Termination from the post at management institute
MALLIKARJUN
(Querist) 05 September 2014
This query is : Resolved
Termination from the post at MBA institute:
Mr.S was in employment as Asst. Prof for 6y3m under BOM Order of an Educational Institute as per AICTE Rules of appointment and payments. Now 3 months notice is served for termination. The Institutes finance is fully met by the Society,no Govt. Grants are received.
What remedies are open for him?
Dr J C Vashista
(Expert) 06 September 2014
The employer institute can terminate the services of the employee (Astt. Prof. in the instant case)as per service terms conditions as enshrined in appointment letter, there in no illegality.
Rajendra K Goyal
(Expert) 06 September 2014
Terms of appointment has to be referred, relief seems to be difficult, better search for another job.
Kumar Doab
(Expert) 06 September 2014
1. Relate the services conditions inserted in appointment letter with AICTE Rules of appointment and payments referred by you.
2. Relate the termination order issued also.
3. Determine if opportunity of natural justice was granted or not................show cause notice/inquiry etc..............and if the employee was deliquent or not.
4. Let an able Labor Consultant/Service lawyer evaluate the merits and suggest remedy.
5. Suggestions of Teacher's association leaders be obtained.
6. Teachers are not covered as 'Workman'.
7. Certainly look for another employment.
Raj Kumar Makkad
(Expert) 09 September 2014
It shall be better to go through the service conditions prior to giving final advice.
Advocate. Arunagiri
(Expert) 09 September 2014
Normally there will be an exit option for every employment contract. If Mr.S is contract is giving any termination clause, the employer has every right to terminate the employee.
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
