Confirmation due , employer asking to resign

Dear Mr.kumar,

                             My  wife has submitted the resignation mentioning asked by the school principal again and again forcefully, school resisted to remove as asked by principal.She deny same time same day school issued a letter stating  a misbehave of past without any facts , she denied it very strongly.School immediately terminated her same day within a hour time .

                              What to do?

Her probation yet to complete on April 01,2017 ,she is not confirmed 

Dear Mr.kumar,

                             My  wife has submitted the resignation mentioning asked by the school principal again and again forcefully, school resisted to remove as asked by principal.She deny same time same day school issued a letter stating  a misbehave of past without any facts , she denied it very strongly.School immediately terminated her same day within a hour time .

                              What to do?

Find another job.  I sincerely believe in the Law and that justice will be got.  But in India to get justice you need to spend too much money and too much time.  Even if you are culprit to be hanged or to be sent to jail it take so much time that person itself will pass away [Miss J Jayalalitha or King of Mysore who passed away couple of years back], such is the state of affairs in our great country.  It is easier to find other job than break head about this one.  Just making internet available with Jio offer will not bring acche din modi ji.

My 1st post was:

“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.”

Then:

“Discuss in detail with local counsel specializng in service matters.”

Did you discuss?

Now you have posted that:

“She deny same time same day school issued a letter stating  a misbehave of past without any facts , she denied it very strongly.School immediately terminated her same day within a hour time .”

SO an issue was there that is alged to have happened in the past.

Do you have acknowledgment/evidence of resignation letter submitted by employee?

Has the school management obtained acknowledgment of said letter leveling allegation of misbehavior (miscnduct) from employee?

Has the school management obtained acknowledgment of termination order from employee?

Has said reason (allegation, misconduct) been mentioned in termination order? If yes, it is stigmatic.

Either apply your skills and tender resignation (preferably notice of resignation………………as suitable to both parties) under proper acknowledgment and get the termination order withdrawn (in writing…………………… as suitable to both parties).

In other words trade/exchange termination order with resignation.

Or contest it and get it withdrawn on merits, thru authority/court of law.

If allegations of misconduct are false/malafide/smacking of malice and opportunity of hearing/natural justice is not given, employee can agitate (on merits……….).

If the said action of termination has affected employability etc of employee then claim damages may be suggested by your own counsel.

In any case it is your call.

It is reiterated that you must consult local counsel specializing in such/service matters and also attempt to avoid litigation as much as possible.

Try to find another job for her.

This school may not accept her back easily, until or unless you have the means and resources to impress them.

In future adopt an approach that keeps away from creation of such situations and such penultimate actgions and resultant litigations.

DearMr.Kumar,

                         I am little busy till 15march, so will update after that, sorry please.

                          Regards

School teachers with regard to their service disputes such as Termination etc are governed by School Treibunal constituted under Schoooll Tribunal act. So you can AGITATE FOR YOUR RIGHTS IN THIS FORUM. IF IT DOESN'T PROVIDE THE RELEIF OF REINSTATEMENT ANS  BACK WAGES YOU CAN APPROAQCH HIGHCOURT Joining the school tribunal as opposite party and getting Directions through a writ of Mandamus or Certiorari to quash the termination ORDER AND ALLOW YOUR PRAYER FO RREINSTATEMENT AND BACK Wages. If Highcourt DOESNT GIVE RELEIEF APPROCH SUPREME COUET B Y FLING AN slp. i FEEL AT THE STage of School tribunal itself your  problem or dispute with School authorities will be resolved.