Hi All,
I m glad to get this platform where I can share my experience and can get some solutions from all. I m from Moradabad and had joined an reputed institute as Computer Science Lecturer.
i was appointed as lecturer on 15/10/08 i was performing my duties well on 04/09/08 i was received a letter of termination of service that my services no more required and hereby terminated with immediate effect.
but according to my appointment letter condition of termination are as follows:
Your appointment is liable to termination on three months' notice from either side or pay and allowances in lieu thereof .
management is totally violate the appointment letter
Kindly tell me whatever they did was right or I can still do anything for it.
Waiting for the replies.
Paramjeet
From India, Moradabad
I m glad to get this platform where I can share my experience and can get some solutions from all. I m from Moradabad and had joined an reputed institute as Computer Science Lecturer.
i was appointed as lecturer on 15/10/08 i was performing my duties well on 04/09/08 i was received a letter of termination of service that my services no more required and hereby terminated with immediate effect.
but according to my appointment letter condition of termination are as follows:
Your appointment is liable to termination on three months' notice from either side or pay and allowances in lieu thereof .
management is totally violate the appointment letter
Kindly tell me whatever they did was right or I can still do anything for it.
Waiting for the replies.
Paramjeet
From India, Moradabad
If the appointment order clearly states that your services could be terminated only after giving three months notice or payment in lieu of such notice, then the act of the management terminating you with immediate effect can not be justified. You can write to the management appraising the provision in the appointment order with a copy to the concerned officer in the Collegiate Education Department of your area and the Registrar of the University to which your college is affiliated. Their intervention is important because when a Faculty Member is terminated from service with immediate effect, there will be sessions back log and the students will suffer. At the same time, if proper notice is given, the management will get sufficient time to find a suitable replacement as also the employee will get time to find an alternative employment elsewhere.
I feel that a member of University/ College will not come under the purview of Industrial Disputes Act, 1947.
Regards,
Madhu.T.K
From India, Kannur
4193I feel that a member of University/ College will not come under the purview of Industrial Disputes Act, 1947.
Regards,
Madhu.T.K
From India, Kannur
hi
terminating an employee without any service rule or staturory clause in the appointment letter is legally valid?
in this case can i demand reinstatement and payment of full salary for the period?
pls help me
nabolbona
From India, Calcutta
terminating an employee without any service rule or staturory clause in the appointment letter is legally valid?
in this case can i demand reinstatement and payment of full salary for the period?
pls help me
nabolbona
From India, Calcutta
Employment is a contract whereby one person called the employee agrees to the terms of offer placed by another person called employer. In this contract there may be a lot of implied terms. There may be some reference to the service rules or the relevant Acts made by the government in this respect. The clause relating to termination of employment is also one of such terms of contract of employment. In the absence of any such term in the contract of employment or appointment letter it will be implied that the termination or discharge of employee will take place following the laws applicable and following the principles of natural justice.
It does not mean that an employer should retain an employee who is not keeping the promise that he had made at the time of his joining. If he finds that the employee is not fit for the work assigned to him the employer can discharge his service but by giving him notice or payment in lieu of such notice. Notice to be served depends upon the category of employer decided by the number of employees working in the establishment. At the same time, if the employee has been a supervisory or managerial person he will not be protected by any of these rules. Therefore, whether you can claim reinstatement or demand wages will depend upon two factors, ie, whether you fell under workman category or not and whether you were given notice in advance by the employer of his intention to retrench your service.
Regards,
Madhu.T.K
From India, Kannur
It does not mean that an employer should retain an employee who is not keeping the promise that he had made at the time of his joining. If he finds that the employee is not fit for the work assigned to him the employer can discharge his service but by giving him notice or payment in lieu of such notice. Notice to be served depends upon the category of employer decided by the number of employees working in the establishment. At the same time, if the employee has been a supervisory or managerial person he will not be protected by any of these rules. Therefore, whether you can claim reinstatement or demand wages will depend upon two factors, ie, whether you fell under workman category or not and whether you were given notice in advance by the employer of his intention to retrench your service.
Regards,
Madhu.T.K
From India, Kannur
There is a fundamental factual mistake in this communicaton which I quote below:
"i was appointed as lecturer on 15/10/08 i was performing my duties well on 04/09/08 i (was) received a letter of termination of service that my services (were) no more required and hereby terminated with immediate effect".
I request you all my good friends in this group to give factual information correctly, failing which it is not possible to find a legal remedy to you question.
In this case, I notice that the termination is prior to the appointment date.
One should not keep anything as secrete for himself when he wants to consult a doctor or a lawyer. It is a oldage saying.
Kindly, clarify the dates so as to get proper response from learned and experienced perons.
with regards and love
Dr. KSN Sarma
From India, Hyderabad
"i was appointed as lecturer on 15/10/08 i was performing my duties well on 04/09/08 i (was) received a letter of termination of service that my services (were) no more required and hereby terminated with immediate effect".
I request you all my good friends in this group to give factual information correctly, failing which it is not possible to find a legal remedy to you question.
In this case, I notice that the termination is prior to the appointment date.
One should not keep anything as secrete for himself when he wants to consult a doctor or a lawyer. It is a oldage saying.
Kindly, clarify the dates so as to get proper response from learned and experienced perons.
with regards and love
Dr. KSN Sarma
From India, Hyderabad
hi all
messege from mr t k madhu is good.
yes i am under workman category.
but i feel there must be some rules and regulation in a company.
without any rules or anything written in the appointment letter how an employee
get some indication.
nabolbona
From India, Calcutta
messege from mr t k madhu is good.
yes i am under workman category.
but i feel there must be some rules and regulation in a company.
without any rules or anything written in the appointment letter how an employee
get some indication.
nabolbona
From India, Calcutta
Dear Nabolbona,
If you were under workman category, you can challenge your termination before Labour Court. Before that you may present the matter before the District Labour Officer and let him call the employer for conciliation.
Dear Dr. Sharma,
In your case there is a possibility of a clerical error in the letter which may be granted in favour of the department. Any way you may approach the Education Department since your case may not be heard in any Labour Court or similar machinery under the Industrial Disputes Act.
Regards,
Madhu.T.K
From India, Kannur
If you were under workman category, you can challenge your termination before Labour Court. Before that you may present the matter before the District Labour Officer and let him call the employer for conciliation.
Dear Dr. Sharma,
In your case there is a possibility of a clerical error in the letter which may be granted in favour of the department. Any way you may approach the Education Department since your case may not be heard in any Labour Court or similar machinery under the Industrial Disputes Act.
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu
I responded to the query of Mr. paramjeet.wasson
Ref. Posts: 1 above. I do not have any case of mine as such. I really wanted to suggest him, within my considered opinion, what is the law governing termination of employment while on probation.
Unless the dates are rightly quoted, it is difficult to determine, in the first instance, as to the lengh of service completed in probation itself. Depending upon the period spent on probation, we can arrive at the concludion whether the Management is under an obligation to serve a notice on him to improve perfomance and give enought time to do so, before resorting to terminating his services.
I hope I have made the point clear.
with regards and thanks
sincerely
Dr. KSN Sarma
From India, Hyderabad
I responded to the query of Mr. paramjeet.wasson
Ref. Posts: 1 above. I do not have any case of mine as such. I really wanted to suggest him, within my considered opinion, what is the law governing termination of employment while on probation.
Unless the dates are rightly quoted, it is difficult to determine, in the first instance, as to the lengh of service completed in probation itself. Depending upon the period spent on probation, we can arrive at the concludion whether the Management is under an obligation to serve a notice on him to improve perfomance and give enought time to do so, before resorting to terminating his services.
I hope I have made the point clear.
with regards and thanks
sincerely
Dr. KSN Sarma
From India, Hyderabad
If the date of appointment, as 15.10.08 and date of receipt of termination letter as 04.09.08 are correct, legally, the termination letter becomes ineffective and invalid, as termination cannot be made effective from the date prior to the date of joining. It is not a simple clerical mistake. To get the termination null & void, you may please better take help from a legal practitioner and get that cancelled through a court of law.
But, the question arises, how you caould receive termination letter before the date of appointment (more than one month back), when you were not on the strength of the organization?
From India, Delhi
But, the question arises, how you caould receive termination letter before the date of appointment (more than one month back), when you were not on the strength of the organization?
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
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