termination of employee who has put up 34 yeras of service a
eswarkumarpotti
(Querist) 06 March 2010
This query is : Resolved
respected experts,
an empolyee who worked more than 34 years in govt orgnaisation under non public fund which generates money on various ventures run by the govt orgnaisation and the employee manages /looks after the public service institute in which money comes from the govt empolyees monthly contribution towards welfare measure. the empolyees were governed by the non public fund rules and thier wages revised every after 10 years by way of ordering board of officers. The BOO inturn recommends revising of their existing wages along with any other consequential benefits.their empolyeemnt mainly based on the viability/healthy funds of the non public fund. now, the present status of service institute interms financial viability is very weak, hence the management.i.e.central govt orgnaisation has proposed to terminate her services with immediate effect and the orgnaisation is abide by the rules of the NPF and also ready to pay the gratutity towards loss of income.what are the procedures to be followed while trminating and whether an empolyee aho works more than 34 years has any legal right to move her gireveances in the court and whether they can challange the termination and any other relief she is entitled to that effect? please provide the rule position and and case laws in this regard, it will be more benefitial to the govt orgnaisation.need urgent advise. thanking all the experts who are all rendering thier valuble advises and saving the time and money.
Raj Kumar Makkad
(Expert) 06 March 2010
Definitely if any employee even though employed under NPF is terminated before time without assigning any reasons and without affording any opportunity of hearing is entitled to raise his grievances before civil court as his civil rights are being infringed. Such employee should serve a legal notice and thereafter should come to civil court or directly before High Court seeking reinstatement with full back wages or alternatively compensation as provided under ID Act, if she falls in this category. Gratuity cannot be equated with the compensation. it is her legal right to get, even if she might have been retired in time.
