Wrongful termination of service

You have posted that:

“A few months ago my service (of over 3 years) was wrongfully terminated on grounds of "deemed to have resigned voluntarily" although I had applied for leave in writing in advance. There was no resignation from my side. The entire period of absence was 15 days. No inquiry was conducted and I was not given an opportunity of a hearing prior to termination. My last salaries remain unpaid. I have all the required documentary evidence. Repeated requests/appeals to the college management and the University have failed to evoke any positive response.”

The leave application was for how many days? Do you have proof of dispatch, POD of leave application? Was the application acknowledged? Was the leave refused verbally/in writing? Were you asked to join duty verbally/in writing?

If you had submitted the leave application then why have you stated that the period of absebce was 15 days?

Is it mentioned in appointment letter that your service conditions shall be governed by say: HR policy/Service Rules and regulations/Conduct and discipline Rules? Do you have its copy and also copy of leave policy? Is it stated  in any of the rules and policy that if you are absent for …………….days you will loose lien on employment and service can be terminated?

Was any memo/stinker/show cause notice issued and supplied to you?

Apparently your last salary has been adjusted against notice period.

Has any FnF statement, service certificate,releiving letter,form 16,salary slip of last month and all months,Form16 been supplied to you?

Do you have copies and proof of dispatch, POD of all communications that you have sent to college,Univ.etc? You have mentioned that you have not received any positive response!

 Did you receive any response at all, even if not positive?

Do you copy of service conditions advocated by the Univ. with which it is affilliated and as envisaged under State Education Act?

Are you a member of any Taecher’s Forum/Unions etc?

You may consult an able labor Law Consultant/Service matters lawyer/Law firm with copies of all documents on record and proceed further under expert advise of your lawyer.

The leave was applied through email and was subsequently acknowledged. The leave request was turned down in writing and I was asked to report for duty, even though my lectures and academic duties were suspended at that time. 

I must present the context here. I had applied for leave as a show cause notice had been issued to me in another matter and my academic duties were suspended. Prior to my leave application, I had been publicly humiliated, thretened with expulsion, and asked to immediately leave the campus by the Executive Director. Hence to protect myself from further humiliation and threats/harm, I had requested for leave pending outcome of the matter/inquiry. No inquiry was however conducted. My leaves were treated as unathorized absence. The Campus Director (not the competent authority) warned me that sanction of leave is the prerogative of the management and asked me to report to duty, even as my duties remained suspended. My written requests for restoration of my academic duties were not replied to. Within 15 days of my leave application, my service was terminated.

No FnF settlement etc. has been supplied to me. 

In response to my notice to the Chairman for restoration of my service, he levelled fresh charges and insisted on conducting a hearing with himself in judgement. His involvement and neutrality in the matter is questionable and his act of levelling fresh charges after the termination convinced me that I would not get a free and fair hearing from him. I did not attend the said hearing as it was vitiated and set up after the termination merely to complete a formality.

I appealed to the University and state govt. under applicable sections (u/s 42 and 26 resp.) for appeal and inquiry in the university act (attached), but received no response. 

I am not a member of any teachers' forum/association, etc.

All the communication is in writing along with POD.

Can I file a writ petition with the HC or need I agitate my rights in a civil court?

This college is in Dehradun. Can you suggest an expert in such matters in Dehradun/Nainital region?

The college leave policy says that "sanction of leaves is the prerogative of the management and anyone whose leave is not sanctioned will be treated as ABSENT and the period of absence will be considered as discontinuation in service. Re-joining will be allowed only under the specific approval of the Director."

Pls. keep in mind that AICTE and University rules apply on approved and affiliated technical institutions. College rules cannot be in contravention to the AICTE/University rules.

No need to tell me atleast that.................AICTE and University rules apply.........................College rules cannot be in contravention to the AICTE/University rules.

I have been posting it for many years.

All docns on record need to be thoroughly examined. You should spend quality time with your counsel.

Some remedy might be possible.

It might have been stated in service rules/conduct and discipline rules that you can be assigned duties other than academics etc..........................in case a SCN is issued!

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/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.

You have posted that:

"I had been publicly humiliated, thretened with expulsion, and asked to immediately leave the campus by the Executive Director. "

Did you minute it? 

Did the employer/Manaegrs reply to it?

If you are asked to leave then the question arises what was the reason and need for any leave or claim 'Volountary Resignation'?

I narrated the entire incident in detail (including ED's suspension of my academic duties, threats, and order to leave the campus) in my reply to the show cause notice. The management did not reply to it.

I was aksed to leave the campus by the ED but he is not the competent authority nor member of the governing body. The Director, who is the actual competent authority, did not issue any such order. In fact, even the termination order has been issued by a person other than the competent authority and hence has no locus standi in the matter.

I applied for leave because the ED is very powerful and influential and could have caused any kind of harm to me if I went back without the matter of SCN being resolved.  

You have the option to  approach lawful authortiy/court of law.

After all court and state is 'Parens Patriae': parent to the nation.

Can you pls. go through the section 26 of UTU Act 2005 (attached, p33) and advise whether this section provides for the state govt. to take up this matter, set up an inquiry and rule with the powers of the  civil court?

By now you have understood that the matter that you have on your hands :::It is a voluminous work.

This should be handled carefully.

The quality time should be spent.

The bits and pieces won’t help you.

Beyond this for your own good you should prefer ‘Paid Consultation’ and quality time and consultation from your counsel.

I am interested in "paid consultation". May I have your quote/terms, etc.?

Your posts  have been upfront and bold.I have started liking your posts.

Let me look at my other occupations and see if I can spare time and energy.

In the meantime try to have a local lawyer.

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