Does a teacher comes under labour law as workman to approach Labour law OR should approach civil court for dismissal from Army Run School.
sanjeev 19 December 2016
Does a teacher comes under labour law as workman to approach Labour law OR should approach civil court for dismissal from Army Run School.
Sudhir Kumar, Advocate (Advocate) 19 December 2016
Yes.
sanjeev 19 December 2016
sanjeev 19 December 2016
Kumar Doab (FIN) 20 December 2016
Teachers are not coverd as Workman'.
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
sanjeev 21 December 2016
sanjeev 21 December 2016
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. |
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you said " No Prov Fund". The sumit a complaint to the RPFC in writing giving details of the wages and perid of service.
Sudhir Kumar, Advocate (Advocate) 23 December 2016
The perusal of ternatin order can reveal as to ther which rule the order is there.
Is it as per the CCS Rules as applicable to Govt servants.
Is it under the Registered standing order under Standing Orders Act.
Is it under Shops and Commercial establishment Act.
Kumar Doab (FIN) 23 December 2016
The extent rules that apply to you should have made known to you.
Check the appointment letter and other employment related documents.
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