Probationary Officer termination , on disciplinary grounds, in a public sector bank Probationary Officer termination , on disciplinary grounds, in a public sector bank

6 years ago

joined a PSB on 25-04-2016 and the bank posted me in a city in Kerala. The staff were highly unprofessional , non-cooperative , misguiding and abusive. I had worked in a branch for 6 months where a old lady tortured me for my use of mobile after finishing my work quickly. It lead to a verbal spat between us and she complained against me but remained unsuccessful and hence shut her mouth. After a month or so I got transferred to a new city in Kerala into a back office exclusively for loans. I was posted in the office for the purpose of learning. The staff are supposed to train me or at least let me learn by myself. The instructions were clear and the staff were aware of them too but deliberately acted like they are unaware of them or rather don't care about them thinking that the POs can't raise until their 2 years of probation. The new office handles MSME loans for which there are frequent outings for the staff. There are three woman in the office who are not willing to go out and do the job assigned to them. As soon as I arrived I was sent to do their work without even teaching me and moreover showing their dictating attitude. One day of the the lady went further and demanded the boss to snatch my mobile and keep it in captive. He threatened me from further usage of mobile and also issued a memo. The stupid office didn't have a CCTV to record the scene leaving me without an evidence to complain. They made me travel 3-4 hours a day , didn't let me claim the conveyance charges and tortured me mentally. One day a GM visited the office and instructed the staff that the POs are here only to learn and not to do the managers job. If they had been doing so it would be invalid until their confirmation and they shouldn't be made to do so until their confirmation. Hearing this the boss got himself transferred and a new boss came who again starting thinking that POs are slaves. He asked us to do the managers' job but instead got replied by all the other managers except one regarding GMs instructions. He kept on persuading me to do the lady managers job on the pretext that it is neither safe nor convenient for the ladies to go out and do their job. I did it just out of courtesy but the lady manager took it otherwise and tactically demanded me to prepare the report which I objected . This burned her ego and one day rudely threw something , of her work, to do. I gave a befitting reply. Meanwhile I was due to be credited my leaves for completing one year of my service. I was waiting to avail them and meanwhile this this happened. The manager complained against me and the boss without knowing the other side of the story was completely in awe of that woman and threatened me .I gave a befitting reply and left the office. They issued a show cause notice for which I replied with all the earlier story and I came back with a medical certificate. The boss with other HR department members took the initiative to prove me indisciplined and got me terminated. A HR Chief manager was appointed to investigate my case but the appointed person had joined his hands with the boss and the staff and had written against me in the investigation report. I need legal advice to defend my case. It's a long one.

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client you matter is very complex in nature. Request you to please consult for an advice.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 6 years ago

View All Answers
A.In the matter of domestic , employees who suffer injustice have no remedy anywhere, but since your employer is a public sector Bank, if you are appointed as an award staff you being a 'workman' under ID Act, come under jurisdiction of Central Goverment Industrial tribunals set up for the purpose, and if you were an officer, since you are out of the perview of tribunals, you have file a writ before jurisdictional high Court, means the High court within whose jurisdiction you were working at the time of your termination. I have filed some such writs in Karnataka High court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 6 years ago

A.Your is sensitive and complicated serious issue about you job and your working in your initial period as a PO. You should have used constraint & seriousness and maturity in job during probation.As expected before your confirmation or successful completion of probation you are removed.Consult a senior labour & employment and service matters expert high court lawyer to defend your case quickly.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 6 years ago

View All Answers
A.Just for your info, I was a PO and Manager in SBI and now I am a practicing advocate.
By the way it is not so easy that a PO can be terminated on the disciplinary ground. You must challenge this in court of law. And also for this kind of serious case it is suggested to consult a lawyer.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCan company enforce non-poaching in case of severance
Dear Client, To ensure benefit, from an employer's perspective, in lateral hiring amongst competitors, non-poaching clauses are often added to agreements. Non-poaching agreements are contracts entered...
question iconFamily pension eligibility
Dear Client, According to sub-rule 6(iii) of Rule 54 of the CCS(Pension) Rules, 1972, and the circular dated 29/04/2011 of the Department of Pension and Pensioner's Welfare, GOI, the family pension...
question iconEpfo entry for dual company
Dear Client, When your EPF record shows an anomaly in the joining date in both the A & B Company, then until and unless the concerned employers rectify that anomaly, PF records will show dual employm...
question iconMental harrasment by Branch head on matter of leave
Dear Client, It was your mistake to appreciate the remarks of the leave-approving authority before going on leave which makes you liable to face disciplinary action for unauthorised absence now. You c...
question iconOfficer is not Verifying My payment
Dear Client, In the given scenario, If the action of the management appears to you arbitrary, unethical, and contrary to the terms of your employment, then serving a legal notice to the Company you ca...