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adityaram   05 June 2015

Can service be terminated because of poor student admission

Hi,
I joined a private engineering college(approved by AICTE and affilitated to state Technical University) in june 2005.After 1 year of probation,my service was confirmed in june 2006.
My service record was very good. I got promoted from Lecturer to Senior Lecturer and then to Assistant Professor during my 8+ years of service.

My service is terminated in 12th October 2013 because of poor student admission in the college. In fact half of the faculty members' service was teminated.(Although some of them are very good teachers).

The exact words in the letter  are

"we are constrained to intimate you that during academic year 2013-2014,the admission of students in MCA course is very much unsatisfactory.As the market trend shows,the intake of students in coming  years may be worse.
      You will appreciate that it will not be prudent on the part of the institution to retain all the faculty members in the department particularly,when number of students have reduced and as such, we have no other alternative but to discontinue your services with effect from 12th October 2013.
However 1 month advance salary shall be paid to you and security deosit if held shall be released in due course subject to submission of clearance certificate from  all concerned
"

My questions are

  1.  Is it a valid reason for temination? There is no such clause for service termination in my appointment letter or  service confirmation letter.
  2.  Can I file a case against  it after  1 year 8 months?
  3. My appointment letter(issued in june 2005) clause says give  1 month notice/1 month salary where as   service confirmation letter(issued in june 2006) says  3 month notice/3 month salary in case if termination or resignation. As I received only 1 month salary ,Can I claim  for other 2 month salary?
  4. What is the criteria for selction when half of the faculty strength will be cut off ?


Learning

 14 Replies

Kumar Doab (FIN)     05 June 2015

Does the college have any sales/Maktg team/recruiters etc to propspect the students?

Is it any of your responsibility to bring students to college for new admission?

 

Ideally the concerned personnel should have ben counselled.

 

It is a competitive industry and colleg authorities have to compete.

You are terminated citing indirect loss/unavailibility of revenue.

 

The limitation in your case might be 3 years.

You can claim 2 months salary, correct FnF statement showing all payables by college e.g. earned wages/notice pay/OT/leave encashment/Bonus /reimbursments etc,service certificate,relieving letter, Form16, NOC/NDC etc............

 

Proceed further under expert advise of Labor Law Consultant/Service matters lawyer/law firm.

 

 

adityaram   06 June 2015

The college has its own marketing team.

It is not faculty members' responsibility to bring new students.

Can I file a case against  it after  1 year 8 months of termination?

adityaram   06 June 2015

How can the college predict the furure market trend?

This year admission is good in the college.

Kumar Doab (FIN)     06 June 2015

The limitation in your case might be 3 years.

 

Proceed further under expert advise of an able Labor Law Consultant/Service matters lawyer/law firm.

adityaram   06 June 2015

Please explain the sentence

"The limitation in your case might be 3 years."

Kumar Doab (FIN)     06 June 2015

File case within 3years.After 3 years your case may be barred by limitation.

 

After going thru your posts it is reiterated that you may Proceed further under expert advise of an able Labor Law Consultant/Service matters lawyer/law firm dealing in labor law-service matters.

adityaram   07 June 2015

Can you suggest some good Laywer on service matter in Bhubaneswar?

Kumar Doab (FIN)     07 June 2015

Labor Law/Service matters is altogether different field of law and in each city there are a few counsels that specialize in it. They are well known and usually such matters are referred to them. The local DBA office bearers can guide you. Your near and dear ones, Teacher's Associations, staff association leaders  can guide you.

 

You may choose a counsel that stands from employee's side and is not on the pannel of the college.

 

You can visit civil court/Labor Court/High Court and make inquiries.

 

 

If you wish to seacrh in LCI databank you can conduct search at:

 

https://www.lawyersclubindia.com/lawyers_search/#.VW783lJ-hkg

 

You can approach a law firm dealing in service matters also.

 

If you wish you can send your contact details by PM.

 

You shall have to settle your T&C,fee etc with your lawyer on your own.

 

 

Sudhir Kumar, Advocate (Advocate)     07 June 2015

  1.  Is it a valid reason for temination? There is no such clause for service termination in my appointment letter or  service confirmation letter.

fall in business is valid ground to retrench workman (not terminate). SUhc termination can be treated as retrenchment if challnaged before court.

  1.  Can I file a case against  it after  1 year 8 months?

 

you are yet to lose limitations

 

  1. My appointment letter(issued in june 2005) clause says give  1 month notice/1 month salary where as   service confirmation letter(issued in june 2006) says  3 month notice/3 month salary in case if termination or resignation. As I received only 1 month salary ,Can I claim  for other 2 month salary?

 

yes.  you can also claim the status of retrenched employee.

 

  1. What is the criteria for selction when half of the faculty strength will be cut off ?

 

not udnerstood what do you mean

Kumar Doab (FIN)     07 June 2015

Teachers are not covered as 'Workman'.

Spend quality time with your counsel.

adityaram   08 June 2015

"What is the criteria for selction when half of the faculty strength will be cut off ?"

By this I mean when half of faculty members are terminated, what is criteria for victim selection?

like seniority,performance..etc.

My performance is good  and I am one of the senior faculty member.

Is justified to terminate senior member keeing juniors?

Is  justified to terminate good performer keeping poor performers?

adityaram   08 June 2015

According to AICTE the student teacher ratio shuld be 1:15.

The college normally mentains the ratio 1:40. At the time of temination it was 1:25.

So clearly the college's financial condition was not that bad.

Sudhir Kumar, Advocate (Advocate)     08 June 2015

Originally posted by : adityaram
According to AICTE the student teacher ratio shuld be 1:15.

The college normally mentains the ratio 1:40. At the time of temination it was 1:25.

So clearly the college's financial condition was not that bad.

LAST TO COME FIRST TO GO

Kumar Doab (FIN)     08 June 2015

Teachers are not covered as 'Workman', therefore don't harp  on 'Last to come first to go'.

Student ;Teacher ratio is no criteria for finacial health.

Although as per your post it seems tobe aviolation of AICTE guidelines.

 

Spend quaslity time with your counsel.


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