terminated from service
Rajani Kumari
(Querist) 19 October 2010
This query is : Resolved
since 18 yrs iam working for private law college now terminated without show cause where to file case or writ?
Adv ramesh chheda
(Expert) 19 October 2010
as about filing of case u can file before labor crt and for writ it goes into hcourt. u can raise grivience before educatio officer also.
adv ramesh chheda- mumbai - 9870112826
R.Ramachandran
(Expert) 19 October 2010
Dear Adv. Ramesh,
When Teachers have already been declared as not workers, where is the question of filing a case before labour court?
Kirti Kar Tripathi
(Expert) 19 October 2010
your query is ambiguous. until you do not disclose the post and/or nature of job performed. the correct advise is not possible. but certainly you have remedy against the termination.
Rajeev kulshreshtha
(Expert) 19 October 2010
It will depends upon the service contract. If you have been already terminated than if the condition of service not fulfilled you can file damage suit.
aman kumar
(Expert) 19 October 2010
depends upon the service terms of contract. if the condition of service not fulfilled you can file damage suit.
Raj Kumar Makkad
(Expert) 19 October 2010
There is no question of reinstate, if the college is unaided private institution and in such case, the only remedy is available for filing suit for damages subject to the conditions of service agreement. If the employer is State within meaning of section 10 then you can either go to HC or civil court seeking revokation of illegal order of termination without following the law of natural justice.
Advocate. Arunagiri
(Expert) 20 October 2010
If the employment agreement says any notice period for termination, the employer has to do that. In the absence of any such notice period, the employer can terminate without any notice.
You can not go to the labour court or High Court.
You can file a damage suit, but, it will be a very weak case.
Kirti Kar Tripathi
(Expert) 20 October 2010
I do not agree with Mr. Makkad. In case, your nature of job fall within the ambit of definition of workman, you can raise an industrial dispute. where reinstatement is also possible. that is why i asked for your nature of job. otherwise filing of civil suit for damages is only option as the contract of personal service can not be specifically enforced by the civil court, you can claim only damages but for this you have to assess the damages and pay huge amount in court fee.
Sri Vijayan.A
(Expert) 20 October 2010
You might have been given reasonable opportunity to explain ur defence/ innocence.
It does not require show cause notice.
So for absence of SC Notice, you can't say that the disciplinary procedure has not been followed.
Before moving anything, go through dicipline rules/ service contract
Praveen Kumar Tewari
(Expert) 21 October 2010
I agree with Mr. Kirtikar. It is true that In case, if your nature of job fall within the ambit of definition of workman, you can raise an industrial dispute before labour court under ID ACT 1947. where the reinstatement of employee is also possible. must be clear that what is your nature of job. otherwise filing of civil suit for damages is only option as the contract of personal service can not be specifically enforced by the civil court, you can claim only damages but for this you have to assess the damages and pay huge amount in court fee.
