Unlawful Termination [Thread 481846] - CiteHR
Umakanthan53
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A teacher is been terminated without any enquiry or procedure by the principal only. termination letter is handed over in a sealed envelop. reasons given in the letter are inadequate teaching skills and immoral behavior no details specified for both neither in the letter nor verbally. a cheque was attach to it of 3 months salary. he was a permanent employee and working there from 4 years no such complain was recieved against him in past 4 years.the institution is a minority institution under Article 30 of Indian Constitution.he tried to seek clarification in writing fron the principal but he did not reply. now where he can appeal? can he demand for an experience certificate for his services which he has done with all his sincerety? please help.
Dear Frankk,
As the said teacher is already teaching since last 4 years in that institute and he was a permanent employee of that institute, than in this scenario "inadequate teaching skills and immoral behavior" are the reasons for termination..!! Not understandable, this was not realized by the management since last 3 years..!!
He should submit his written complaint to the Labour Office and to Office of Director of Education, in whose ambit that area falls and request for your rights. Request them to reinstate your services with all facilities as you were paid earlier.
Hope this will help you.

Issue of experience certificate is compulsory under most of the state Shop & Establishment Acts.

You need to check with the state act whether the same rule applies.

If it does, then irrespective of the reason or method of termination, and irrespective of whether notice period is served, the Service Certificate / Experience Letter needs to be issued. So writing a letter asking for it is probably the best method. However, you need to see whether the termination letter already speaks of the experience and period of work. If the same is already mentioned, they may not issue a separate experience letter (unless specified as such in the state law). This is specifically true if the teacher is terminated for immoral behaviour.

The teacher if free to approach the labour officer. Being a minority institution does not mean they dont have to follow labour laws.

It may even work, in case the school does not really have any proof of his wrong doing. Or at least he may get a relieving letter that does not state reason for termination as immoral activity.

Hello Frankk,
While other members have given the factual scenario of the options open in the situation you mentioned, there are gaps in what you mentioned. Unless they are closed, giving any accurate suggestion by the members would be tough--meaning whatever has been suggested MAY NOT work-out in this case in a straight-cut way.
1] What is the size of the School--how many teachers & students?
2] You mentioned it's a Minority Institution--does it have any financial support from any Minority Bodies--like Wakf Board, etc?
3] Your mentioning 'reasons given in the letter are inadequate teaching skills and immoral behavior no details specified............' gives an indication that the details you gave are INCOMPLETE. Usually such methods of termination follow ego clashes [in small companies / institutions] OR something's happened that's NOT BEING REVEALED.
4] Another point you mentioned ['a cheque was attach to it of 3 months salary'] does give an indication that some amount of fair-dealing seems to have been there from the Institution-end.
In a nutshell--the more & full details you give, then more accurate & realistic the suggestions from the members.
Rgds,
TS

Thank you all. yes the only fair thing done by the institution is that cheque of three months salary. it doesnt take any financial help from any outside body with around 2500 students and 80 teachers.

no notice or warning issued verbal or written in past for both the charges. infact he was asked to recieved the sealed envelop in principla's offfice without a hint about the contents. it was repeatedly asked by him to give details of charges but principal refused to do so he just indicated that he has recieved some complains and then he asked him to seek clarification in writing but he did not reply when he tried to to so..

the School Service Book itself states that No disciplinary action can be taken against any staff member without an enquiry and without giving a fair chance to the empolyee against whom the charges are framed (as per the guide lines for private minory instiution under Article 30 ).

leave a side enquiry he wasnt aware of anything unless he opened the envelop.

through other channels also we tried to get information and its clear that whatever has done with him is unfair and unlawful. but the only hesitation to take help of the law is that even if he will be reinstated the enviornment wont be cordial and he will not be able to get another job if it will become a court case or something.

the termination letter doesnt say any thing about the duration of his services in that case he can ask them to issue an experience certificate?

please guide more. thanks.

If all he wants is the experiance certificate, he should go to the primcipal and ask him for the said certificate.
If he gives it, well and good. If not, he can approach the labour officer.
If he has the appointment letter and the termination letter, most places will accept that as proof of experiance. However, getting a job on basis of that letter will be difficult. May be he can negotiate and resign in exchange of a clean relieving letter.

Thanks for your inputs. If somebody suspecting that there is something which is not revealed while putting up the query it is understandable cause the way if happened was shocking for the teacher as well that a day before everything was usual and suddenly principal called him in his office and ask him to receive a letter which is in fact his termination letter.

Any way the principal too accepted off record that his action was haste and he did not investigate anything before action but now he is trying to influence that teacher not to pursue it through legal recourse as he (principal) will be retiring this year and he donít want any controversy at the end of his career moreover what explanation he would be giving to his higher authorities for his mindless act so he tried to convey it to the teacher that even if law will be in his favour working conditions wont be pleasant for him over there and after all this he wont get any other job also as he knows that the teacher needs a job for his survival. So despite knowing that he has not done anything wrong and the action taken against him is unfair teacher is unable to do anything except looking for another job.

If you could please provide the exact details of the labour law with references dealing with experience certificate it would be helpful for him in case the institution deny to acknowledge his services. This case happened in Orissa.

Thanks.

The provisions you are looking for is in the Orissa Shops & Commercial Establishment Act.
Unfortunately, i do not have a copy of the same (and not able to locate it online either).
You will need to read the act, there will be a separate section on experience certificate.
It should be in the index page its self.
I hope some of the members who are familier with Orissa S&CE Act will be able to give the exact section which applies.

Dear Frankk,

Sorry for the plight of the teacher victimized by the alleged haste of the principal. Apart from other legal remedies, why not the teacher prefer an appeal to the Managing Committee or Trustees of the institution just atleast for the sake of experience certificate? Even if he gets an experience certificate, I am not able to think that it will serve any purpose as the reasons mentioned in the termination orders, howsoever cryptical it may be, leaves an indelible scar on his skill as a teacher and character as a humanbeing.So, legal action is the only way out if he wants to pursue the career of teaching elsewhere.Unfortunately, a teacher can not seek redress against his unlawful termination under the Labour Laws in view of the land-mark judgment of the Apex Court in Sundarambal v. The Govt, of Goa, Diu, Dammen (1988) cosolidating the judicial proposition that though education is an industry, teacher is not a workman.If I were not incorrect, only a civil suit against the institution for wrongful termination violative of the terms of the contract of employment is the availble option.

Thank you Umakanthan Sir, if you could pls guide a litle more on that like : where the suit should be filed? what will be the procedure? the incident happend in the same way as it is told here that no fight or argument no hint of something this sort of going to be happen. leave alone any enquiry not a single sentence told to him in this regard. so what 'll be the possiple action of the court?
please help.'regards.


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