Regarding termination in pvt bank
9 months ago
Bank is issued termination notice just 4 hrs before date changed for threatening and ask forcefully resi
A.Dear Client,
If the threatens to terminate or retrench you from service or force you to submit a resignation without serving mandatory notice that varies from one month to three months, then such an act on the part of the employer shall be termed as victimization and unfair labour practice if the matter is litigated before the appropriate authority or Labour Court. In the absence of compliance with the mandatory provisions of Section.25F and 25N of the Industrial Dispute Act, 1947, no employer can terminate or retrench an employee from any establishment. In the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action, reach out to the office of the Labour Commissioner concerned for redressal of your grievance by making a complaint against the Bank for the unjustified action that proves the victimization of an employee and unfair labour practice on their part. Section 2A (1)of the Industrial Disputes Act 1947 says that where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute. Sec.2A(2) of the Act says that notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may after the expiry of 45 days from the date he has made the application to the Conciliation Officer/Labour Commissioner of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government. Sec.2A(3) of the Act says that the application referred to in sub-section (2) shall be made to the Labour Court or Tribunal concerned before the expiry of 03(three) years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1). So, In view of the above provisions of law applicable on the subject, you can make the application to the Conciliation Officer/Labour Commissioner of the appropriate Government for conciliation of the dispute, and on expiry of 45 days, you can make an application directly to the concerned Labour Court or Industrial Tribunal for adjudication of industrial dispute and following the provision of sub-sec. (3) of Sec.2A of the Act, the application for adjudication dispute should be made before the Industrial Tribunal or Labour Court within the period of 03 years from the date of termination. Reach out to an Advocate who handles Labour Court/Industrial Tribunal matters for proper guidance and steps. In case you need any legal assistance from us in this regard, you may contact our legal team along with all relevant papers
If the threatens to terminate or retrench you from service or force you to submit a resignation without serving mandatory notice that varies from one month to three months, then such an act on the part of the employer shall be termed as victimization and unfair labour practice if the matter is litigated before the appropriate authority or Labour Court. In the absence of compliance with the mandatory provisions of Section.25F and 25N of the Industrial Dispute Act, 1947, no employer can terminate or retrench an employee from any establishment. In the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action, reach out to the office of the Labour Commissioner concerned for redressal of your grievance by making a complaint against the Bank for the unjustified action that proves the victimization of an employee and unfair labour practice on their part. Section 2A (1)of the Industrial Disputes Act 1947 says that where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute. Sec.2A(2) of the Act says that notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may after the expiry of 45 days from the date he has made the application to the Conciliation Officer/Labour Commissioner of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government. Sec.2A(3) of the Act says that the application referred to in sub-section (2) shall be made to the Labour Court or Tribunal concerned before the expiry of 03(three) years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1). So, In view of the above provisions of law applicable on the subject, you can make the application to the Conciliation Officer/Labour Commissioner of the appropriate Government for conciliation of the dispute, and on expiry of 45 days, you can make an application directly to the concerned Labour Court or Industrial Tribunal for adjudication of industrial dispute and following the provision of sub-sec. (3) of Sec.2A of the Act, the application for adjudication dispute should be made before the Industrial Tribunal or Labour Court within the period of 03 years from the date of termination. Reach out to an Advocate who handles Labour Court/Industrial Tribunal matters for proper guidance and steps. In case you need any legal assistance from us in this regard, you may contact our legal team along with all relevant papers
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A.Dear client,
Employees have the right to a fair and just work environment, and termination should follow due process and be based on valid reasons.
If you believe that the termination notice was unjustified and based on false allegations, it is essential to gather all relevant evidence and documentation related to your employment, including any communication with your employer or evidence of their alleged threats. This evidence can be crucial if you decide to challenge the termination or take legal action against the bank. In such situations, seeking legal advice from an employment lawyer is highly recommended. They can assess the details of your case, advise you on your rights and options, and guide you on the best course of action. They may help you negotiate with the bank or take legal steps to protect your interests and seek appropriate remedies if the termination was wrongful.
Employees have the right to a fair and just work environment, and termination should follow due process and be based on valid reasons.
If you believe that the termination notice was unjustified and based on false allegations, it is essential to gather all relevant evidence and documentation related to your employment, including any communication with your employer or evidence of their alleged threats. This evidence can be crucial if you decide to challenge the termination or take legal action against the bank. In such situations, seeking legal advice from an employment lawyer is highly recommended. They can assess the details of your case, advise you on your rights and options, and guide you on the best course of action. They may help you negotiate with the bank or take legal steps to protect your interests and seek appropriate remedies if the termination was wrongful.
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