Legal Question in Employment Law in India

We were 8 executives from India appointed by Equitorial Trust Bank, Lagos in various fields in banking, IT, Credit, Operations etc. We all reported at Lagos around Feb/March 2009. Everything was going fine till the banking scenario in Nigeria got worst due to some malpractices and irregularities committed by few banks (ETB was functioning well).
The Central Bank of Nigeria appointed their representative at ETB (among other banks) on 1st october 2009. Immediately, all the 4-5 executive directors, the Chairman were removed from the Bank. The Acting MD took charge of the bank. On 14th october 2009, all of us (8 executives) were called and asked to resign since our appointments were not approved by the Central Bank of Nigeria. In fact all of us had submitted our papers to the Bank around April/May for approval. And we were also not told about this approval at the time of interview/appointment.
Not knowing what to do we submitted resignation. Subsequently, at the instance of the Chairman (Dr Mike Adenuga) and owner of the Bank, we received a message through the Niece (Ms.Funmi) and other Lieutenants (Mr Jameel etc) that we would be retained in other companies of the empire. However, after lot of waiting, on 1st December 2009, we were told to go back with salaries paid only upto November 2009. At the time of this instructions, we were asked to surrender car, house and move out before collecting salary cheque. We were not allowed to meet the Chairman and there were no one to hear us. Finally when we could manage to meet the top executives of the company, we were told that we would be called back at the earliest.
Now it is getting one year and till date I have not heard anything. I have been in touch with the niece and MD of a company who had promised us the job on 2-3 occasions.
At the time of joining, the bank had given us/their embassy at India that they would take care of us, pay salary as per the appointment letter, provide us all amenities etc.
It was the fault of the Bank's HR who did not do their job properly which resulted in delay and victimised us as above.
What is the recourse to us?
Can we write to the Nigerian Embassy in India duly quoting the undertaking given by the bank (as stated above) and ask for compensation?
Kindly advise.
regards,
ashok k rao
bangalore

Asked on 10/09/10, 7:05 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

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Dear Mr. Rao;

So far as writing to the Nig. Emb in India is concerned, you may write to them with a copy endorsed to the Managing Director of the bank. However, in my opinion question of compensation arises only in case of an employee who were approved by the Central Bank. Can you be considered an employee entitled to compensation per the terms of employment would arise once you are the employee. So our best bet would be to seek copy of terms of employment of the bank in general and the conduct rules for employees prevailing in Nigeria qua the Central bank.

Answered on 10/09/10, 8:12 am

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