After reinstatement if the company again terminate abruptly or without any valid reason, this would be contempt of court.

Till any order from court and during pendency of the petition  , company can appoint someone in your post for smooth functioning of its organization.

Court to decide whether to order for reinstatement or for compensation.

Organization shall have to comply with the court order. 

You can take any job during pendency of the petition. 

Your employer can change, its policy of recruitment and organization structure as per requirement. 

If the employer has terminated you, kindly check first employment agreement in that termination clauses, secondly what was the ground for termination whether it was under employment agreement or sided decision taken by management.

As per Industrial Disputes Act, you're eligible for all benefits and under workmen compensation act.

Whether you're school is government school or private or public trust etc who runs the school and who are the trustee of the school management. Than only we can provide you correct resolution in which direction you should go.

If the ordwrs of the high court are not being implemented and followed then a contempt application should be filed against them.

Regards 

If a case is already pending in the high court then these developments should be stated in court so that it may take appropriate action.

If you are employed somewhere else then you will not get any salary as no work no pay principle would cone into play.

Are you an ad hoc appointee or have come through a commission?

Regards 

You can accept the same under protest and fight for what you expect. It may take time in legal proceedings. You can weigh the risks and time involved and decide. Yes you can inform the above to HC in writ petition

Have to file contempt for repeat termination. Clear violation of court order.

if you have been terminated by the company in illegal means you can file a case before the concerned Labour Court wherein your matter would be examined and you would be reinstated by the Court.

No they cannot terminate you without giving any valid reason for termination after orders from High Court.

You should make an application for execution of orders in high court.

The employment offer letter may be visited for the clauses of termination of your employment.

Generally the employer may not terminate your services immediately after the court order to reinstate you.

If you are aggrieved  by such a decision, you may once again approach court with a writ petition seeking releif and remedy.

Appointing another person in your place is the employer's policy decision, you should concentrate in your own relief and not on what the employer is doing to develop his company.

As far as the compensation for the illegal termination of your employment, since you have already approached high court with a writ petition, let the high court pass an order on your petition after which you will come to know the relief granted by high court, because it cannot be predicted what is in store for you especially without knowing your pleadings in the writ petition as well as the prayer you have made in the said petition.

The court will not go beyond the prayer you have made in the writ petition, hence your worries about the break in service are the issues that you have to take care by mentioning that since the litigation was going on hence the break in service.

By the way what is a regular service in a contractual service, once your contract is expired, then if you dont get any employment immediately then you cannot claim any damage from anyone, you only have to manage the issues.

You cannot get yourself employed elsewhere during the period of suspension of service.

Recruitment of another person in your place is company's decision,. your case before court is a different subject, hence dont mingle everything together and keep worrying unnecessarily.

If you are employed elsewhere how can you claim full salary from your previous employer for the period not employed with him.

Your employer has to obey the court orders whatever it may be, hence do not hastily take any decision which would be detrimental to your case.

Dear Sir,

An employer cannot terminate an employee who has been with the corporation for more than three months without giving the employee at least 30 days of notice or a salary in lieu of such notice

The Indian Courts have heard many wrongful employment termination cases and there have been many favorable judgments produced by the Courts in India.

So to answer your question “YES” an employee can sue an employer for wrongful termination in India before the proper authority. However, please note the subject of termination of employment will largely be dependent upon two factors:

• Terms of agreement for employment (signed initially between employer and employee).
• Grounds and manner in which the employees services were terminated.

NOTE:

1. The recipient agrees that the reply received herein is in respect of the posed question only and is not to be construed as solicitation in any manner whatsoever by the responding Advocate.
2. The reply provided herein is sole opinion expressed by the responding party and must not be construed to be legal consultation in any form or manner whatsoever.