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Suresh S   10 June 2023

Unfair termination of a teacher

My friend has been working as a Teacher in a private unaided CBSE school from January 2023 onwards. During SUMMER VACATION of the school in May the school directed that from 22nd May onwards the teachers need to come to school and conducted classes for Class: X.

My friend complied with the same. He was not paid for the month of May. The school said that ‘salary will not be paid for summer vacation’. When my friend demanded for May salary, he was paid for just one week! Again my friend requested the school to release full salary for the month, May.

The next day my friend was asked to leave the institution without serving any written order. My friend insisted for ‘due process of law’.

The same evening my friend was summoned by the Police and he was directed to write an undertaking stating that he will not enter the school hereafter; action will be initiated by the Police if he enters the school; the issue will be resolved through the court of law.

The next day his original educational certificates (that were collected by the school) were returned to him at the Police station by the school. Again he was directed to write an undertaking to the Police that he will not drag the issue to the court.

The teacher was not issued any written appointment order and no agreement of contract is made with the teacher by the school. But he was served the termination order stating that poor performance and disturbance with other teachers.

In fact the allegation made in the termination order is false. Prior to the termination order, the teacher was never served any memo for the allegation.

Kindly tell us the next step.


 7 Replies

T. Kalaiselvan, Advocate (Advocate)     11 June 2023

Since it is a priate institution, he can approach court of law with a suit for mandatory injunction against the school authorities to set aside their termination order and to restrain them from stopping him from continuing the employment and also to direct therm to pay his due salary amount;

Alternately he can approach high court with a writ petition seeking to set aside the termionation order and for  reinstatement against the school authorities. 

Sudhir Kumar, Advocate (Advocate)     13 June 2023

he can complaint to educatio deptt as well as CBSE.  The agreement in police station has no validity.

Whther the school was depositing his PF in EPFO?

Suresh S   26 June 2023

Thank you so much, Sirs, for your valuable guidance.

Representatiions were sent to the Educational Department as wll as the CBSE.

Sudhir Kumar, Advocate (Advocate)     26 June 2023

At this stage I do no t deseerve your thanks.


was aschol deducting Provident Fund and depositing in EPFO.


This is important peice of information for me to earn thanks.



Suresh S   26 June 2023

Yes, sir. The school was deducting for Provident Fund. We don't know whether it was deposited at EPFO as PF A/c details are not given by school.

Sudhir Kumar, Advocate (Advocate)     28 June 2023

Originally posted by : Suresh S

Yes, sir. The school was deducting for Provident Fund. We don't know whether it was deposited at EPFO as PF A/c details are not given by school.


Not deducting PF - liable to fine and prosecution under PF Act


deducting PF and not depositing -liable to fine and prosecution under PF Act

+ non-cognisable and non bailable offence under ection 406/409 of IPC


Simply send a written complaint to the RPFC to initate action under ection 7A of PF Act.  Please do make a request that youbeing allowed to attend all the proceedings because generally they summon the empoyer only.


They are liable to deposit PF in respect of all employees (not merely you) at the rate of salary which they are reporting to education department/CBSE (not the actual meagre salary they are giving) .  So use RTI before attending such hearing.

Suresh S   30 June 2023

Thanks Sir for the guidance.

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