• Removed from job by paying three months salary

My father is 55 years old, he has been working with a school as a field staff for the past 20 years. Today my father and another 6 staff have been called to the principle room, they were made to sign few documents, my father with no education qualification is not knowing what are the contents in the letter has signed the document. One more point to be noted here, they have made arrangements for a letter in my mother Tongue to make it appear that my father has written and made him to sign.. it's cheating right.

Also, he is being covered under pension scheme, had he been worked for another three years he would have got his pension. Now it's also denied.. being financially at a weaker stage, please help us with some remedy.
Asked 3 years ago in Labour

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11 Answers

1. Let your father complain against the school management to the Labour Commissioner of the competent jurisdiction, as also to the concerned DDPI.

2. Before that, let your father send a legal notice to the school management, to resolve the issue amicably. 

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

- As per law, an employer can terminate its employee , if found guilty of wilful insubordination or disobedience; theft, fraud, or dishonesty; wilful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behaviour 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 a suitable government office. Additionally, 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, as per law, the said school cannot terminated your father with notice period  , and the school is bound to refund his salary with Gratuity etc of service as well.

- Your father should send him a legal notice for the said termination and to refund of dues salary. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

- Try to solve the issue amicably , otherwise send a legal notice as the school is bond to refund salary etc to your father legally , even they have taken undertaking from your father. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

1. Let your father complain against the school management to the DDPI, complaining that he was coerced to write a letter and affix his signature, without his consent and threatening that if he does not sign, his PF and Gratuity will be stalled. Also, let your father complain to the jurisdictional Labour Commissioner.

2.  Let your father also petition the Appellate authority of education department.

3.  If cheating can be proven with records, then let your father complain to the jurisdictional Police Station to book a cheating case U/s. 420 against the school management.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

No employee can be removed unless a proper inquiry  is conducted against him after issuing him a memo and filing charge sheet and giving him opportunity to defend himself as provided under Section 92 of Karnataka Education Act, 1983. File an appeal against dismissal to Director of School Education. He will review the order passed against father and pass appropriate orders. The order goes against you can approach High Court in writ. no need to settle you have good case to win with compensation and damages. 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You need to send a legal notice to company. Need to study the case in detail. You can approach me through LinkedIn if need to legally go forward

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Whether your father was working in a government concern?

Whether he read the contents written in his mother tongue and signed it after understanding the contents?

Whether there was any departmental inquiry conducted before removing him from service?

Whether your father was involved in any crime or an act against the management or government policy?

Whether there was nay legal notice served on your father prior to this dismissal?

Whether reason was intimated to your father before the alleged removal from service?

What was the legal action taken  by your father for being removed from the service if he considers this to be an illegal action?

If all the questions are answered a proper opinion can be rendered for taking steps as per law in this situation.

You can revert with the answers if you are serious about getting opinion to move further on this to get relief.

 

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

You have not stated the reason for his termination  or the background.

How can you say that your father is not knowing the contents of the letter when he has read and signed it accepting the allegations leveled against him.

What was the legal action taken by your father so far if this ws an illegal removal from service?

Did he approach labor court or if he is a government servant, he could have approached the administrative tribunal for relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

It is necessary to peruse documents signed by your father 

 

2) file complaint against school principal before district education officer that father was forced to resign 

 

3) request that directions be issued for father reinstatement as he has worked for over 29 years in school 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Dear Sir/Ma'am

Your father can file a complaint against the school authorities for terminating the employees without any reasonable notice. Under the labour laws, authorities cannot deny paying the salary or the post-retirement or termination benefits to the employees, and hence, it is advisable to file a suit and send a legal notice to the authorities. An amicable settlement will be appropriate if the authorities agree to pay the salary and other benefits with compensation. 

Thank You

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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