Seeking your opinion

Mr. Tiwari,

if you are a confirm employee and you have been provided with the appointment letter mentioning that employer would pay or give you one month notice before termination of your services then you may file a case. as well as if its their routine practice you may contact to that employees who were victim of the it and take suggestion from Labour commissioner of your area. Employer can't force you to put resignation forcefully.

 

The employer has coerced you to submit resignation with immediate effect and avoided to terminate the employment with immediate effect. The employer shall deduct notice pay. You should have opted to submit notice of resignation.

You can complain against forced resignation. You can withdraw resignation if it is not accepted.

Litigations are lengthy process.

If other employees are willing you all can join and complain with o/o Labor comissioner.200 is a big number.

Kindly evaluate your options carefully. It shall be appropriate to visit a local service lawyer with all docs and records.

You should submit a written request to your appointing authority to supply you the PF accumulation reports by redg/speed post. You can now view your PF reports online also. The website address is www.epfindia.gov.in

You can obtain report thru RTI also.

All affected employees should sign joint memorandum/complaint against the employer and file it with the local labour commissioner.

vasudevan

Is Lecturer coming under the definition of "workman" under the ID Act 1947 to raise an industrial dispute ?

The teacher is not a workman as per the existing rulings under the ID Act.

i have seen a post above asking him to go labour Commissioner. To raise an industrial dispute one has to be a workman.  Senior Lecturer or Assistant Professor is not a workman, as per the ID Act and as per the ruling in Sundarambal case.

The service of teaching faculty in Management Institutes are governed by AICTE norms, the affiliated University Rules and also as per the orders or Directions of the concerned Government (Directorate of Higher Education). However, terminating the service of a teaching faculty without notice or without paying notice pay is illegal. It is not clear from the post, whether he is terminated or he resigned.

I do agree with Mr. K C S Kutty.

Teachers employed by educational institutions imparting primary, secondary, graduate or post graduate education cannot be called as workmen. ( A Sundarambal v. Govt. of  Goa, Daman and Diu etc. 1988 (57) FLR 462)

 

This is the latest position. So a teacher cannot seek remedy under ID Act.

So PC Sir, what is your advice to Professor ?

Some information provided by him seems to be exaggerated. For example 200 people were

removed.  In a Management Education Institute, total number of faculty will be in the ratio of

1:15 (Professor : student)  as per the norms.    

He has to seek remedy under any other civil law.