I was working as a professor in an unaided engineering college near Vadodara affiliated with Gujarat Technological University, recognized by A.I.C.T.E. of India. I had to undergo orthopedic surgery due to a hip joint fracture in March 2014. I applied for a three-month medical leave for recovery. Due to another medical problem, I applied for further medical leave. As I did not have any balance of any kind of leave, I opted for leave without pay.
During September 2014, when I approached the college management to rejoin duty with a fitness certificate from the surgeon, I was not allowed to join my duty and was verbally terminated without receiving any reason in writing. I was then verbally informed that the university had some complaints about my exam duties as a senior supervisor. I wrote to the university about my complaint. The university informed me that there were no complaints. Nevertheless, I was verbally terminated. I then requested the management to provide me with a relieving cum experience certificate so that I could find another job in another college. I had just turned 60 years old two months back, i.e., in July 2014. As per the Sixth Pay Commission, the retirement age of a professor was 62 years. I continued to request the same, but it was not provided. Additionally, I had to struggle to receive my gratuity for four years.
I have already filed a case in the Gujarat Educational Institutions Services Tribunal, Ahmedabad, claiming 6th Pay Commission arrears and also back wages for two years as I could not approach any other college in the absence of an experience letter.
Can my case be considered as wrongful/illegal termination at the fag end of my service/career? Can verbal termination of a permanent employee due to long leave without pay due to orthopedic surgery be considered as wrongful/illegal termination and hence eligible for compensation/full back wages for the rest of the years?
From India, Vadodara
Acknowledge(0)
Amend(0)
During September 2014, when I approached the college management to rejoin duty with a fitness certificate from the surgeon, I was not allowed to join my duty and was verbally terminated without receiving any reason in writing. I was then verbally informed that the university had some complaints about my exam duties as a senior supervisor. I wrote to the university about my complaint. The university informed me that there were no complaints. Nevertheless, I was verbally terminated. I then requested the management to provide me with a relieving cum experience certificate so that I could find another job in another college. I had just turned 60 years old two months back, i.e., in July 2014. As per the Sixth Pay Commission, the retirement age of a professor was 62 years. I continued to request the same, but it was not provided. Additionally, I had to struggle to receive my gratuity for four years.
I have already filed a case in the Gujarat Educational Institutions Services Tribunal, Ahmedabad, claiming 6th Pay Commission arrears and also back wages for two years as I could not approach any other college in the absence of an experience letter.
Can my case be considered as wrongful/illegal termination at the fag end of my service/career? Can verbal termination of a permanent employee due to long leave without pay due to orthopedic surgery be considered as wrongful/illegal termination and hence eligible for compensation/full back wages for the rest of the years?
From India, Vadodara
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Published_draft _rules_on Employees_ compensation 3.6.2020.pdf
Compensation Benchmarking Survey.doc