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sanjeev   19 December 2016

Unfair Dismissal of Teacher

Does a teacher comes under labour law as workman to approach Labour law OR should approach civil court for dismissal from Army Run School.



Learning

 23 Replies

Sudhir Kumar, Advocate (Advocate)     19 December 2016

Yes.                                    

sanjeev   19 December 2016

Sir Yes for Labour Law ?? Or Civil court

sanjeev   19 December 2016

In case a dismissal or termination letter is issued to a teacher .Does he have option not to accept the same if unfair

Kumar Doab (FIN)     20 December 2016

Teachers are not coverd as Workman'.

 

1 Like

Kumar Doab (FIN)     20 December 2016

Is their any educational tribunal in your state?

Not to accept what; termiantion letter or Termination order?

 

jyotirmaya behera (advocate)     21 December 2016

It’s a Army school that means that govern under the rule and regulation as per their own (special rule). There may be a separate tribunal for adjudicate this type of case. If they have no then you may file case at Central Administrative Tribunal (CAT) or before the High Court.

In case of dismissal or termination letter you have to challenge that order and you should made the prayer to quashing the said order.

 

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

jyotirmaya behera (advocate)     21 December 2016

There have any enquiry against you?

What is the reason for the termination?

 

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

sanjeev   21 December 2016

There was a inquiry by Army Unit which runs the school.After inquiry Termination letter has been given w/o mention of reason.No notice has been given as mentioned in contract letter.Also NO Warning has been given.A one line letter has been given by chairman of school saying your services are terminated.

sanjeev   21 December 2016

As a teacher I was not getting Gratuity No writing any CR No auth to sanction any ones leave No one under me No Provt Fund Its just an job of teaching in pre primary school being run by army as welfare measure. I feel I should be treated as workman.

sanjeev   21 December 2016

Sir I have read in one of the forums on LCI that it's not specifically a designation but certain conditions which decide whether he is work man or not. That's why I feel in light of above conditions mentioned that a teacher is works man.Pl clarify...

Sudhir Kumar, Advocate (Advocate)     23 December 2016

Originally posted by : jyotirmaya behera
It’s a Army school that means that govern under the rule and regulation as per their own (special rule). There may be a separate tribunal for adjudicate this type of case. If they have no then you may file case at Central Administrative Tribunal (CAT) or before the High Court.

In case of dismissal or termination letter you have to challenge that order and you should made the prayer to quashing the said order.

 

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

I am sorry to hold a different view.

 

First fo all the employees of Army Schols are not even Defence Civilians. i.e. they are not paid by any CDA they are not govt employees.

 

So it is incorrect to assume them to be govenred by seperate law as soldeirs.

 

SInce they are not govt employee they cannot move to CAT.

 

Yes. High Court may be the avenue if the state is not having any Education Tribunal.

Sudhir Kumar, Advocate (Advocate)     23 December 2016

Originally posted by : sanjeev
As a teacher
I was not getting Gratuity
No writing any CR
No auth to sanction any ones leave
No one under me
No Provt Fund
Its just an job of teaching in pre primary school being run by army as welfare measure.

I feel I should be treated as workman.

you said " No Prov Fund". The sumit a complaint to  the RPFC in writing giving details of the wages and perid of service.

Sudhir Kumar, Advocate (Advocate)     23 December 2016

The perusal of ternatin order can reveal as to ther which rule the order is there.

 

Is it as per the CCS Rules as applicable to Govt servants.

Is it under the Registered standing order under Standing Orders Act.

Is it under Shops and Commercial establishment Act.

Kumar Doab (FIN)     23 December 2016

The extent rules that apply to you should have made known to you.

Check the appointment letter and other employment related  documents.


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