Navigating Unlawful Termination: Understanding Employee Rights and Legal Remedies in a Minority Inst

A teacher has been terminated without any inquiry or procedure by the principal only. The termination letter was handed over in a sealed envelope. The reasons given in the letter are inadequate teaching skills and immoral behavior, with no details specified for either in the letter or verbally. A cheque for three months' salary was attached to it. The teacher was a permanent employee and had been working there for four years, with no such complaints received against him in the past four years. The institution is a minority institution under Article 30 of the Indian Constitution. The teacher tried to seek clarification in writing from the principal, but received no reply. Now, where can he appeal? Can he demand an experience certificate for his services, which he has performed with all his sincerity? Please help.

Dear Frank,

As the said teacher has been teaching for the past 4 years at that institute and was a permanent employee, inadequate teaching skills and immoral behavior are the reasons for termination in this scenario. It is concerning that the management did not realize this for the past 3 years.

He should submit a written complaint to the Labour Office and the Office of the Director of Education, under whose jurisdiction the area falls, and request your rights. Ask them to reinstate your services with all previous facilities and benefits.

Hope this information helps 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 behavior.

The teacher is free to approach the labor officer. Being a minority institution does not mean they don't have to follow labor laws. It may even work if the school does not really have any proof of his wrongdoing. Or at least, he may get a relieving letter that does not state the reason for termination as immoral activity.

Hello Frank,

While other members have provided the factual scenario of the options available in the situation you mentioned, there are gaps in your explanation. Unless these gaps are addressed, it would be challenging for members to give accurate suggestions, which means that the suggestions provided may not work out straightforwardly in this case.

1. What is the size of the school - how many teachers and students are there?
2. You mentioned it's a Minority Institution - does it receive any financial support from Minority Bodies like the Wakf Board?
3. Your mention of "reasons given in the letter are inadequate teaching skills and immoral behavior no details specified..." indicates that the details you provided are incomplete. Typically, terminations like this could result from ego clashes in small companies or institutions, or there could be undisclosed events.
4. Another point you mentioned, "a cheque was attached to it of 3 months salary," suggests that there was some level of fairness from the institution's end.

In summary, the more detailed and comprehensive information you provide, the more accurate and realistic the suggestions from the members.

Best regards,
TS

Thank you all. Yes, the only fair thing done by the institution is that cheque of three months' salary. It doesn't take any financial help from any outside body with around 2500 students and 80 teachers.

No notice or warning was issued, verbal or written, in the past for both the charges. In fact, he was asked to receive the sealed envelope in the principal's office without a hint about the contents. It was repeatedly asked by him to give details of charges, but the principal refused to do so. He just indicated that he has received some complaints and then he asked him to seek clarification in writing, but he did not reply when he tried to do so.

The School Service Book itself states that no disciplinary action can be taken against any staff member without an inquiry and without giving a fair chance to the employee against whom the charges are framed (as per the guidelines for private minority institutions under Article 30).

Leaving aside the inquiry, he wasn't aware of anything unless he opened the envelope.

Through other channels, we also tried to get information, and it's clear that whatever has been done to him is unfair and unlawful. But the only hesitation to take the help of the law is that even if he will be reinstated, the environment won't be cordial, and he will not be able to get another job if it becomes a court case or something.

The termination letter doesn't say anything about the duration of his services. In that case, can he ask them to issue an experience certificate?

Please guide more. Thank you.

If all he wants is the experience certificate, he should go to the principal and ask him for the said certificate. If he gives it, well and good. If not, he can approach the labor officer. If he has the appointment letter and the termination letter, most places will accept that as proof of experience. However, getting a job based on that letter will be difficult. Maybe he can negotiate and resign in exchange for 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 don’t 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 are 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 the experience certificate. It should be in the index page itself. I hope some of the members who are familiar with the Orissa S&CE Act will be able to give the exact section which applies.

Dear Frank,

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 at least for the sake of an 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, however cryptical it may be, leave an indelible scar on his skill as a teacher and character as a human being. So, legal action is the only way out if he wants to pursue a career in teaching elsewhere.

Unfortunately, a teacher cannot seek redress against his unlawful termination under the Labor Laws in view of the landmark judgment of the Apex Court in Sundarambal v. The Govt. of Goa, Diu, Dammen (1988) consolidating the judicial proposition that though education is an industry, a teacher is not a workman. If I am not incorrect, only a civil suit against the institution for wrongful termination violative of the terms of the contract of employment is the available option.

Thank you Umakanthan Sir, if you could please guide a little more on that. Like, where should the suit be filed? What will be the procedure? The incident happened in the same way as it is told here, with no fight or argument, no hint of something of this sort going to happen. Leave alone any inquiry, not a single sentence was told to him in this regard. So, what will be the possible action of the court? Please help. Regards.

Just want to clarify, Was the judgment under the Shop and Establishment Act or under the Industrial Dispute Act? While they may not be workers under the Industrial Dispute Act, schools and colleges are required to comply with the requirements of the Shop and Establishment Act. Therefore, the teachers would be protected under it. They would be covered under the Payment of Wages Act, Gratuity Act, PF Act, irrespective of them not being a worker under a factory or Industrial Dispute Act.

Of course, the Orissa act would have detailed provisions, but I am not clear on it as I am not able to find a copy of it online.

Dear Saswata,

The citation of the case I've mentioned is 1988 (57) FLR 462, and it is a case under the ID Act, 1947. I am not sure whether educational institutions would be covered under the definitions of 'shop,' 'establishment,' or 'commercial establishment.'

Thank you.

Dear All,

For this clarification, you will have to go through the Shop & Establishment Act of each individual state. Some of the states have covered "Educational Institution" under the definition of "Commercial Establishment," like Delhi "educational or other institutions run for private gain", whereas some have not. However, some states also amended the Act later on and covered the Educational Institution under the Act.

So, kindly check for the same.

Dear Umakanthan Sir,

You did not reply to my query. If anyone could kindly guide on this: where should the suit be filed? What will be the procedure? The incident happened in the same way as it is told here. There was no fight or argument, no hint of anything of this sort going to happen. Not a single sentence was told to him in this regard. So, what will be the possible action of the court? Please help.

Regards.

Attribution: https://www.citehr.com/481846-unlawful-termination-experience-certificate.html#ixzz2rPbzpQH9

Dear Frank,

It is advisable to engage a counsel, and he'll guide you properly. However, first, please ascertain from the Regional Office of the Directorate of School Education whether they have jurisdiction to interfere and take cognizance of a dispute like yours in the Minority Education Institution.

In my view, you should prefer an appeal to the Managing Committee or the Correspondent of the institution. Let your appeal be brief and focused on the points of your grievance and the redressal sought; avoid anything personal against the Principal or anyone in the academics or administration.

If there is no reply or in the case of a negative response, ask your counsel to send a legal notice, and depending on the outcome, he will file a suit in the Civil Court having jurisdiction.

Teacher has been held to be NOT a workman, so provisions of the ID Act do not apply to him. Look for the State Schools Education Act and relevant provisions under it. Since it is a minority institution, the decision of the Apex Court in the Modern School case regarding minority institutions governs the field.