• Terminated from a school within 1 month without any prior notice

I joined a school as Hindi teacher 25 days back. Yesterday, principal called me and asked me to resign or else they will terminate me. When I asked reason she said lots of parents are complaining about you via email. She used word "reprimanded". I asked for example but she did not share. She said why you were teaching students when some of them didn't receive books however books were they with half of the students and I was doing my duty. She also claimed for typo in master sheet prepared but that was draft but and ment for review before finalization. Before yesterday she never pointed anything nor talked about parents complain. This has given lots of agony and mental disturbance to me and want to know possible legal options. Jurisdiction is Hyderabad for this case.
Asked 7 years ago in Labour

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

Please specify if this is a govt./govt. aided school or a private school?

In any view of the matter, this termination is bad because your termination has been given effect to in violation of principles of natural justice.

Without conducting an inquiry in your case, and without actually giving you an opportunity of hearing, they could not have terminated you, which needless to say is stigmatic.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can challenge your termination before a court of law, including the High Court.

Also, is this termination oral?

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

What are clauses in your appointment letter regarding termination from service .?

2) since you are working for private school management can terminate your services by giving you notice as per terms in your appointment letter

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Kind,t reproduce terms of your appointment letter

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Mam since it is private education Institution the appointment must be under some contract or appointment order the terms and clause of termination need to perused.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further a civil suit for damages and reinstatement or a complaint before the Labour court can be filed within meaning of the Industrial dispute act.

The SC in recent case had made clear that there should be no illegal termination of teachers and school staff may it be private or aided the condition should be followed.

Hon'ble Supreme Court of India in its recent judgment passed in the matter of Raj Kumar vs. Director of Education & Others7, explicitly instructed the schools in Delhi regarding compliance to be followed before terminating services of their employees. While considering in detail the provisions of the Industrial Disputes Act, 1947 (IDA) and the Delhi School Education Act, 1973 (DSEA) relating to termination of services of employees by schools, the Hon'ble Supreme Court interpreted Section 8(2) of the DSEA which requires obtaining prior approval of the Director of Education (DoE) before passing any order of dismissal or termination of services of its employees by school. A perusal of the Statement of objects and reasons of the DSEA clearly shows that the intent of the legislature while enacting the same was to provide security of tenure to the employees of the school and to regulate the terms and conditions of their employment. The Hon'ble Apex Court in its judgment has, inter alia, observed that Section 8(2)8 of the DSEA is a procedural safeguard in favor of an employee to ensure that an order of termination or dismissal is not passed without the prior approval of DoE.

The Hon'ble Apex Court observed that while the functioning of both aided and unaided educational institutions must be free from unnecessary governmental interference, the same needs to be reconciled with the conditions of employment of the employees of these institutions and provision of adequate precautions to safeguard their interests. Section 8(2) of the DSEA is one such precautionary safeguard which needs to be followed to ensure that employees of educational institutions do not suffer unfair treatment at the hands of the management. The Hon'ble Apex Court had earlier9 held that the regulation of the service conditions of the employees of private recognized schools is required to be controlled by educational authorities and the state legislature is empowered to legislate such provision in the DSEA. In other words, Section 8(2) of the DSEA is a procedural safeguard in favor of an employee to ensure that an order of termination or dismissal is not passed without the prior approval of the Director of Education. This is to avoid arbitrary or unreasonable termination or dismissal of an employee of a recognized private school.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

School has to mention reasons in termination letter

2)you can be terminated without reasons if you harass students physically or mentally

3) in case your performance is not up to mark you can be terminated with 3 months notice

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

I think you should take your chance and challenge this illegal and arbitrary termination.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

So in the view of above terms your termination is illegal, issue school.demanding compensation for.three months notice period and present month salary or.reinstating the job. If the school fails to act as per notice file a.complaint before labour court for reinstatement.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

hello, a reprimand is disapproval of your conduct past or present. they did not elaborate upon what was the conduct which was not right, later on, they terminated you. termination of an employee is fatal to his career as he has to explain to the next employer what were the reasons due to which he suffered such a fate and this also hampers his job prospects. therefore, you should send a legal notice to the school authorities if they do not take you back as this would be a stigma upon your career.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You have not mentioned whether you were forced to resign or finally terminated.

2. If you have forcefully made to resign then you should lodge a police complaint against the said principal under copy to the Superintendent of Police and the Secretary of the Department of Education of Telangana Govt.. If no action is taken by the said governmental authorities, you should file a Writ Petition against police inaction and inaction of other Governmental Authorities praying for order upon them to investigate and act based on your said complaint.

3. If you have been terminated without conducting any enquiry and giving any chance to you to defend yourself, file a complaint case before the local labour commissioner seeking relief.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The legal options are given in my last posting to enable you to opt from.

2. You can also write to the the Secretary of the said Education Society under whom the said school is affiliated to, seeking relief.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. If your appointment was through appointment letter then the termination can not be oral.

2. Do not discontinue attending your work and lodge a police complaint against the Principal as suggested in my earlier posts also alleging that the Principal wants to appoint some of his/her known person in your post for which she/he is forcing you to resign.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You dont resign the job under any pressure.

You wait for them to terminate your services, you may file a writ petition seeking to reinstate you and also for compensation.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

. I would like to know possible legal options and relevant consequences. The school is private and affiliated to education society who have many schools under their umbrella.

You can file a writ petition before high court seeking reinstatement and other benefits if the school management is taking an action to terminate your services.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Yes this termination is oral. Below are the clauses.

1. Your minimum completion period of service should be one full academic year. However, if your services, actions and comments are found detrimental to the institution or if you resort to corporal punishments or humiliation, or harass children either physically or mentally you shall be immediately terminated without assigning any reason. On the basis of your performance if you are found to be not improving or showing growth in your performance, results your services will be stopped with 3 months' notice.

You ensure that you dont fall under the said category and are not involved in any such dispute as mentioned in the said clause.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer