Just want to clarify,
Was the judgement under shop and establishment act or under indipustrial dispute act ?
While they may not be workers under indistrial dispute act, schools and colleges are required to comply with the requirement of shop and establishment act and therefore the teachers would be protected under it. Like they would be covered under payment of wages act, gratuity act, pf act irrespective of them not being a worker under factory or indistrial dispute act.
Of course, the Orissa act would have the detailed provisions, but I am not clear on it as I am not able to Find a copy of it online.
From India, Mumbai
2395Was the judgement under shop and establishment act or under indipustrial dispute act ?
While they may not be workers under indistrial dispute act, schools and colleges are required to comply with the requirement of shop and establishment act and therefore the teachers would be protected under it. Like they would be covered under payment of wages act, gratuity act, pf act irrespective of them not being a worker under factory or indistrial dispute act.
Of course, the Orissa act would have the detailed provisions, but I am not clear on it as I am not able to Find a copy of it online.
From India, Mumbai
Dear Saswata,
Citation of the case I've mentioned is1988(57)FLR 462 and it is a case under the ID Act,1947. I am not sure whether educational institutions would be covered under definitions of 'shop' 'establishment' or 'commercial establishment'.
From India, Salem
Citation of the case I've mentioned is1988(57)FLR 462 and it is a case under the ID Act,1947. I am not sure whether educational institutions would be covered under definitions of 'shop' 'establishment' or 'commercial establishment'.
From India, Salem
Dear All,
For the this clarification, you will have to go through the Shop & Establishment Act of each individual state.
Some of the states has covered "Educational Institution" under the definition of "Commercial Establishment", like Delhi "educational or other institutions run for private gain", whereas some has not.
But, some states also amended the Act later on and covered the Educational Institution under the Act.
So, kindly check for the same.
From India, Delhi
For the this clarification, you will have to go through the Shop & Establishment Act of each individual state.
Some of the states has covered "Educational Institution" under the definition of "Commercial Establishment", like Delhi "educational or other institutions run for private gain", whereas some has not.
But, some states also amended the Act later on and covered the Educational Institution under the Act.
So, kindly check for the same.
From India, Delhi
Dear Umakanthan Sir, you did not reply to my query or if any one could kindly guide on this : where the suit should be filed? what will be the procedure? the incident happend in the same way as it is told here that no fight or argument no hint of something this sort of going to be happen. leave alone any enquiry not a single sentence told to him in this regard. so what 'll be the possiple action of the court?
please help.'regards.
attribution https://www.citehr.com/481846-unlawf...#ixzz2rPbzpQH9
From India, Kolkata
please help.'regards.
attribution https://www.citehr.com/481846-unlawf...#ixzz2rPbzpQH9
From India, Kolkata
Dear Frankk,
Better engage a Counsel and he'll guide u peoperly. However, first, pl ascertain from the Regional office of the Directorate of School Education whether they 've got jurisdiction to interfere n take cognizance of a dispute like urs n the Minority Eductn Institution. My view is that u should prefer an appeal to the Managing Committee or the Correspondent of the institution. Let ur appeal be brief n upto the points of ur grievance n redressal sought for; nothing personal against the Principal or anyone in the Academics or Administration.If no reply or in the case of a negative one, ask ur Counsel to send a legal notice n depending upon the outcome he will file a suit in the Civil Court having jurisdiction.
From India, Salem
Better engage a Counsel and he'll guide u peoperly. However, first, pl ascertain from the Regional office of the Directorate of School Education whether they 've got jurisdiction to interfere n take cognizance of a dispute like urs n the Minority Eductn Institution. My view is that u should prefer an appeal to the Managing Committee or the Correspondent of the institution. Let ur appeal be brief n upto the points of ur grievance n redressal sought for; nothing personal against the Principal or anyone in the Academics or Administration.If no reply or in the case of a negative one, ask ur Counsel to send a legal notice n depending upon the outcome he will file a suit in the Civil Court having jurisdiction.
From India, Salem
Teacher has been held to be NOT a workman so provisions of ID Act do not apply to him. Look for State schools Education Act and relevant provisions under it. Since it is minority institution the decision of Apex Court in Modern School case regarding minority institution governs the field.
From India, New Delhi
From India, New Delhi
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Termination-emp loyment_563.pdf
TEACHER PERFORMANCE APPRISAL SYSTEM.zip
Termination letter.doc