• Mental trauma and injustice by gm,hrm of psu bank

I am an employee of a PSU Bank working in Pune for the last 5 years. In 2017 wen I conceived, I requested for my transfer to my native place Kolkata in Oct'17 .My husband also secured a job in Kolkata. I went on for maternity leave leave in Nov'2017.Since I had no one to look after me in Pune, I shifted to Kolkata for my delivery which was due in Dec'17.
First transfer list was published by my Bank in July'18 and my name appeared in it.However even after repeated requests to the Pune Zonal Manager and General Manager,HRM Deptt,HO, i was not released from Pune. But my junior colleague was released based on the same list.
Since June'18-Oct'18, 4 transfer lists were published by my Bank and my name appeared in all the lists. However I was never released.
In the mean time due to arbitrary transfer orders by GM HRM, court case was filed against her by a female officer.She was granted a stay order by Lucknow court.But GM,HRM being adamant cancelled all the transfer lists with the instruction that the employees who have already been released will continue to work in their new place of posting rest will not be released any more.Finally she released a list consisting only the male staff and cancelled transfer of all ladies staff.
After explaining my condition to her that I have an infant who is still on breastfeed and based on the transfer lists I had vacated my rented appt in Pune and shifted to Kolkata,she forced me to take unpaid sabbatical leave which also amounts to loss of service days.
Since August'18,I have written several request letters and E-mails to GM,ED and also MD but till date none of my requests have been responded.I am in tremdendous mental pressure as I have housing loan,car loan EMIs to pay.Being forcefully unpaid for 6 months has resulted in financial disaster for me besides mental trauma.
Please note there is no Women Grievance Redressal cell in my bank and Union has also failed.
Where can I apply for solving my problem.
Asked 7 years ago in Labour

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27 Answers

Mam, please be cool, first draft a narration of sequence from beginning and moved a detailed application to the Zonal Manager with a copy to HR Department but take note that sequences be correct and date wise as you have to use it further course of action, after moving this application wait for 15 days and if nothing done or no reply received file a writ before Calcutta High Court for the relief as you can file writ at Kolkata, dam sure you will get the relief but sequences be correct.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

See you are a central government PSU employee you can apporsch the Central Administrative tribunal on arbitrary cancellation of transfer based on personal grudges and further harrasment.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) One can put your case bank head quarter HR department and HRD of central government Delhi.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

File application against bank before CAT mentioning that you were not granted transfer inspite of having to breast feed infant and was forced to go on unpaid leave 

 

2) seek orders to direct bank to transfer you as your name has appeared in transfer lists but unilaterally cancelled by bank 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hi,

In the present circumstances, you may move to central administrative tribunal with prayers to direct the competent authorities to give your posting at Kolkata. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Central Administrative Tribunal that is CAT, it regulated all the central services in India. Any case pertaining to service in any sort should first be filed in CAT and if you are not getting your issues resolved from the CAT then you can take it to the High court level. You can go directly to the court but then any matters pertaining to CAT should first be resolved from there and if you are not getting what you want out of the said authority then you can take it to the High Court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Engage a local lawyer 

 

file application before CAT in Pune as you were working in Pune and transfer application was rejected in Pune 

 

3) case may take more than a year to be disposed of 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

It appears that you have been continuously agitating in this matter by means of your representations, but the Bank has been sitting tight over the matter without making any whisper. Instant is a fit case to be taken to the High Court/CAT. File a writ in the High Court seeking redressal of all your grievances by way of seeking necessary directions from the High Court. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Contact a local lawyer experiences in handling service disputes. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Mam OA needs to be filed in the CAT also the interim orders can be prayed as it can take some.time before OA is disposed so CAT can pass interim orders engage an Advocate of Maharastra practicing before CAT he will study order and accordingly file.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You have to definitely consult a lawyer. since many details in your case needs to be understood and appreciated, which obviously cannot be discussed here in detail, better consult a lawyer with all your complete details, 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello,You may engage a lawyer and file a case before the CAT or the HC and seek the relief

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

This will take time. However, you may get the interim relief or some measure on the first date itself.

IS there any rule which gives you a right to take transfer?

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Eventually during the job any eventuality which happens during the course of working the offices are indemnified in that regard as they will be doing their own duty this can only be apprehended when any suicidal is done by any employee and by putting The Blame On particular officer in case there is any harassment today women employee by the male employees there are women cell in this regard where the complaint can be made and their home to make the enquiries in this regard on the committee is formed to take up the matter to make its own recommendation

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Why you wants to go to when you can go to Hon'ble High Court , going to CAT will be less beneficial so file a Writ now.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

See in my view over PSU jurisdiction of CAT is there. If jurisdiction of CAT somehow is not there then high court can be approached.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.Employees of PSUs including banks may come under CAT.

 

2.You can check at the website of CAT. It gives list of all organisations (PSU/localbodies/Auto nomoous bodies) which are in jurisdiction.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

if CAT does not have jurisdiction then file writ petition in HC against bank 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hi,

The application or CAT Case has specific format and you need to prepare your case accordingly and submit the same at registry /filing counter of the CAT at Kolkata. After scrutiny, the application comes up for hearing and you are required to appear in the court and answer/present your case. The whole process may take 10 days or so. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1) For time being if you do not have to lose your job then join in Pune Branch and let the high authority which lady is sitting on the transferred authority get transferred from her post and after six months again apply for the posting in very well cool manner.

 

Sum time what happens by fighting problem won't be able to get sort out. It may get simple way just ask to get transfer requirement of Bank demand and not as per your demand.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

CAT does have jurisdiction to the best of my knowledge and if some how your bank does not fall under the jurisdiction then approach the HC and file a writ under article 226 of the constitution of India  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You make a representation in writing to the top authority of the bank expressing all your grievances chronologically and seek its intervention to provide you the desired relief.

If this effort fails to fetch any relief you may file a writ petition before the high court seeking its intervention and direct your employer to give you a fair deal at par with others in this connection and any other reliefs. 

This may bring some respite to you.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Being PSU bank you may not be eligible to approach CAT for relief.

You can approach high court only for relief and remedy that too after exhausting all the remedy within the organisation.

You can file a writ petition seeking relief and remedy.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

As I had opined earlier, CAT has no jurisdiction to try such cases hence a writ petition before high court may fetch you the desired relief.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You can file a writ petition in HC and pray for directions and compensation from the organisation.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You shall have to file a Writ Petition against the sid GM and also the Bank for its inaction and/or inappropraiet action praying for an order upon them to withdraw the order cancellling the transfer orders and release you within next 7 working days.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.High Court is the only place where you can seek relief of your problem.

 

2. File the W.P. as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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