Thrown out of the job
Omkar Bhat
(Querist) 11 June 2014
This query is : Resolved
Good evening. I have been working as a lecturer in a polytechnic from past 7 and half years. On 9th of this month they terminated me saying you are a access staff and less admission in the college. They did not give me even a notice. There was no break in the service since appointment and I was getting PF facility also. But they did not give me appointment order while appointing, but they gave appointment order to AICTE and I have the soft copy of the same. Also they gave less than AICTE basic pay to me during these period. Now can I fight against this? Please advice me.
Kumar Doab
(Expert) 11 June 2014
Yes you can.
Have you been terminated in writing or verbally?
Without wasting any time approach with all docs on record a competent and experienced Labor Consultant/Service lawyer-Law firm and discuss in person.
Teachers have not been accepted as ‘Workman’ as per various judgments.
The retrenchment may not be applicable.
Still the appointment letter, service rules and regulations do contain compensation applicable in case of retrenchment…………………and it won’t be less than notice period pay…………………
YOU may demand termination order in writing with reason of termination stated in it and announced to you in office verbally by Mr/Ms…………………on dated………………, hard copy of appointment letter duly signed by hand with seal of competent appointing authority, printed version of HR ploicy/service rules and regulations mentioned in appointment letter, correct FnF statement for verification and acceptance by you, payment of FnF wages by bank DD only, Form16 as per correct FnF statement, PF number a/c slips of each year of employment, ESIC card, Salary Slip of each month of employment, service certificate, certified copy of service card, relieving letter, NOC/NDC, Notice of determination of Gratuity, payment of Gratuity,…………etc be supplied to by redg. post……….so as to reach you within next say 7 days.
You are eligible for Gratuity.
You may also download the service conditions advocated by AICTE, and also State Education Act…………….
If possible and if suitable you may try to negotiate and instead of getting separated by termination order may offer to resign by
Notice of Resignation (not resignation with immediate effect)……………………………with full notice period stated in it, under proper acknowledgment……………………………….
The notice period tendered by employee can not be preponed or postponed by employer.
The employee can always withdraw notice of resignation before expiry of notice period and also before acceptance of resignation.
Rajendra K Goyal
(Expert) 11 June 2014
Well advised by the expert Kumar Doab ji.
Sudhir Kumar, Advocate
(Expert) 11 June 2014
agreeing with Mr Kumar Doab I would said that what did you do throughout 7 years when you were underpaid.
Raj Kumar Makkad
(Expert) 11 June 2014
Serve a legal notice and demand the arrears of the salary, gratuity, notice pay and gratuity failing which file a civil suit.
Omkar Bhat
(Querist) 13 June 2014
Thanks to all
Sir, I have been terminated verbally. Sir should I go to KAT or high court?
Raj Kumar Makkad
(Expert) 13 June 2014
You have not mentioned in your query whether your institute is private of Central Govt. department or any State without which your subsequent query cannot be satisfied.
Kumar Doab
(Expert) 13 June 2014
You may get in touch with President/Gen SEc of :
All India Federation of Polytechnic Teachers’ Organization (AIFPTO)
www.aifpto.com
that has affiliated many unions in states e.g; Kerala, Haryana,Uttrakhand, tamilnadu....
TELANGANA GAZETTED - POLYTECHNIC ALL LECTURERS’ ASSOCIATION
www.pala-tgs.org
http://upta.org.in/
http://www.gptsa.org/AboutUs.aspx
You can get access to printed versions of service conditions, pay scales,AICTE Act 1987...............
AICTE has issued the notification on revised pay scales and service conditions of the Teachers, Librarians and Physical Education Personnel of degree level private self-financing Technical institutions. (F.No.1-65/CD/NEC/98-99, dated MAY 3, 2000). Again a draft notification & gazette have been published by the AICTE prescribing the Sixth Pay Scales and Service Conditions of the teachers. (F.No.37-3/Legal/2010, dated 5 March, 2010)
While you have all relevant docs and service conditions on hand it shall help you.
It is also possible that the leaders may fetch you relief.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
I agree with the advises rendered by expert Mr. Kumar Doab, nothing more to add.
Omkar Bhat
(Querist) 14 June 2014
Sir,
Our college is Karnataka govt aided college. Our dept. is also aided, but my post is not approved. I was getting salary from management during these days. Few months back they filled up back log posts (2 posts). So now they are saying you are a access staff so you need not come. I requested a lot, but still the secretary is not listening.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
This is a persisting problem in Karnataka State especially the employees employed by the management running the educational institutions through out state face this kind of situations. You still have a chance to get relief if you are ready to initiate proper legal action against the management for which you have to approach a prudent lawyer practicing labor law in your locality and proceed as per his advise.
Kumar Doab
(Expert) 14 June 2014
The Secretary of your college is no doubt a seasoned guy…………
So far you have not able to handle him or achieve any handle on him.
Probably you have not recorded the episode of vernal termination (audio/visual) or have not minuted it too……………
The employer-employee relationship existed (or exits since no order of termination has been issued to you)
You may seek help from union leaders and more importantly from your lawyer and approach your lawyer with all record that you have.
The amounts that were paid less to you can be recovered provided you have evidence………
Gratuity is payable.
Reinstatement is matter that may become possible by your own efforts, thru union or court of law depending upon merits………………..
ALL INDIA FEDERATION OF POLYTECHNIC TEACHERS’ ORGANISATIONS (AIFPTO)
(Address: O/o PALA, Govt. Polytechnic, Masab Tank, Hyderabad)
Prabir Kumar Ghosh N. Chandra Shekhar
President General Secretary
All Karnataka Aided Polytechnic teachers association
http://www.karnatakaeducation.gov.in/pdf_files/AICTE%20PAY%20SCALE%20FOR%20POLYTECHNIC.pdf
The associations do good jobs:
Polytechnic teachers affiliated to All Karnataka Aided Polytechnic teachers association and staff went on strike in Hubli
http://timesofindia.indiatimes.com/articleshow/14240364.cms?
Staff of polytechnics have not received salary for six months
http://www.hindu.com/2008/02/04/stories/2008020454420300.htm
You may also go thru:
Revised Pay Scales, 2010 – Government and Government Aided Polytechnic Colleges – Revision of Scales of Pay and Allowances etc to the teachers and equivalent cadres in Government and Government Aided Polytechnic Colleges governed by All India Council for Technical Education – Orders – Issued. http://www.tndte.com/hedu_e_111_2010.pdf
http://dte.kar.nic.in/
http://www.dsert.kar.nic.in/circulars/revision_of_ugc_payscales.pdf
Advocate. Arunagiri
(Expert) 15 June 2014
You can approach the high court for illegal termination.
Omkar Bhat
(Querist) 17 June 2014
@ Sudhir sir... sir I got PF after 2 years of joining in to service.
Raj Kumar Makkad
(Expert) 17 June 2014
You have adequately been advised by experts and now its your turn to take legal action as per advice given above.
Omkar Bhat
(Querist) 18 June 2014
I approached few lawyers of KAT in Banglore. Someone said me to go to High court, some other said it is a pure case of KAT. . .. . Now I have the confusion what to do? Our college is aided one but my post was not approved and I got salary from management.. .
Raj Kumar Makkad
(Expert) 18 June 2014
If you were not employed on aided post then you cannot agitate your issue either before CAT or High Court rather you can challenge the action of the management before local civil court only.
Omkar Bhat
(Querist) 26 June 2014
I asked in the local civil court but they said go to high court and fill writ petition. What should I do now? Is there any time limit to challenge in the court?
