Termination laws
Mukul
(Querist) 17 August 2017
This query is : Resolved
On 16th August 2017, after successful completion of almost 20 years of service with an educational institute, my brother has been served a notice to discontinue his services with immediate effect. Firstly he was asked to resign and on his refusal to resign, they initially threatened him to terminate. In 20 years of his services there was nor a single complaint about his behavior or performance.
Please advise if it is legal to discontinue services of any employee? what action we should take against such practices.
Regards
Mukul Gupta
Noida
Kirti Kar Tripathi
(Expert) 18 August 2017
On which post your brother was working, if he was a teacher and institution is private, in that event he has to file civil suit for damages and compensation, no restatement is possible as it relates with contract of personal service and under the law contract of personal service is not permissible
Mukul
(Querist) 18 August 2017
Dear Mr. Tripathi,
First of all thank you for taking out time and advise. Further my brother was working as Associate prof. and yes the institute is being runned by a Trust under self financing scheme. Please advise what compensation he can demand.
Kumar Doab
(Expert) 18 August 2017
Same Query:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=152985&offset=1
Kirti Kar Tripathi
(Expert) 19 August 2017
Dear Kumar,
Damages can be assess tentatively, you can assess on the basis of contract of service i.e uo to.the date of retirement, mental agony and harassment or for specific periopd as employees has to pay court fee on the claimed amount
Kumar Doab
(Expert) 19 August 2017
Dear Mr. Kirti Kar Tripathi,
You are right.
Agreed with you.
Dr J C Vashista
(Expert) 20 August 2017
Sorry no reply for repeated query, it is bad,.You should have opted to consult a local lawyer instead of repeating same story which is ridiculous and stupidity.
The author is seeking opinion and advise for his brother (not for himself)??
Mukul
(Querist) 20 August 2017
Dear Mr
Vashistha,
Thanks for your valuable inputs. Is it something wrong in seeking advise for brother?
