sanjeev 19 December 2016

Unfair Dismissal of Teacher

Does a teacher comes under labour law as workman to approach Labour law OR should approach civil court for dismissal from Army Run School.

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23 Replies

Sudhir Kumar, Advocate (Advocate) 19 December 2016

Yes.

sanjeev 19 December 2016

Sir Yes for Labour Law ?? Or Civil court

sanjeev 19 December 2016

In case a dismissal or termination letter is issued to a teacher .Does he have option not to accept the same if unfair

Kumar Doab (FIN) 20 December 2016

Teachers are not coverd as Workman'.

1 Like

Kumar Doab (FIN) 20 December 2016

Is their any educational tribunal in your state?

Not to accept what; termiantion letter or Termination order?

jyotirmaya behera (advocate) 21 December 2016

It’s a Army school that means that govern under the rule and regulation as per their own (special rule). There may be a separate tribunal for adjudicate this type of case. If they have no then you may file case at Central Administrative Tribunal (CAT) or before the High Court.

In case of dismissal or termination letter you have to challenge that order and you should made the prayer to quashing the said order.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

jyotirmaya behera (advocate) 21 December 2016

There have any enquiry against you?

What is the reason for the termination?

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

sanjeev 21 December 2016

There was a inquiry by Army Unit which runs the school.After inquiry Termination letter has been given w/o mention of reason.No notice has been given as mentioned in contract letter.Also NO Warning has been given.A one line letter has been given by chairman of school saying your services are terminated.

sanjeev 21 December 2016

As a teacher I was not getting Gratuity No writing any CR No auth to sanction any ones leave No one under me No Provt Fund Its just an job of teaching in pre primary school being run by army as welfare measure. I feel I should be treated as workman.

sanjeev 21 December 2016

Sir I have read in one of the forums on LCI that it's not specifically a designation but certain conditions which decide whether he is work man or not. That's why I feel in light of above conditions mentioned that a teacher is works man.Pl clarify...

Sudhir Kumar, Advocate (Advocate) 23 December 2016

Originally posted by : jyotirmaya behera
	It’s a Army school that means that govern under the rule and regulation as per their own (special rule). There may be a separate tribunal for adjudicate this type of case. If they have no then you may file case at Central Administrative Tribunal (CAT) or before the High Court. In case of dismissal or termination letter you have to challenge that order and you should made the prayer to quashing the said order. Jyotirmaya Prasad Behera Advocate, Orissa High Court 9861819294

I am sorry to hold a different view.

First fo all the employees of Army Schols are not even Defence Civilians. i.e. they are not paid by any CDA they are not govt employees.

So it is incorrect to assume them to be govenred by seperate law as soldeirs.

SInce they are not govt employee they cannot move to CAT.

Yes. High Court may be the avenue if the state is not having any Education Tribunal.

Sudhir Kumar, Advocate (Advocate) 23 December 2016

Originally posted by : sanjeev
	As a teacher I was not getting Gratuity No writing any CR No auth to sanction any ones leave No one under me No Provt Fund Its just an job of teaching in pre primary school being run by army as welfare measure. I feel I should be treated as workman.