I work in Kolkata's most prestigious school as an assistant teacher. My service was confirmed based on my performance as a 'COMMERCE & ACCOUNTS' teacher, and I was subsequently made a permanent teacher at the institution. Since the beginning of the 2013 session, the principal has forcefully assigned me to teach MATHEMATICS to lower classes, despite my lack of expertise in this subject.
After a few months, the principal began threatening me, citing my alleged inefficiency in teaching math, even though my confirmation was for the role of a 'COMMERCE & ACCOUNTS' teacher. He pressured me to resign, but I refused. Subsequently, the principal influenced the board of governors to terminate my service, despite my excellent performance in 'COMMERCE & ACCOUNTS' with higher classes.
While my service confirmation was based on teaching 'COMMERCE & ACCOUNTS' subjects, my termination was justified by my alleged inadequacy in teaching mathematics, a subject in which I lack proficiency. I find this termination unjust, illegal, and demeaning. I seek your valuable advice on this matter.
Regards,
kk
From India, Kolkata
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After a few months, the principal began threatening me, citing my alleged inefficiency in teaching math, even though my confirmation was for the role of a 'COMMERCE & ACCOUNTS' teacher. He pressured me to resign, but I refused. Subsequently, the principal influenced the board of governors to terminate my service, despite my excellent performance in 'COMMERCE & ACCOUNTS' with higher classes.
While my service confirmation was based on teaching 'COMMERCE & ACCOUNTS' subjects, my termination was justified by my alleged inadequacy in teaching mathematics, a subject in which I lack proficiency. I find this termination unjust, illegal, and demeaning. I seek your valuable advice on this matter.
Regards,
kk
From India, Kolkata
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Legal Action Against Unjust Termination
The school has 4,000 children and nearly 200 teachers. I find the termination illegal as the proportion of the punishment is more than the offense. Should I take strong legal action against the principal?
Regards
From India, Kolkata
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The school has 4,000 children and nearly 200 teachers. I find the termination illegal as the proportion of the punishment is more than the offense. Should I take strong legal action against the principal?
Regards
From India, Kolkata
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Legal Action Considerations
The decision of whether to take legal action depends on our personal circumstances and the advice of a lawyer, not on what we perceive as disproportionate punishment. Considering the slow pace at which Indian courts dispense justice, are you ready to engage in a prolonged legal battle? A large institution like the school might have sought legal counsel before terminating your employment.
I understand that unless we are willing to challenge injustices, the status quo is likely to persist or even deteriorate. However, many individuals lack the resolve or resources to do so. It would be advisable for you to seek guidance from a reputable lawyer. Wishing you all the best.
From United Kingdom
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1639The decision of whether to take legal action depends on our personal circumstances and the advice of a lawyer, not on what we perceive as disproportionate punishment. Considering the slow pace at which Indian courts dispense justice, are you ready to engage in a prolonged legal battle? A large institution like the school might have sought legal counsel before terminating your employment.
I understand that unless we are willing to challenge injustices, the status quo is likely to persist or even deteriorate. However, many individuals lack the resolve or resources to do so. It would be advisable for you to seek guidance from a reputable lawyer. Wishing you all the best.
From United Kingdom
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I made a cursory reading of the West Bengal Board of Secondary Education Act, 1963, and I believe that the Act would be applicable to the school in which you worked and unfortunately got sent out with ignominy, as you have narrated. Section 22(3) provides for the constitution of an Appeal Committee for the service grievances of the teachers in recognized schools. Did you prefer to file an appeal?
From India, Salem
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From India, Salem
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Please confirm back to the forum the reason of your service termination mentioned in the termination letter. The school authority has to send you a domestic inquiry notice before hand.
From India, Ahmadabad
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From India, Ahmadabad
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This is in addition to what Saji has said. What has happened with you is quite unfortunate. Before termination, your school should have conducted a domestic inquiry. I recommend you approach the labor officer of your area. Explain your problem and show him the copies of the correspondence with the school authorities that you have. However, approach him only after getting all your dues and a "Service-cum-Employment Certificate." Find out what he says. The further course of action is litigation; however, much depends on the advice he gives.
All the best!
Regards,
Dinesh V Divekar
From India, Bangalore
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All the best!
Regards,
Dinesh V Divekar
From India, Bangalore
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In the termination letter, no reason was given for termination. As per the school rules for staff, even a permanent teacher can be terminated without assigning a reason. I believe we are deprived of the RIGHT TO INFORMATION ACT, and moreover, I think my fundamental rights have also been violated. I really can't explain the trauma I am going through in supporting my family. Please, please help me.
Regards,
[Username]
From India, Kolkata
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Regards,
[Username]
From India, Kolkata
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In that case, I would echo Mr. Dinesh Divekar’s view to approach the local labor officer, but make sure that you get all the dues cleared before hand
From India, Ahmadabad
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From India, Ahmadabad
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It is very unfortunate that even courts do not allow teachers to go to Labour Courts by merely saying that teaching is a noble profession and hence not covered under the definition of workman under the Industrial Disputes Act. The schools take advantage of this legal position. However, if my personal opinion is taken, I would have given teachers the benefit of all the Labour Legislations.
However, it does not mean that you cannot take legal action against the school. Yes, you can take legal action against them by filing a civil suit for breach of service contract. However, the probability of winning will depend on various factors like service conditions in the appointment letter and your documentary evidence against the school. You need a good lawyer, and you will be able to teach a lesson to the arbitrary principal.
Subject-Specific Teaching Assignment
Mathematics is a different subject than accounting; please check if you were hired specifically to teach accounts and the same is written in the appointment letter or not.
From India, New Delhi
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However, it does not mean that you cannot take legal action against the school. Yes, you can take legal action against them by filing a civil suit for breach of service contract. However, the probability of winning will depend on various factors like service conditions in the appointment letter and your documentary evidence against the school. You need a good lawyer, and you will be able to teach a lesson to the arbitrary principal.
Subject-Specific Teaching Assignment
Mathematics is a different subject than accounting; please check if you were hired specifically to teach accounts and the same is written in the appointment letter or not.
From India, New Delhi
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Are you in a government school or a private school? There would be some rules applicable in either case. Your termination of service has to be counter-checked with such provisions, and the appellate forum as per such rules has to be considered.
Regards,
KK
From India, Bhopal
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Regards,
KK
From India, Bhopal
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You need to provide written notice to your school authority that if they do not offer you a job within a month, you will take legal action against them in court. You possess all the necessary documents such as the appointment letter, confirmation letter, and bank statements showing salary transfers into your account.
If they are not deducting your PF and ESI, they are at fault, and you have the right to take them to court over this issue. Once you file a case, the labor department will conduct a full audit of the entire personnel department. Many schools are engaging in illegal practices concerning lower staff members such as peons and others.
Filing a case will make your management realize that they cannot force an employee to leave the organization without proper notice and due process.
Thank you.
From India, Vadodara
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If they are not deducting your PF and ESI, they are at fault, and you have the right to take them to court over this issue. Once you file a case, the labor department will conduct a full audit of the entire personnel department. Many schools are engaging in illegal practices concerning lower staff members such as peons and others.
Filing a case will make your management realize that they cannot force an employee to leave the organization without proper notice and due process.
Thank you.
From India, Vadodara
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I feel that if you settle all dues from the school, it means you accept the termination, and there the matter ends. If you decide to close the matter and find another job, this may be done along with taking a service certificate, etc. However, if you decide to challenge the termination, this may not be done.
Legal Perspective on Teacher Termination
A teacher is not considered a workman, as decided by the High Court of Kerala in Venkataraman vs Labour Court (1982 I LLJ 454 KER). In Ms. Sundarambal vs Govt of Goa, Daman and Diu & others (1989 I LLJ 61 SC), the Supreme Court also held that a teacher is not a workman, although the school is an industry. Therefore, remedies under the Industrial Disputes Act 1947 (such as intervention by a Labour Officer or Labour Court) may not be available to you.
Alternative Legal Options
Invoking the appellate provisions of your service rules (under the state education rules) may be an option, as pointed out by Shri Umakanthan, Addl LC (Rtd) above. There is a need to determine which rules will apply in your case, which may depend on whether the school is aided, unaided, or run by any society, etc. Only an advocate practicing in the area can help in these matters clearly.
Regards,
From India, Bangalore
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Legal Perspective on Teacher Termination
A teacher is not considered a workman, as decided by the High Court of Kerala in Venkataraman vs Labour Court (1982 I LLJ 454 KER). In Ms. Sundarambal vs Govt of Goa, Daman and Diu & others (1989 I LLJ 61 SC), the Supreme Court also held that a teacher is not a workman, although the school is an industry. Therefore, remedies under the Industrial Disputes Act 1947 (such as intervention by a Labour Officer or Labour Court) may not be available to you.
Alternative Legal Options
Invoking the appellate provisions of your service rules (under the state education rules) may be an option, as pointed out by Shri Umakanthan, Addl LC (Rtd) above. There is a need to determine which rules will apply in your case, which may depend on whether the school is aided, unaided, or run by any society, etc. Only an advocate practicing in the area can help in these matters clearly.
Regards,
From India, Bangalore
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You are right; it all depends upon the contract. Here, we are privy to only one side of the story. We do not know what the school's version would be. Let me give a couple of examples from my knowledge of academic areas in the UK.
Example 1: Mathematics Teacher Assigned to Religious Education
A person was employed as a mathematics teacher for 11 to 16-year-olds. One year, when they were short of staff for religious education, a maths teacher was assigned to teach. She told them that she did not know much about other religions other than her own. The Head Master told her to do the best that she could do. She did it, and the HM appreciated the effort. The teacher did not think it was demeaning to her to teach the first year when she was supposed to teach Mathematics to the top class.
Example 2: MBA Tutor Assigned to Lower-Level Finance Class
In another case, an MBA tutor for Strategic Management was asked to teach Finance for Higher National Certificate students (not even undergraduate level). He did not think it was demeaning to teach at that level. I think when we consider teaching a lower-level class demeaning, we may not put in our full effort and may be working well below our potential. If the institution has a policy of sacking even permanent staff without giving a reason, as in this case, they may get rid of an uncooperative tutor.
As I am not privy to all the information of this particular case, I am not making any comments other than to advise the person to see a lawyer to understand where he or she stands.
Regards
From United Kingdom
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Example 1: Mathematics Teacher Assigned to Religious Education
A person was employed as a mathematics teacher for 11 to 16-year-olds. One year, when they were short of staff for religious education, a maths teacher was assigned to teach. She told them that she did not know much about other religions other than her own. The Head Master told her to do the best that she could do. She did it, and the HM appreciated the effort. The teacher did not think it was demeaning to her to teach the first year when she was supposed to teach Mathematics to the top class.
Example 2: MBA Tutor Assigned to Lower-Level Finance Class
In another case, an MBA tutor for Strategic Management was asked to teach Finance for Higher National Certificate students (not even undergraduate level). He did not think it was demeaning to teach at that level. I think when we consider teaching a lower-level class demeaning, we may not put in our full effort and may be working well below our potential. If the institution has a policy of sacking even permanent staff without giving a reason, as in this case, they may get rid of an uncooperative tutor.
As I am not privy to all the information of this particular case, I am not making any comments other than to advise the person to see a lawyer to understand where he or she stands.
Regards
From United Kingdom
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I think the questioner is not interested in answering my question. Most of the answers so far have unanimously agreed that the wrongful termination of the teacher is worth fighting, but the suggested solutions seem contradictory to me. As mentioned by some members, the current legal position is that although education is considered an industry, teachers are not classified as workmen. Since the school is a mission school run by a religious minority, the teacher cannot seek redress under the Labour Legislation for wrongful dismissal. The only possibility for him/her is invoking the writ jurisdiction of the High Court. However, as we know, no writ will lie against a private person or body.
Therefore, it is my personal opinion that first, an appeal should be preferred under Section 22(3) of the West Bengal Board of Secondary Education Act, 1963, to the Appeal Committee constituted under Section 18(d) of the Act, and the outcome awaited. If it is favorable, it is okay; otherwise, a writ petition can be filed under Article 226 against the Appeal Committee under the WBBSE Act and the management of the school as well as respondents. Let the questioner weigh this option in consultation with a lawyer specialized in service matters.
From India, Salem
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Therefore, it is my personal opinion that first, an appeal should be preferred under Section 22(3) of the West Bengal Board of Secondary Education Act, 1963, to the Appeal Committee constituted under Section 18(d) of the Act, and the outcome awaited. If it is favorable, it is okay; otherwise, a writ petition can be filed under Article 226 against the Appeal Committee under the WBBSE Act and the management of the school as well as respondents. Let the questioner weigh this option in consultation with a lawyer specialized in service matters.
From India, Salem
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Termination from Employment.pdf