g.p.srinivas (advocate) 31 May 2015

Advise required

Hon'ble colleagues, greetings to all of you.

My client joined as a Jr. Lecturer in the year 1987. As per the GO 212 of 1994, those who completed 5 years in the teaching profession, has to be confirmed. When the institution denied, filed WRIT and won, again not complied with the High Court Order filed CC and also won it. Govt. filed Appeal and it was dismissed. After that his service register opened. He was given timely increments and promotions. In 2009 then officials approached SC through Civil Appeal, it was disposed on 2009.

Now the institution says by giving notice we will remove you from the service and stop increments. Last 31 years he is in the profession without any remarks. Are they have any authority to do so? All these years they paid salary, increment, with all the regular benefits and also his records in SR is in pure form. Please advise. Can he move again before the judicial system to get all his natural justice.

Kindly advise at your earliest.

Thanks and Regards

G. Padmavathi Srinivas
Advocate,
High Court – Hyderabad
9491742769

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4 Replies

arulprasath (HR & Legal) 01 June 2015

Any employee remove from service without natural justice is agaist to the Article, 311 of indian constitution, if he received removal order from employer he may litigate u/s 2A, of IDA and seeking justice from Labour court / Tribunal.

Kumar Doab (FIN) 01 June 2015

Teachers are not covered as 'Workman'.

However the employee must record the threats by (audio/visual),witnesses, minutes and create an irrefutable record to support in future at appropriate time in appropriate forum.

He can also pursue the internal Greivance Redressal Mechanism as per service rules, approach the body with which the Instt. is affilliated, pursue the remedy under State Education Act, Various Teacher's Associations etc or approach HC thru an able Labor Law Consultant/Service Matters Lawyer/Law firm, since he is being threatenedd of termination/dismissal............

Sudhir Kumar, Advocate (Advocate) 02 June 2015

factsw are not clear.

You no where said whether he is Govt employee or not and if so whether cetnral /state govt.

You have not clearly stated whether confirmation was there or not.

when he finaly got the relief then what was the case for which some employee went to court, what was the relife sought and how he was connected with the issue.