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Inform   25 October 2016

Non-teaching staff in colleges.

Dear Members,

My sister was working in an educational institution in Maharashtra as a juniour clerk,her appointment being on the basis of vacancy published in newspapper and subsequent process of recruitment.The institution is a private one and is under an organisation aided by government.She worked there for 2 + yrs.Further she was given benefits of 6 th pay comission by the organisation.Suddenly they extended her probation period and after that her services were terminated without assigning any reason.A suit was filed by my sister against this termination on the oragnisation in the labour court under the Industrial. disputes act.The court gave a decision on this matter firstly that they dont have the jurisdiction for running the case. (after five yrs of filing the suit)It would have been filed with the University Act of the maharashtra state.Secondly the labour crt judg opined the employee cannot claim any permananat seat even after completing 2+ yrs of service being satisfactory and also when pay comission benefits are given.

I hereby request experts and members to kindly inform whether non-teaching staff in educational institutions come under the ID act.Or only under the Universities Act of the Maharashtra state.If any expert has any citation regarding this request you to kindly provide reference.

 

Thanks.



Learning

 8 Replies

Kumar Doab (FIN)     25 October 2016

Probably Maharashtra Universities Act. 

What is the opinion of your own counsel.

Inform   25 October 2016

Our counsel had insisted to go with the Industrial disputes act.She further advices to move on to High court.Our counsel is having cases filed by many other people with labour court,working in same institute.These cases are running and a couple of them are won by petitioners in the same labour court.

 

Thanks.

 

Kumar Doab (FIN)     25 October 2016

For your own interest go thru;

 

Maharashtra Act No. III of 1978 THE MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATION ACT, 1977

https://bombayhighcourt.nic.in/libweb/acts/1978.03.pdf

 

 

Kumar Doab (FIN)     25 October 2016

Go thru:

Bombay High Court
Peoples Welfare Society, Nagpur & ... vs Second Labour Court, Nagpur & Ors. 

https://indiankanoon.org/doc/1909852/

Kumar Doab (FIN)     25 October 2016

Local counsel can certainly guide you the best.

LCI expert Mr. Jagadish Paranjape is from Maharashtra.

You can check with him.

 

Inform   25 October 2016

Thanks Mr Kumar,for your reply and reference.I 'll try to contact Mr. Jagdish.

 

Thanks 

 

Inform   25 October 2016

Thanks Mr Kumar,for your reply and reference.I 'll try to contact Mr. Jagdish.

 

Thanks 

 

Kumar Doab (FIN)     25 October 2016

You are welcome.


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