Termination

Querist : Anonymous (Querist) 30 September 2024 This query is : Resolved
Even after recognizing regularly as the best teacher all through last 15 years, a teacher has been asked to take leave and terminated from service by an un aided school.

What is the legal remedy left to the expelled teacher ? Labor court is not entertaining her petition as it doesn't come under the purview of Industrial Disputes Act.

The Supreme Court has held that a writ petition challenging the termination of services of a teacher is maintainable against a private unaided educational institution.

What is the remedy available at the lower court level ?

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T. Kalaiselvan, Advocate (Expert) 30 September 2024
Since the labor court has not entertained the complaint, the teacher may approach high court with a writ petition seeking relief and remedy including reinstatement of employment if the teacher has been illegally terminated from the post.

kavksatyanarayana (Expert) 01 October 2024
If the teacher is confirmed in the post, the committee shall give 3 months notice period before termination and if the teacher is not confirmed in the post, one month's notice shall be issued before termination. You can move to HC against the unaided school.

Sudhir Kumar, Advocate (Expert) 17 October 2024
which state is this? There is a Delhi Education Tribunal in Delhi for such litigation.

Please check if similar forum exists in the state.

P. Venu (Expert) 22 October 2024
Anyhow, civil courts have the jurisdiction to try and decide any dispute unless expressly barred by law.

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