You need approach the court only in the said case.
redidential accommodation will not cover under labour law unless specifically stated in apportionment order
1. I am an employee of a Public Sector Bank and I joined recently on January 2023 and I am currently in Probation period. 2. I obtained a room for rent in the city from 06.03.2023 wherein the arrangement was a tripartite agreement i.e. a Leave and License Arrangement wherein OWNER/LICENSOR is a Hotel which is a Private Limited Company represented by its MD and SERVICE PROVIDER is a LLP and I am the Licensee. 3. I pay monthly Rs 15,000 and had paid security deposit of Rs. 15,000 to the LLP and I have Receipts/Bank Statement for the same. 4. Relevant Excerpts of the Agreement is as follows “The Licensee has approached the Licensor to allow the Licensee to occupy and use the premises for residential stay on a leave and license basis during the License Term…” 5. We can request for leased accommodation request via our HR Portal (since I am eligible for upto Rs. 18,0000) and accordingly I submitted for the same by uploading the Agreement, Bills etc on following dates a) 16.03.2023 – Denied for want of Property Tax Receipt/Electricity Bill b) 03.05.2023 – Denied for want of signing of all pages of the Agreement c) 17.05.2023 – Denied with no reason given d) 30.08.2023 – Denied with reason via email on 02.09.2023 that – “It is observed from the application that the said staff is staying in a Hotel. Kindly note that as per extant guidelines the accomodation should be Residential and the Agreement should be executed with an individual only and not with any company/ corporate.” 6. I know that they have done me wrong because I am using the Room in the hotel for residential purpose only as stated in the Agreement and nowhere in bank’s guidelines there is any mention that the agreement should be executed with an individual only and not with any company/ corporate. 7. Right now we are in just talking stage with my AGM/Branch Head and that HR person. Next, I will approach my bank’s Nodal Grievance HR in HO level if talking does not work but I want to prepare myself in the worst of worst case. 8. I know that there is negligence on their part too and I have suffered damages and maybe eligible for reimbursement since they gave wrong reasons on 16.03.2023, 03.05.2023 and no reason on 17.05.2023 and I can take help of excerpts from my bank’s service regulations/rules etc against that HR person. I want advises from the Learned Advocates on a) Which forum should I approach for speedy and less expensive disposal of my case? b) Is there any relevant sections of any labour law, civil law etc which might help me? c) Is there any caselaw which can help my case? d) Any advice on what I should or could do is welcome…
You need approach the court only in the said case.
redidential accommodation will not cover under labour law unless specifically stated in apportionment order
Approach Bank ombudsman for speedy redressal
judgments depend upon facts of each case
it is not necessary that leave and licence agreement be with individual only
there is no such legal requirement that it be with corporate only
You have raised several questions related to the denial of leased accommodation request by your employer, a public sector bank.
Types of Forums
possible legal forums that you can approach may be divided into two main categories:
Internal Forums
External Forums
Relevant Legal Sections
Bing acknowledges the need for a lawyer to provide specific advice but mentions two primary acts that could be of interest:
Final Recommendation
However, before approaching to any particular forum, consultation with a qualified lawyer to choose the appropriate forum and to understand the relevant legal sections based on the specifics of the case.
It can be understood that there is a force behind this denial.
Some people within the department is trying to do this mischief and injustice to you.
You can make a written representation to your employer, i.e., the competent authority by quoting the incidences that took place chronologically and request to redress your grievances immediately.
The department/bank is supposed to provide accommodation or to reimburse the rental amount as per banking laws, which the middlemen cannot deny.
If the top management is not cooperating or if you do not get a fruitful reply/response, you may adopt the legal route through court, however it will not come under labor law hence you may have to file a writ petition before high court.
a) Which Forum to Approach:
1. Internal Grievance Mechanism: As you've mentioned, your first step should be to exhaust your bank's internal grievance mechanism. This typically involves raising the issue with your immediate supervisors, HR, and, if necessary, escalating it to higher levels within the bank.
2. Labour Commissioner's Office: If your internal grievance mechanism doesn't yield satisfactory results, you can explore approaching the labor commissioner's office. They can often mediate disputes between employers and employees.
3. Consumer Forum: Since your issue involves a rental agreement and potential damages due to negligence, you might consider approaching a consumer forum. They handle disputes related to goods and services, which could include housing agreements.
4. Legal Action: If all else fails, you might need to consider taking legal action through the civil court system.
b) Relevant Laws and Sections:
1. Banking Service Regulations: Familiarize yourself with your bank's internal regulations and guidelines, as well as any specific policies related to employee accommodations and benefits. These might be relevant in demonstrating that the bank has acted in violation of its own rules.
c) Case Law:
Seeking specific case law to support your case might be challenging without knowing the content of the employment agreement as executed between you and your employer and in the absence of employee accommodations policy of your bank.
d) General Advice:
1. Document Everything: Keep records of all communications, agreements, denials, and any damages you believe you have suffered.
2. Be Prepared to Negotiate: Be open to negotiation and settlement discussions with your bank. Often, disputes can be resolved through negotiation without resorting to legal action.
Remember that employment and contractual disputes can be complex, and the specific laws and regulations that apply may be based on the employer agreement as executed between you and your employer. As you have not mentioned anything about your employer agreement it is not easy to give you advice of providing shelter to you under prevailing sections or provisions.
a) If the said deficiency of services is caused by the said Hotel , then you can file a complaint before the Consumer
forum
- However, this fault is looking on the part of bank official , hence you can lodge a compliant before the Higher
management of the bank
b) If no problem solved by the bank , then approach banking ombudsman
When seeking a swift resolution through the Bank ombudsman, it's crucial to understand that the outcome of these proceedings hinges on the unique circumstances of each case. It's worth noting that a leave and licence agreement need not necessarily involve an individual exclusively; there is no legal obligation for it to be exclusively with a corporate entity either. The determination of the ombudsman's judgment will ultimately be guided by the specific facts and details presented in the case, rather than any rigid prerequisites regarding the parties involved in the agreement.
I again require advice. 1. I obtained a HOTEL room for rent in the CHENNAI CITY from 06.03.2023 wherein the arrangement was a tripartite agreement i.e. a Leave and License Arrangement wherein OWNER/LICENSOR is a HOTEL which is a Private Limited Company represented by its MD and SERVICE PROVIDER is a LLP and I am the Licensee. 2. As stated in the Agreement the ROOM IN HOTEL is to be "used for RESIDENTIAL STAY/PURPOSE on a leave and license basis during the license term" and I am doing the same. My question whether the above fits the definition of "RESIDENTIAL ACCOMODATION"? Any caselaws will really improve my standpoint. Please help.
it would be regarded as residential accommodation as leave and licence agreement mentions that room is to be used for residential purposes only
Yes if you have entered into leave and license agreement it will be residential accommodation only as stated in it
- Since, the Agreement having clause that the ROOM IN HOTEL is to be "used for RESIDENTIAL STAY/PURPOSE, hence it will be treated as residential accommodation .
The agreement is for residential accommodation through the leave and license arrangement hence it is residential accommodation only.
What is your doubt about it?
Dear Client,
In India, in general terms, residential accommodation typically refers to a place used for living or lodging purposes, such as a house, apartment, or other dwelling. In your case, while you've entered into a tripartite agreement for a room in a hotel on a leave and license basis for residential stay/purpose, the categorization of this arrangement as "residential accommodation" under Indian laws could be subject to interpretation. The fact that you are using the room for residential purposes aligns with the usual understanding of residential accommodation. However, certain legal intricacies, specific regulations, or local laws might define residential accommodation more narrowly or with additional criteria.
Certainly, legal precedents and case laws can often provide clarity on how certain arrangements or situations are interpreted within the legal framework. However, specific case laws related to the classification of hotel rooms as "residential accommodation" under Indian law might be less common. In India, courts have addressed various cases related to lease agreements, leave and license agreements, and definitions of residential premises. While there might not be an exact match to your situation, similar cases could offer insights into how courts have interpreted similar arrangements or contractual terms. You can reach out to us for fruther assistance