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Checking relevance for UNION OF INDIA VS MAJOR S. P. SHARMA...
2014 2 Supreme 288 : Yes, a bank employee can get protection under Article 311 of the Constitution. Article 311 provides procedural safeguards against arbitrary termination of services, including the right to be informed of the charges, the right to defend oneself, and the right to be heard. These protections apply to civilian employees, including bank employees, and are not available to members of the armed forces. The applicability of Article 311 is contingent upon the order of termination being in the nature of punishment, and it does not apply to cases involving the security of the State or to defence personnel. Since bank employees are civilian employees, they are entitled to the safeguards under Article 311.Checking relevance for Gurjeewan Garewal VS Sumitra Dash...
Checking relevance for DELHI TRANSPORT CORPORATION VS D. T. C. MAZDOOR CONGRESS ANB...
1990 0 Supreme(SC) 493 : Yes, a bank employee can get protection under Article 311 of the Constitution. The document explicitly states that the doctrine of ''''hire and fire'''' is impermissible under the constitutional scheme, and that termination of service without opportunity or fair procedure violates Article 311(2). It references the case of M. K. Agarwal v. Gurgaon Gramin Bank, where Regulation 10(2)(a) of the Gurgaon Gramin Bank (Staff) Services Rules, 1980 was struck down, affirming that even bank employees are entitled to protection under Article 311. The court emphasized that any power to terminate employment must be exercised with due process, including recording reasons and providing an opportunity to be heard, especially when the termination is for misconduct, inefficiency, or other grounds. Thus, bank employees, as public servants, are protected by Article 311 against arbitrary dismissal.Checking relevance for SATINDER SINGH ARORA VS STATE BANK OF PATIALA...
1991 0 Supreme(SC) 528 : Bank employees, such as those in the State Bank of Patiala, do not fall under the categories protected by Article 311(1) of the Constitution of India. Article 311(1) applies only to members of the Civil Service of the Union or an All India Service, or a Civil Service of a State, or those holding a civil post under the Union or a State. Since the petitioner in this case was a bank employee and not part of any such service, they cannot claim protection under Article 311(1). Instead, their rights are governed by the specific service regulations applicable to them, such as the State Bank of Patiala (Officers) Service Regulations 1979. The court held that the employees of the State Bank can only claim such rights as are conferred under these regulations, and not the constitutional protection under Article 311(1).Checking relevance for State Bank Of India: State Bank Of India: A. K. Soundrarajan VS S. Vuaya Kumar: T. Dayakar Rao: Cenrtral Board Of Directors, State Bank Of India...
1990 0 Supreme(SC) 359 : A bank employee cannot claim protection under Article 311 of the Constitution of India because they do not fall within the categories of ''''members of a Civil Service of the Union or an All India Service or a Civil Service of a State or holds a Civil post under the Union or a State'''' to which Article 311(1) applies. The protection under Article 311 is limited to such civil servants and does not extend to employees of the State Bank of India, who are governed by statutory rules such as Regulation 55(2)(a) of the State Bank of India General Regulations, 1955. The right to protection from dismissal by a subordinate authority in the case of bank employees arises only from these statutory provisions, not from constitutional guarantees.Checking relevance for Nar Singh Pal VS Union Of India...
2000 2 Supreme 667 : Yes, a bank employee can get protection under Article 311 of the Constitution of India if they have attained the status of a temporary employee. The document explicitly holds that once an employee attains the temporary status, they become entitled to constitutional protection envisaged by Article 311, along with other Articles dealing with services under the Union of India. This protection applies to employees in public service, including those in government or public sector undertakings such as banks, when they have secured temporary status after fulfilling the requisite service conditions.
