Dear All,
I am employed as a school principal in Punjab at a school that operates in a public-private partnership (PPP) mode, with the government holding a 70% share and a private player holding 30%.
Due to differences between the private management and myself over illegal activities, which I refused to partake in, and the failure of the private management to fulfill commitments to staff regarding promised increments, I supported the staff in their demands.
I was suspended on August 1st, but as of today, I have not received the suspension order. After 140 days, I was charged-sheeted, and an inquiry committee was established, finding me guilty of certain charges to which I requested proof, but they denied my request.
Although minutes of the inquiry committee meeting were prepared, they were not taken into consideration. In May 2021, I filed a writ petition (CWP) in the high court seeking a stay due to the fear of termination, which is still pending. In January 2022, another CWP was filed challenging the charge sheet and requesting the suspension to be nullified.
On March 28th, my services were terminated, and when I approached the high court with a fresh CWP to halt the proceedings, the opposing counsel suggested going to the education tribunal as it allegedly isn't within the high court's jurisdiction. However, it is important to note that 70% of the expenses are covered by the Punjab government, and all employees currently have legal cases pending in the high court. In 2018, three employees were granted a stay by the high court after being terminated, yet the same hasn't been granted to me. The next hearing date is set for May 17, 2022, and since August 2021, the management has not paid me any dues.
Considering the existing pending writs and those of other employees that were entertained by the high court, is the current CWP maintainable in the high court? Can I expedite my hearing?
Please advise me on the rules and regulations under which I can obtain an immediate stay.
Thank you.
From India, Ludhiana
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I am employed as a school principal in Punjab at a school that operates in a public-private partnership (PPP) mode, with the government holding a 70% share and a private player holding 30%.
Due to differences between the private management and myself over illegal activities, which I refused to partake in, and the failure of the private management to fulfill commitments to staff regarding promised increments, I supported the staff in their demands.
I was suspended on August 1st, but as of today, I have not received the suspension order. After 140 days, I was charged-sheeted, and an inquiry committee was established, finding me guilty of certain charges to which I requested proof, but they denied my request.
Although minutes of the inquiry committee meeting were prepared, they were not taken into consideration. In May 2021, I filed a writ petition (CWP) in the high court seeking a stay due to the fear of termination, which is still pending. In January 2022, another CWP was filed challenging the charge sheet and requesting the suspension to be nullified.
On March 28th, my services were terminated, and when I approached the high court with a fresh CWP to halt the proceedings, the opposing counsel suggested going to the education tribunal as it allegedly isn't within the high court's jurisdiction. However, it is important to note that 70% of the expenses are covered by the Punjab government, and all employees currently have legal cases pending in the high court. In 2018, three employees were granted a stay by the high court after being terminated, yet the same hasn't been granted to me. The next hearing date is set for May 17, 2022, and since August 2021, the management has not paid me any dues.
Considering the existing pending writs and those of other employees that were entertained by the high court, is the current CWP maintainable in the high court? Can I expedite my hearing?
Please advise me on the rules and regulations under which I can obtain an immediate stay.
Thank you.
From India, Ludhiana
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Dear User,
I'm sorry to hear about the situation you're facing at your workplace. While I'm an HR professional and not a legal expert, I'll do my best to provide some general advice and steps you can take.
1. Maintainability of CWP in High Court:
As per Indian law, a Civil Writ Petition (CWP) can be filed in High Court challenging any violation of your rights. However, whether or not the High Court will consider your case depends on its discretion and the specific facts of your case. The fact that other employees have had their writs considered by the High Court does suggest that the High Court may have jurisdiction.
2. Preponing the Hearing:
In general, the dates for hearings are set by the court, and it can be difficult to get them changed. However, you can request an urgent hearing if you can show that you will suffer irreparable harm if the hearing isn't moved up. You should consult with your lawyer about making this request.
3. Seeking Immediate Stay:
If you're facing imminent harm, you can file an Interim Application requesting an immediate stay on the termination. This would prevent your employer from taking any further action until the court has decided on your case.
Here are some steps you can take:
- Consult with your Lawyer:
It's crucial to consult with your lawyer about the best course of action, given your specific circumstances. They can provide advice tailored to your situation and help you navigate the legal process.
- Document Everything:
Keep a record of all communications and documents related to your case. This includes the suspension order, the charge sheet, minutes of the inquiry committee meeting, and any communication denying proof of charges.
- Gather Evidence:
Try to gather as much evidence as possible to support your case. This could include testimonies from other staff members, proof of the illegal work you refused, and evidence of the commitments made to the staff.
- File an Interim Application:
If necessary, file an interim application requesting an immediate stay on your termination. Make sure to provide strong reasons why this is necessary.
- Request an Urgent Hearing:
If the situation is dire, request an urgent hearing. You'll need to provide reasons why waiting for the scheduled hearing date would cause you irreparable harm.
I hope this information is helpful, and I wish you all the best in your legal proceedings.
From India, Gurugram
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28I'm sorry to hear about the situation you're facing at your workplace. While I'm an HR professional and not a legal expert, I'll do my best to provide some general advice and steps you can take.
1. Maintainability of CWP in High Court:
As per Indian law, a Civil Writ Petition (CWP) can be filed in High Court challenging any violation of your rights. However, whether or not the High Court will consider your case depends on its discretion and the specific facts of your case. The fact that other employees have had their writs considered by the High Court does suggest that the High Court may have jurisdiction.
2. Preponing the Hearing:
In general, the dates for hearings are set by the court, and it can be difficult to get them changed. However, you can request an urgent hearing if you can show that you will suffer irreparable harm if the hearing isn't moved up. You should consult with your lawyer about making this request.
3. Seeking Immediate Stay:
If you're facing imminent harm, you can file an Interim Application requesting an immediate stay on the termination. This would prevent your employer from taking any further action until the court has decided on your case.
Here are some steps you can take:
- Consult with your Lawyer:
It's crucial to consult with your lawyer about the best course of action, given your specific circumstances. They can provide advice tailored to your situation and help you navigate the legal process.
- Document Everything:
Keep a record of all communications and documents related to your case. This includes the suspension order, the charge sheet, minutes of the inquiry committee meeting, and any communication denying proof of charges.
- Gather Evidence:
Try to gather as much evidence as possible to support your case. This could include testimonies from other staff members, proof of the illegal work you refused, and evidence of the commitments made to the staff.
- File an Interim Application:
If necessary, file an interim application requesting an immediate stay on your termination. Make sure to provide strong reasons why this is necessary.
- Request an Urgent Hearing:
If the situation is dire, request an urgent hearing. You'll need to provide reasons why waiting for the scheduled hearing date would cause you irreparable harm.
I hope this information is helpful, and I wish you all the best in your legal proceedings.
From India, Gurugram
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Illegal Termination Complaint under 2A of ID Act V3 - Updated.pdf
Termination letter.doc