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Dear all, Please note that posting a query in multiple threads causes unnecessary problems for all. I have combined two threads into one here.
From United Kingdom
From United Kingdom
The teachers are not workmen under ID Act.The RTI Act is also not applicable to private unaided schools. Varghese Mathew 09961266966
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear Madam,
You give in writing to your school authority that if you are not going to take me on job within month, I will sue you in the court.
You have all the paper of appointment, confirmation and bank statement of salary transfer in your account.
If they are not deducting you PF and ESI they are in fault.
You can sue them on this.
Once you do case, the labour dept will audit whole personnel dept.
Every school are following illegal system of lower staff like peon and others.
Once you will do case, your management will realize that no one can force an employee to leave organisation without notice period and domestic enquiree.
From India, Vadodara
You give in writing to your school authority that if you are not going to take me on job within month, I will sue you in the court.
You have all the paper of appointment, confirmation and bank statement of salary transfer in your account.
If they are not deducting you PF and ESI they are in fault.
You can sue them on this.
Once you do case, the labour dept will audit whole personnel dept.
Every school are following illegal system of lower staff like peon and others.
Once you will do case, your management will realize that no one can force an employee to leave organisation without notice period and domestic enquiree.
From India, Vadodara
I feel, in case you settle all dues from 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 service certificate etc. But in case you decide to challenge the termination, this may not be done.
Teacher is not a workman as decided by High Court of Kerala in Venkataraman vs Labour Court (1982 I LLJ 454 KER). In Ms. Sundarambal vs Govt of Goa, Daman and Dieu & others (1989 I LLJ 61 SC), Supreme Court also held that teacher is not a workman, though School is an industry. Hence, remedies under Industrial Disputes Act 1947 (intervention of Labour Officer, Labour Court etc.) may not come to your help.
Invoking 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 find out which rules will apply in your case (may depend on whether school is aided, unaided, run by any society etc.), and only an advocate practicing in the area can help in these matters clearly.
From India, Bangalore
Teacher is not a workman as decided by High Court of Kerala in Venkataraman vs Labour Court (1982 I LLJ 454 KER). In Ms. Sundarambal vs Govt of Goa, Daman and Dieu & others (1989 I LLJ 61 SC), Supreme Court also held that teacher is not a workman, though School is an industry. Hence, remedies under Industrial Disputes Act 1947 (intervention of Labour Officer, Labour Court etc.) may not come to your help.
Invoking 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 find out which rules will apply in your case (may depend on whether school is aided, unaided, run by any society etc.), and only an advocate practicing in the area can help in these matters clearly.
From India, Bangalore
For academic interest please read the decision of Karnataka HC in B Vijaya Kumari Pillai v. Mgmt of IISC Bangalore (2012 CLR 529 Karn H.C) which held , by relying on several SC decisions , that educational institution like IISC is not 'industry' under I D Act.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
Varghese Mathew
09961266966
From India, Thiruvananthapuram
Dear All
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 are in the UK.
A person was employed as a mathematics teacher for 11 to 16 years old. One year when they were short of staff for religious education, a maths teacher was assigned to teach. She told them that she does 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.
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 think that teaching a lower level class is demeaning, we may not put our full effort and may be working well below our potential. And if the institution has a policy of sacking even permanent staff without giving reason, as in this case, they may get rid of a 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 where (s)he stands.
From United Kingdom
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 are in the UK.
A person was employed as a mathematics teacher for 11 to 16 years old. One year when they were short of staff for religious education, a maths teacher was assigned to teach. She told them that she does 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.
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 think that teaching a lower level class is demeaning, we may not put our full effort and may be working well below our potential. And if the institution has a policy of sacking even permanent staff without giving reason, as in this case, they may get rid of a 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 where (s)he stands.
From United Kingdom
Dear, The same happened with one of the most prestigious schools in Delhi run by Army wives welfare association, the proceedings are still in court for the past 4 years, with no outcome till date.
From India, Delhi
From India, Delhi
I think the Questioner is not interested in answering my question.Most of the answers so far poured in are unanimous that the wrongful termination of the teacher is worth fighting but the ways out suggested seem to me contradictory.As told by some members that the legal position obtaining as of now is that though education is an industry, teachers are not workmen.Since the school is mission school run by a religious minority and the teacher can not seek redress under the Labour Legislation for wrongful dismissal, only possibility for him/her is invoking the writ jurisdiction of the High Court.But, as we are aware no writ will lie against a private person or body.Therefore, it is my personal opinion that first an appeal should be preferred u/s 22(3) of the West Bengal Board of Secondary Education Act,1963 to the Appeal Committee constituted u/s 18(d) of the Act and the out-come awaited; if it is favourable, it is okay; otherwise, a writ petition can be filed under Art.226 against the Appeal Committee under the WBBSE Act and the mangement of the school as well as respondents.Let the questioner weigh this option in consulation with a Lawyer specialized in service matters.
From India, Salem
From India, Salem
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Illegal Termination Complaint under 2A of ID Act V3 - Updated.pdf
Termination letter.doc