PALVINDER SINGH MAAN (AP) 05 January 2018

Termination of services

My wife is working in a Private University as Assistant Professor. Her Probation peroid is over more than one year ago but confirmation letter is not issued by management till date though the employer is deducting PF and giving incement on regular basis.

Now the management is pressing to bring more admissions and threating to terminate her if there will be less admission in next session, as she is the junior most employee in her department. My question is weather we can file a suit againt such an act of management as she deemed to be a regular employee after the expiry of probation peroid and putting best efforts in all assingments.

What are the possible options with us if managemnet took such a action because of less admissions only as she is performed all her duties with upmost committmnet.

Thank You.

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 January 2018

The agrieved person can approach labour courts. The law relating to labour and employment in India is primarily known under the broad category of "Industrial Law". Industrial law in this country is of recent vintage and has developed in respect to the vastly increased awakening of the workers of their rights, particularly after the advent of Independence. Industrial relations embrace a complex of relationships between the workers, employers and government, basically concerned with the determination of the terms of employment and conditions of labour of the workers.

Kumar Doab (FIN) 06 January 2018

If you wish, you may attach the copy of appointment letter, service rules in which T&C on probation and confirmation are mentioned.

You must erase the names/logo/address/phone number/photos etc to maintain the confidentiality.

Or you may post the relevant extracts.

Kumar Doab (FIN) 06 January 2018

Generically speaking; it is obligation of employer and bosses that are stakeholder in the probation and confirmation to initiate appraisal in time and conclude and communicate the decision on successful completion of probation period or IT’s extension……..

Teachers are not covered by the def. of ‘Workman’ as in ID Act.

Generically Speaking; the principle or logic of 1st to come, last to go ……………..or vice versa last to come 1st to go may be cited……………..

Since the employee has performed all duties with sincerity and committement as posted by you and probably there is no stinker, SCN issued, hence there is nothing adverse against employee…..

If establishment/employer goes for downsizing for any reason and chosen the employee then the employee has the right to approach the Committee in establishment, Authorities as per Act, enactments that apply, Tribunal, court of law…………………employer may claim that IT has acted in accordance with agreement of employment……….. tendered notice pay etc

The tribunal can order reinstatement or decline……

The courts can also grant stay on termination….

Discuss with a very able senior LOCAL counsel of unshakable repute and integrity specializing in service matters and having successful track record in service matters…..

At the same time try another venture and keep options in hand……