Primary & Secondary Education department, Karnataka (herin refered as department) is running Vocational education (Skill qualification) course in Health Care sector in Government High schools starting from 9th std onwards. The department has appointed Vocational training providers (Consultancy) for running the course. The consultancy will deploy the trainers (teachers) to the schools and the salary for the trainers will be paid through the consultancy. Department will reimburse the salary amount to the consultancy on reimbursement basis. Concultancy is deemed as Employer & Department will not have any obligation with the trainers.
Smt. Shilpa is employed as a trainer for Health care sector at Govt. High school, Bijapur, Karnataka. She is working there since 22-09-2014. On 04-11-2015 employer contacted the trainer over phone & asked to resign the job without any reason. But the trainer refused to resign the job & asked the employer that for what reason I have to resign the job. But the employer didnot give any reason instead stated to resign the job.
Again on 20-11-2015 employer sent a e-mail to trainer to give the status of resigning the job. But the trainer replied that she is not resigning the job. Later on 10-12-2015 the employer has terminated the trainer from the employment with the following reasons.
"This is to notify that we are taking a disciplinary action against MS. Shilpa Golasangi in Govt Girls, High School, Bijapur (HC020) for the following reasons:
- Not communicating and sending the reports in time.
- Taking frequent leave without notifying the Organisation. In the month of Nov 2015 she was absent frequently however her report shows false information.
- Not communicating to the organization through the mobile or e-mail.
- Wanting to take 25 days of marriage in the month of Dec 2015.
- 25 days of leave will affect the academic activity of the students.
Hence we are replacing her with Mr. Kantha Naik, his date of Joining will be December 15th 2015."
The alligations made above is false & baseless:
- As per previous months record available from the school the trainer has not taken any frequent leave. She has taken the leave only which she is eligible.
- Her marriage is on 27-01-2016. She has not applied for any kind of leave to the employeer till date neither orally or written or through e-mail.
With all the above facts I request to guide me what the trainer has to do legally.
