANK CANNOT ISSUE ANY SUCH CERTIFICATE NOW.

4. can i get gratuity fund.

CHECK GRAUITY RULES OF BAMK.

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Pradipta Nath (Advocate) 07 May 2021

1. Since you are outside the purview of CAT for being a PSU Bank Employee, your appeal lies in High Court. Under the Article 116 of the Limitation Act, it is 90 days from the date of decree or order was passed.

2. Your Service Experience is enough to prove by the Appointment Letter and your order for removal. Although you may ask your HR for issuing the same.

3. I believe Payment of Gratuity is applicable in your PSU Bank. So better refer section 4(6). Although you can always challenge it is forfeited.

4. Issuing of NOC depends upon the Company Policy and Management decision.

Other than Gratuity, please check your PF and leave encashment too!

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