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Raj   23 June 2015

Termination of a teacher form a cbse (private) school

Kindly provide your valid suggestion for following case of my wife. She has been working as a probationary Teacher in a Kerala CBSE school. If we get it soon which will help our further legal process.

She has appointed into the school on 15/5/2013 (as per the Appointment order) after the interview with the management. As per the appointment order the one year probation ended on 31/5/2014 and they have extended probation from 1/6/2014 to 14/5/2015. In March 2015 itself Principal orally intimated that the confirmation may be happened in coming june(06/2015). At that time she was pregnant for three months and informed Principal orally regarding this. On 15/5/2015, Office person from school has informed her to rejoin on 25 May after the vacation. After this two day before the reopening (22/5/2015), Principal called her and informed that they are going to terminate her and she can start to find another job.

Then they issued the relieving letter only on 29/5/2015. The letter is a backdated(Date is 22/5/2015).  They didn't mention any reason in the letter. Also They didn't mention regarding any performance issue orally/in writing during the probationary period. Also Her name is already there in current academic years School diary and time table. So It is clear for us that they are not really planned to terminate her. This is a sudden decision.

In the appointment letter it has given following.

The appointment is terminable either:

 a) by the authorities of school with a notice of one month or immediate on payment of an mount equal to one month salary in lieu thereof

another point is

7) the specified period of probation can be extend at the discretion of authorities of the school and mere completion of proabationary period or period of extention therof would not entitle you to a automatic confirmation not it will imply confirmation.


Kindly advice the legal possibilities regarding the case. We have already given a complaint to CBSE. They have not responded. 


 7 Replies

Kumar Doab (FIN)     23 June 2015


You may go thru ‘Service Conditions’ narrated in Affiliation Rules of CBSE that can be downloaded from website…………………..and also as per State Education Act.


The employer has avoided conducting any appraisal and training before end of probation period and explaining any reason for extension of probation period.   


It has probably not issued any stinkers/memo that can be ground for extention.

It has also not extended the probation in writing second time.


It has probably not issued any termination order too so that it is not contested.

A speaking order before relieving for termination should have been issued.


Did the female employee inform in office about Pregnancy?

Has it paid Maternity Benefit? It should have paid Maternity Benefit (period before delivery) in advance.


It has probably acted in such dubious way to avoid payment of maternity Benefit.


Termination during pregnancy can be a bad order.

She can lodge complaint with Inspector appointed (state/Central as the case may be ) under Maternity Benefit Act………………………….and can also approach various female and employee’s and teachers associations and may seek intervention of trade Unions too.


Seek the counsel of an able Labor Law Consultant/service matters lawyer/law firm and proceed further under expert advise of your counsel..

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     23 June 2015

Hi Raj,

On your explained case, i would like to share by view in below points containing the latest judgment & clauses.

  • No automatic confirmation on expiry of a probationer in absence of deeming clause.  Guj. HC 193. (which already mentioned in your wife's appointment letter, hence, they have issued the letter of extend of probation period)
  • Termination of services of a probationer is not illegal. Guj. HC 193 (Termination of services can be allow during the probation).

You can challegen this case on the Maternity Benefits Act. 1961.

Clause No. 5, sub clause 2, No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery: Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

Clause No. 5, sub clause 3, The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day:

Clause no.4,sub clause 3, Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.

Clause no.6,sub clause 3,(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit. (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery. (3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. (4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of six weeks after the day of her delivery. 

Most important, is that,

Clause no. 12. Dismissal during absence or pregnancy. -- (1) Where a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. (2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge of dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both. 

Its seem that, to avoid the maternity benefits of employee, who is going to be diserve for the same & its bad may take help from advocate, who is practising in labour laws.


Tushar Swar


Raj   23 June 2015

Thanks for valuable suggestions. Tusharji, We didn't give any written intimation regarding Pregnancy. But informed orally only. Is it enough for us to claim? But analysing the sequence of events we can surely claim that they did this because to avoid maternity benefit.

Kumar Doab (FIN)     23 June 2015

Verbal was also sufficient.


The private school for mprivate gains should have registered under State Shops and Estbs. Act and has to supply the form/register prescribed under  State Shops and Estbs.Rules to Pregnanat woman employee, if any it wants. The Non submission of any such form/register also does not render the employee ineligible.


Don't get carried away and feel subdued by any rules/judgments.


You seem to have meritorious case.


Seek the counsel of an able Labor Law Consultant/service matters lawyer/law firm and proceed further under expert advise of your counsel..

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     23 June 2015

Hi Raj,

As said by Mr. Doab, there is no need to give any written intimation of pregency. 

Hence, you may consult with labour laws practicing advocate for better guidance.


Tushar Swar

Raj   24 June 2015

Thanks Mr. Swar and Doab

We have made a complaint to CBSE. Also  have send a legal notice to school management. Our advocate is going to file a law suit for this. Is It right direction? As per my knowledge law suit will take time and it will not give immediate result.

Waiting for your suggestion


Kumar Doab (FIN)     24 June 2015

One should build sufficient favorable written record before issuing legal notice or initiating litigation......................e.g. she was pregnant and informed pregnancy in office and no for/format to be submitted was supplied and no maternity benefit was paid...............and since she would have to be on leave she was vindictaed......

Employee's Unions/forums/employees can also be unshakeable witness.

Usually employers maintain studied silence and that may fetch deemed acceptance.


If you have proceeded under expert guidance of an able Labor Law Consultant/Service Matters Lawyer then your lawyer would have taken care of everything.............


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