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ACHAL PODDAR   12 April 2017

Forced resignation from Job

I am a teacher and I was teaching in a school for last 12 years. 4 months ago I was alleged to some complains against me and I have been forced by the Principal to resign. I have resigned at that time but now I am realising that I shouldn't have done that. I want to move labour court for justice. My query to you ....Is there any time limit to file a case in under labour laws? Am I eligible to file a case after 4 months against my school? Please advise....


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 8 Replies

Kumar Doab (FIN)     12 April 2017

The onus to prove that you were forced to resign may fall upon you.

You may need to establish why suddenly after 4 months you are alleging you were forced to resign.

Teachers are not covered by the def. of ‘Workman’ as in ID Act.

Kumar Doab (FIN)     12 April 2017

You may have to approach; ‘Educational Tribunal’ in your state.

What were the complaints against you?

Were any stinker, memo, SCN issued to you and inquiry conducted per rules of the establishment?

Discuss in person with a very able counsel specializing in service matters at your location before you initiate litigation.

Kumar Doab (FIN)     12 April 2017

I am sending some links to you.

GO thru these and pick up relevant points.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 April 2017

send a legal notice to the school principal and get to know why you were resigned forcebly ?

 

Ritesh Maity (Labour Law Advocate)     13 April 2017

1. Immediately without any delay send a letter/ legal notice to the school stating that you were forced to give resignation and want to withdraw it immediately so that you can join the service. 

2. Wait for fews days, and send a reminder

3. Then you may approach the labour commissioner with complaint in failure of clause 1 and 2 above. 

 

As far as I know Teachers are not workman under Industrial Disputes Act hence cannot come under the purview of labour law. - A. Sundarambal v. Govt. of Goa, Daman & Diu [(1988) 4 SCC 42] 

Kumar Doab (FIN)     13 April 2017

Teachers are not covered by the def. of ‘Workman’ as in ID Act.

You may have to approach; ‘Educational Tribunal’ in your state.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     14 April 2017

After following other formalities as suggested by my other ld. friends, file a case before school tribunal of your state if it exists or functions or file civil suit for damages.In some HCs writ petitions are allowed, but in your case it is difficult because there exists disputed question of fact.

Kumar Doab (FIN)     14 April 2017

Discuss in person with a very able counsel specializing in service matters at your location before you initiate litigation, and understand merits.


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