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Unlawful and vindictive dismissal of Com. Sumith Nambiar, Vice President of Federal Bank Employees Union – AIBEA’s call for Strike on 19th November, 2022 – RLC, Kochi now orders that Com Sumith is a Protected Workmen under I.D Act and hence Federal Bank management should not have given the dismissal order.

Our units and members are aware that in our AIBEA’s call for nationwide strike by all bank employees on 19th November, 2022 against unlawful and illegal actions of various bank managements, the issue of the unlawful dismissal of Com. Sumith Nambiar, Vice President of Federal Bank Employees Union and Central Committee member of AIBEA was one of the important issues.
We pointed out that as per the communication sent by our Union to the management under Sec. 33 of the Industrial Disputes Act, 1947 and under Rule 61 of the Industrial Disputes (Central) Rules, 1957, Com. Sumith Nambiar is a protected Workman and hence management serving the dismissal order on him in May, 2022 was unlawful, illegal and vindictive and hence amounts to victimisation.
During our bilateral discussions with the IBA/bank managements held on 5-11-2022 and 16-11-2022 as well as during the conciliation meeting held by Chief Labour Commissioner on 10-11-2022 and 18-11-2022, we highlighted this issue and demanded justice and strict adherence to the provisions of Industrial Disputes Act by upholding that Com. Sumith Nambiar should be recognized a Protected Workman and hence the dismissal order served on him by the management should be reconsidered and revoked. CLC also advised that all managements should adhere to provisions of Trade Unions Act and ID Act. Later, the DFS, Ministry of Finance also sent their Advisory to all Bank MDs to adhere to the provisions of these Acts.
Our contention was duly raised before the RLC, Kochi, Kerala by our Union-FBEU and argued accordingly. AIBEA also followed up the matter with CLC, Delhi and RLC, Kochi.
We are now glad to inform our units that RLC, Kochi has given her decision in the matter under Rule 61(4) of the I.D.(Central) Rules, 1957 upholding our contention and ruling that Com. Sumith Nambiar should have been considered as Protected Workman and hence should have taken permission from the RLC before serving any dismissal order, and thus our contention has been vindicated. Thus, the unlawful dismissal order is liable to be set aside. AIBEA and FBEU have taken up the matter with the management for revoking the dismissal order served on Com. Sumith Nambiar. We hope that management will comply with the same at the earliest.
With Greetings

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