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shalini   04 June 2015

Forcing for resignation

I am working as a Asst. professor in private university. Since last 25 days, I am under pressure to put up my resignation without any written explained reasons. In order to bring the person from acquantince my boss is trying to expel me by putting up some fradulent allegations. 

I have denied for resignation and ask to face inquiry if I am guilt but they are reluctant to set up inquiry panel since last one month. More over it is palnning to bring someone else of his relatives may be. 

since it is first year of organization and my career is going to severly affect by loosing this job and I may not able to get a quick job. 

Now they have stopped my salary  and bycott me from each every operations process. My boss is not ready to interact and face me for any discussion. I am alone isolated in the organization in my cabin and coming to office in order to protect bread of my family. 

Please suggest me to way out from it and i could be able to save my job? 

 



Learning

 4 Replies

saravanan s (legal advisor)     04 June 2015

first try to take the issue to the next level (beyond hod) maybe to the principal or someone who is above hod in hierachy and see whether any action is initiated as required.if nothing is hapening- - raise the salary issue.if more than a month salary is pending then send them a notice demanding explanation why your salary had not been disbursed and give them some 15 days time to settle the same.if still they are reluctant then take the issueto the labour commissioner

H.JanakiManohar Rao (lawyer)     04 June 2015

In private institutions anything is possible.They may intiate diciplinary action against you  so as  to remove you from the institution.So it is always better to leave the institution peacefully.If you want to fight, it is better approach the press and inform them what is happenning or if you know high official in the concern university you approach him and influence the management.

Adv. Chandrasekhar (Advocate)     04 June 2015

I do not know in which State you have been working.  Because, there is a codified rules and regulations to take disciplinary action against the erring teaching faculty member.  As per the general procedure, a memo has to be issued framing the charges against the delinquent professor and opportunity should be given to give his/her side of version.  Termination or dismissal of the services of such profession may tantamount to illegality and if the illegally terminated professor approaches the court, he will be reinstated.  To avoid this complication, your management is trying to force you to resign.  Forced resignation is not acceptable to the law.  Similarly, resignation obtained putting him under duress is also illegal.  But, you must prove that you are being forced to resign by documentary evidence.  Here comes, Mr. Sarvanan's advice in hand.  You write a letter to the higher authority saying that how you are forced to tender resignation.  If you feel that higher authority is also involved in this abominable act, then you should send a letter to the vice-chancellor and chancellor by registered post/speed post with acknowledgement due.  This document will help you in future.  Next, write a letter to the Administrative incharge to disburse your salary within a week failing which you would be approaching the court.  If they will not give salary, then you have to approach the court.  Keeping you aloof and not talking with you and not giving any work to you by the management is to test your nerves. You should win this psychological battle.  So stay calm and cool and spend your working hours without bothering this social ostracisation by availing it in academic persuits.    Harassing a woman in workplace attracts some other penal provisions.  But your adroit advocate may run his mind in that direction to get you some benefits out of this facet.

Wish you best of luck. 

Kumar Doab (FIN)     04 June 2015

1. Build irrefutable evidence of being forced to write your resignation (audio/visual/witnesses/minutes) etc. The Employee's/Trade Unions leaders e.g. CITU/INTUC/AITUC etc and various forums/unions of Teachers can be your representative and witness.

2. The State Education Act, and affiliating Univ. lays down service conditions, Conduct and Discipline Rules etc. Download these.

 

3. Once you have the evidence you can escalalte to 1st then next levles of heirarchy in your Instt. and take it further.

 

4. Not assigning any duty may not bother you much as it is aimed to preturb you and coerce you to commit some error and separate.

 

5. Non Payment of salary is breach and can be termed offensive.

You may write to Principle (under proepr acknowledgment and with a copy to you) and request to supply you the reasons for non payment.

 

6. Since you are being forced/coerced you can approach court of law.

 

7. If there are other adverse situations then you may contemplate to approach police/women cell.

 

8. Firm up another venture ASAP.

 

9. You can also discuss the matter in person with an able Labor Law Consultant/Service maters lawyer and show all documnets pertaining to appointment, service conditions, Conduct and Discipline Rules etc and proceed further under expert advise of your lawyer.

 

 


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