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An employee removed not by way of penalty may move to Tribunal

Raj Kumar Makkad ,
  28 June 2010       Share Bookmark

Court :
Delhi High Court
Brief :
Compulsory retirement of a teacher in unaided private school - Delhi School Education Act, 1973 - Whether a teacher in a recognized unaided private school can be compulsorily retired under Fundamental Rule 56(j) and not by way of penalty?
Citation :
Smt. Leela Sharma v. Govt. of NCT of Delhi & Ors. (Decided on 02.06.2010)

Held, an order of compulsory retirement is an important tool to keep any organization vibrant and to prevent its clogging and decay by the sheer weight of long standing employees who have ceased to be the dynamos to propel the organization further and for achieving its goals. The same enables the employer to, after the employee has worked for a certain number of years and / or has attained a certain age but before the age of superannuation, remove him. It is often found that certain employees after putting in considerable number of years of service lose their sheen and no longer remain productive. Their continuance in service is of no use to the organization. Section 8(3) of the School Act provides that any employee of a recognized private school who is dismissed, removed, or reduced in rank may appeal against such order to the Tribunal constituted under the School Act. Compulsory / pre-mature retirement results in removal from service. On a plain reading thereof the remedy of approaching the Tribunal would be available to an employee compulsorily retired not by way of penalty under the School Act but for the reason of it being so in public interest.


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Published in Labour & Service Law
Views : 1587


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