Amit Kumar Bhatia (Teacher Computer Science) 16 December 2014

Ermination from job

Dear All

Me and My wife are working in a school in rajasthan since april 2010. We have given very good results and have worked with more than 100% efficiency. The kind of profile I carried thoughout this working period is not carried by any one. Now the management is forcing us to resign or they say that they will terminate as our Gratuity will be matured soon. We have no complaints against us, no memos even and they do not have even a single reason to terminate us. My question is this that....

Are they eligible to terminate us without any prove or reason.

Are we eligible for gratuity... (As they are doing so to save the gratuity amount.)

Kindly guide us and please tell how strong is our front if we go to the legal way.

Also tell if they terminate us... can we have the court stay and how long will it take to get the stay.

Thanks

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4 Replies

Sudhir Kumar, Advocate (Advocate) 18 December 2014

let them terminate you without justification so that you can challange the same in court. On resignation you have no ground to challange.

Jai Karan Nagwan (consultant) 19 December 2014

If management has thought they are surely going to implicate on one or other reason. Best way file representation through proper channel and express your apprehension in writing through representation. Please mind you need to express your apprehension and not any implication against anyone. At the same time, you should think ten times before initiating any action.

Kumar Doab (FIN) 21 December 2014

Gather irrefutable evidence: audio/visual/witnesses and build proper written record in writing under proper acknowledgment......

The employee's unions/Trade unions,officials under State Education Act, Board/Univ with which it is affiliated can be approached........

You seem to have spent 240days in 5th year hence should be eligible for Gratuity ........................

You may also refer to Sec9: Payment of Gratuity Act and 'WHOEVER'.......................stated in it and penalty with punishment......................imprisionment provided for in it........

Forcing to resign is offence however onus to prove may fall upon you............................hence build evidence.......

T. Kalaiselvan, Advocate (Advocate) 24 December 2014

If for the reasons cited in the appointment letter or offer letter, the management decides to go ahead with their proposal to terminate you, if the cited clause for termination satisfies the circumstances, you may not hold ground to challenge it, however, better do not budge to the employer's pressure to resign the job on your own, allow them to take action and then challenge it on the grounds you find it proper to challenge.