Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Suchitra. S (Advocate)     28 October 2009

Let me know

Sir/madam, I want to know whether private institutions can have their own rules and regulations for recruitment ? What is the remedy available against any pvt institution violating the  principles of natural justice while recruiting, dismissing or sacking a person from his job?


 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 October 2009

Contract of a private nature cannot be executed by any court of law except claiming for damages even if law of natural justice has been violated. Pvt. institutions not guided by any statutory law/rules and not in receipt of any aid can form their regulations for the appointment.

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Suchitra. S (Advocate)     29 October 2009

Thanks Sir. But dont you think there should be some remedy available ? We are hearing about the atrocity of pvt institutions every now and then that too at the the time of recission. When Govt cannot employ everybody under it, atleast there should be some guidelines for pvt institutions also. Am I right?

varun kathuria (proffessional)     06 November 2009

 well pvt institutions also have some guidelines for recruitment and dismissal.It totally depends on the situation. In govt. sector also where privatization taking place. people are loosing their jobs

because of  non performance and some other factors. moreover the favoring for the post prevails in both govt and pvt sector.Also dismissal aspect is same in both of the institutions.

Theja (Lawyer)     08 November 2009

The provisions like termination with  cause & without cause, the notice period upon such termination depends upon the Company's HR policies ofrthe employment contract and such provisions may differ form company to company. A company may have one month as its notice period and other may have two months or immediate. So if the terms and conditions of the employment contract are void or voidable within the meaning as mentioned under the Contract Law, then 'yes' it can be challenged by the party.

Also, the working hours, working conditions of the place of work may be covered by Labor Laws.

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