Terminated from job

sandeep pilania (Querist) 03 July 2013 This query is : Resolved
Sir,
I was working as a computer clerk in a unaided cbse school since 4 years and receiving 10395 net salary with epf deduction by salary account.
Suddenly,My school management(under Sanatan Dharam) give a notice to me. the notice was for terminate me in a week time and reason was that i am not interested in sanatan dharam and not obeying the dharam rules.
1. Can i take any legal action againest termination and if how.
2.can i demand full salary scale as per cbse norms. how
3.in which court civil court or labour court

Please advise me in detail
Thanks

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Adv. Chandrasekhar (Expert) 03 July 2013
You can challenge your termination that (1) your appointment letter does not stipulate that you should follow sanatan Dharam and its rules. If such condition is there, then you can plead that you follow sanatan dharm and its rules and the management's allegation is false. Alternatively, you can argue that putting such condition is oppressive in nature and violates the fundamental right to freedom of religion. Appropriate defence has to be prepared taking all the facts into consideration. Above all, as without holding any enquiry and without proving charges terminating your services is illegal. You can approach the civil court if you are still in service seeking the stay of termmination order. Otherwise after termination, you can approach the labour court for reinstatement with full back wages. First approach the Civil Court and try to get stay. If you cannot get stay, you will be terminated. Then withdraw the case from civil court and file fresh case for Labour court. Once the matter is settled and you get into job again, after that only ask for cbse salary.

Guest (Expert) 03 July 2013
1) challenge the decision of termination by submitting your complaint to the labour court.

2) Minimum one month's motice was necessary for termination. You can claim the salary in lieu of notice period.

3) You can challenge in the labour court.