• Not to join duty

I am working for the past 26yrs in a private cbse school. One lady teacher of same sch but other wing who was our family frnd and had taken money on loan from my wife n me on 7nov2019 came with a bad element person and raised hand on me. I remained calm but principal issued me a letter stating lady teacher raised hand on you who is your family frnd .This is against code of conduct and you are supposed not to join your duties till further deceision. After one month management paerson asked me to resign and take 3 months salary which i refused as i have not done any misconduct. The lady teacher on the basis of 4-5 years back mutual chatting has put the complain of hareshment as i have come to know but not sure. Whatcan i do now
Asked 1 month ago in Labour from Muzaffarnagar, Uttar Pradesh

Hi

If you want to still work in the same school then file a interim relief application in court having a stay over your dismissal. 

But out of legal aspect let me advise you that you have 26 years of teaching experience...... any good cbse private school will give you job.. change school and leave the dispute behind. 

For recovery of your loan from that lady you can file a complaint in the police or a money recovery suit in court 

Thanks 

Rahul Jatain
Advocate, Rohtak
1088 Answers
3 Consultations

4.9 on 5.0

1) issue legal notice to lady teacher to repay loan 

 

2) if she refuses sue the lady teacher to recover your money with interest 

 

3) forward copy of said suit proceedings to CBSE school fit information 

 

4) file police complaint against lady teacher under section 504 of IPC ur acts endangering peace 

 

5) for termination of your services school has to follow CBSE rules 

 

6) your services can be terminated by school if you are found guilty of harassment at work place 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

-  As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification etc,; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.

- Further , an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice. 

- Further, as per the Industrial Disputes Act , any such employee who has been employed for greater than a year can only be terminated after permission is granted by the higher management/a suitable government office.

- Further, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.

- Hence, the school management cannot force you resign on the above said ground.

- You should send him a legal notice after mentioning the details , and thereby; ask him to allow you to continue.

- Further, if no response within one week time, then you should file a Permanent Injunction suit in the court for getting order in your favour. 

- Further, if you have proof of payment to that lady ,then can file a recovery suit against her as well. 

Mohammed Shahzad
Advocate, Delhi
1617 Answers
26 Consultations

5.0 on 5.0

You are not culprit 

 

forward transcripts of audio recordings to your school to prove that false complaint has been filed against you by lady teacher 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

If she has left the school than management should not have any problem to retain you in the school. You can give written application towards management and trust to re consider your resignation.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

If she has left the school it may take you back. The incident happened outside the school and it was a private matter and hence the school cannot interfere unless it reputation is at stake.

Rahul Mishra
Advocate, Lucknow
6197 Answers
14 Consultations

5.0 on 5.0

You should counter this allegation by your own complaint. Also if you have any proof of the money given to her you shoukd file a summary suit against her in the civil court.

Rahul Mishra
Advocate, Lucknow
6197 Answers
14 Consultations

5.0 on 5.0

You need to approach educational department, concerned labour commissioner office or labour court for seeking justice and action against them

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

1. If she raised her hand on you then it was imperative that you should have filed a police complaint and got the FIR registered.

2. It is not clear from your query what is the nature of chat you had with her on social media.

3. Send a representation immediately to the school against the demand to resign.

4. If you are eventually terminated by school then you can go to court.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

You are facing this cause of silence. So better file police complaint agasint them. And same shall be your defense to the letter of principal that you have been victimize,

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

You should refuse to reign, ask them to conduct inquiry and hold you guilty of charges which you can challenge before court of law.

If they forcibly terminate your services, you can file a writ petition seeking reinstatement with full benefits.

If they issue you a show cause notice, you give a reply notice through your lawyer denying their allegations.

 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Without knowing the background of the case no more opinions can be rendered in this regard.

You may consult an advocate in the local who deals with the service laws and take suggestions to move on 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

1. You can file suit against management to challenge them for taking illegal decision as they didn't gave you opportunity to represent your defence.

2. But they are giving you opportunity for resigning and taking 3 months salary and not terminating your service which is good for you. Because I don't think you want to work in a school where some teacher raised hand on you in front of other staff members.

Mohit Kapoor
Advocate, Rohtak
6572 Answers
2 Consultations

5.0 on 5.0

School can terminate your service if you are found guilty of the practice at work premises .

If the issue is out of work premises, then you can challenge this issue in a court.

You can issue a legal notice through an advocate and file a case for recovery of money along with interest.

You can also file complaint before jurisdictional police station u/s 406 504 of IPC.

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

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