Mahi 01 August 2017

Service matter: termination

I wrongly got retrenched from my permanent service at a University. I approached High Court for reinstatement (both single bench and then divison bench), but unsuccessful. As my next action, I am thinking the following alternatives:

1. Approach to the same division bench praying for reiew petition. What is the time limit? Should I have to file within ONE MONTH from the date of receiving the certified copy of the last order? I want to file peronally without a lawyer. This is because I am unemployed at the moment and low income. Can anyone please provide me the draft / format of such review petition?

2. Approach to the Labour Court a-fresh. Is that possible according to law?

3. Approach my employer directly praying for reinstatement. If unsuccessful, proceed to the Labour Commisioner and then if required, proceed to the Labour Court.

I shall be highly obliged of anyone can kindly advise me.

Thanks

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5 Replies

P. Venu (Advocate) 01 August 2017

"Retrenchment"? Only an industrial establishment retrenches its employee, not a University. Please post the 'rel' facts.

Kumar Doab (FIN) 01 August 2017

Is it an old matter posted by you for servic erelated matter of a teacher!

Kumar Doab (FIN) 01 August 2017

Pls respond to valid point raised by Mr. P.Venu.

Dr J C Vashista (Advocate) 02 August 2017

What is the opinion and advise of your lawyer sailing you through High Court?

Why do you need second opinion on the issue on the basis of limited information and without showing complete case flie?

What for do you expect coaching on this platform qua limitation for review, time taken in procurement of certified copy etc. which you intend to file as "petitioner in-person"?

Irrelevant debate on next questions, just for time-pass by an unemployed person???

Kumar Doab (FIN) 02 August 2017

It is vaguley remembered that in case of Teacher it was pointed out that a Teacher is not covered as 'Workman' as in ID Act and recourse theu Educational Tribunal may be explored.....and a very able senior local counsel of unshakable repute and integrity specializing in service matters may be approached....