Confirmation due , employer asking to resign

I am not telling that going to Labour court is of no use.  There are many things involved,

1.  Lawyer fees.

2.  Time, lot of cases pending already, dont know how long it will take to get justice.

3.  Once you file case against employer, you are black listed, finding employment in other places will be difficult.  Word of mouth is dangerous thing here.

If she is good, why not simply resign and take up job elsewhere?  I agree court kacheri are tehre to solve these kind of dispute, but if you keep knocking door for such 420 ppl, you will keep doing so, on and on... as there is no dearth of 420 ppl, who get work done and wont pay, who get work done and ask to resign before confirmation date, the list is endless.

I am not saying you wont get justice, but you should have money and time here to fight and win.

Contact able counsel who deals with labour issues, preferably seasoned advocate LOCALLY.  All the best.

Chances are that she may be re-instated again after april 1st, as new financial year begins.  Just adopt wait and watch approach.

I fully agree with the learned friend "Helping Hand". However, if the Employer is Government, State/Central or Quasi Government, you may approach the Court taking proper professional help from a Competent and good Lawyer in the field.

What are the Teacher's association and federations are doing and they have a separate elected representative also, discuss with them, it is not that easy to terminate the employee who has completed probation.   As it is difficult, the management may be pressurising you to resign, so that they may appoint their own person now.  Sensitive issue to be decided in consultation with Union/Association and it is their dutry to take up such cases for due justice, as they have been regularly collecting contributions.

Apparently the management does not want to confirm the employment.

If at all your choice is resignation then tender notice of resigantin and mention notice period and LWD.

If you can negotiate and let work till she finds another emplyment.

Teachers are not covered by the def. of 'Workman' as in ID Act.

If this school affilliated with: say CBSE?

It is in which state?

Post full details about school.

First issue a legal notice to her employers one month in advance. Then let her approach a labour court for  being put to  unfair labour practice,victimization,harassment and highhandedness asking the court for Reinstatement with back wages. Prior to approaching the court tell her to to take the support of the Union  and collectively negotiate  and continue working along with confirmation of probation.

Teachers are not covered by the def. of 'Workman' as in ID Act.

So Labor Court is not the right forum.

Go thru:

CHAPTER-VII SERVICE RULES FOR EMPLOYEES

https://cbseaff.nic.in/cbse_aff/welcome.aspx

https://cbseaff.nic.in/cbse_aff/Attachment/OnlineServices/AffiliationByeLaws_14112012.pdf

Discuss in detail with local counsel specializng in service matters.

I am sending some  link to you.

Dear Mr.Kumar,

                       Thanks a lot for taking extra efforts and providing me links, please do provide more links required to have complete details,  i believe complaint is to be lodged with CBSE  , but cbse is not legal body

                       regards

CBSE officials, Officials under State Education Dept under whom the School establishment comes may be of help.

Discuss in detail with local counsel specializng in service matters.

 

Teachers are not covered by the def. of 'Workman' as in ID Act. So Labor Court is not the right forum.

Rest the link sent to you is exhaustive and your local counsel can guide further.