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How to deal with dismissal without notice
28-May-2023 (In Labour & Service Law)
I joined SBI as clerk in January 2011. In January 2015 I am suspended after my arrest by the police in case of fraudulent payment of cheque. Police filed Charge Sheet in the honourable Court in March 2015 and the case is still pending in the honourable Court. In September 2016 departmental enquiry is initiated against me and in may 2017 I am dismissed by the BANK. Bank accepted all police documents as it is true without any confirmation of witnesses in the departmental enquiry. What should I do against this bank decision. I should file a case against bank immediately or wait for criminal case decision by the hon. court and then file a case against bank decision. In which court this case would be filed. Please guide me.
You need to file case immediately in labour court for relief and firsly send notice to your bank about your objection... And mention grounds of your innosance in it.,you can also file writ petition in HC against decision of bank...what is the status of criminal case?
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Adv. Deepika Ram Mahatkar
Nagpur | 25+ Answers
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Dear client , you can raise an industrial dispute before central govt commissioner of labour and challenge the termination in case of failure for conciliation. The bank ought to have conducted a departmental enquiry to give you an opportunity to defend yourself against the charges levelled in the Chargesheet . We also need to check the rules of the SBI. The said advice is provided as per the limited information provided by you and the same shall be only confirmed after perusal of documents
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Adv. Chaitanya Torgal
Mumbai | 25+ Answers
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criminal trial and department enquiry are different , the evidence is one and same in both trials then you should made application to concern bank authority for hold the department enquiry or approach to stay the d. e. till the criminal trial would be complete . now you can request to bank authority to consider your request , if they are not agreed then you shall be approach to industrial tribunal .
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