In an unprecedented order, Delhi School Tribunal headed by Shri N.P.Kaushik has imposed costs of Rs. 4 lacs on Army Public School, Dhaula Kuan since the school was found to have acted malafide in terminating the services of its four employees. The Tribunal in its order of 28 February 2011 said, “Perusal of the whole of the ACRs of the Appellants shows that they have been shown as either ‘Good’ or ‘Very Good’ in various columns relating to their performance and personality traits. In the first ACRs, the Reviewing Officer i.e. the Principal of the School recommended for extension of probation as a matter of routine. In the ACRs for subsequent year their confirmation on due date has been recommended. Recommending extension of probation as “a matter of routine” goes to show that the same was not done on merits. It was done with an ulterior motive. It further shows that the employer had made up its mind to dispense with the services of the employees without assessing his/her performance……………It clearly goes to show that the employer had adopted the policy of “hire and fire”. The Tribunal directed the school to reinstate the employees in services with benefit of full back wages.
Thursday, March 24, 2011
EMPLOYEES TERMINATION HELD MALICIOUS - DELHI SCHOOL TRIBUNAL IMPOSES RUPEES FOUR LACS COSTS ON UNAIDED SCHOOL
In an unprecedented order, Delhi School Tribunal headed by Shri N.P.Kaushik has imposed costs of Rs. 4 lacs on Army Public School, Dhaula Kuan since the school was found to have acted malafide in terminating the services of its four employees. The Tribunal in its order of 28 February 2011 said, “Perusal of the whole of the ACRs of the Appellants shows that they have been shown as either ‘Good’ or ‘Very Good’ in various columns relating to their performance and personality traits. In the first ACRs, the Reviewing Officer i.e. the Principal of the School recommended for extension of probation as a matter of routine. In the ACRs for subsequent year their confirmation on due date has been recommended. Recommending extension of probation as “a matter of routine” goes to show that the same was not done on merits. It was done with an ulterior motive. It further shows that the employer had made up its mind to dispense with the services of the employees without assessing his/her performance……………It clearly goes to show that the employer had adopted the policy of “hire and fire”. The Tribunal directed the school to reinstate the employees in services with benefit of full back wages.
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3 comments:
so many Public schools are there in delhi who are harrasing the teachers if they are asking the right or they want to retrench the staff,This unnecessary harassment should be stooped by the govt to take strict and prompt action against the public schools otherwise day is not far when people stop coming to this noble profession
same thing happened with me and my colleagues when my school terminated us ( 5 teachers) in the second year of our probation even though the all things were going fine and students & parents were satisfied.The school kept the new teachers on consolidated salary of very less amount than the sixth pay commission while we were getting sixth pay commission. we are fighting the case in tribunal and order is awaited.
sir, why the teachers are like puppet of the management and school? All expectations are from a teacher but when a teacher expect the salary in response of his all jobs in the school, then he/she has been taught the lesson of morality. What about the morality of an employer for his employees? Don't a teacher has its family to survive? Don't he can also think about to move in a car instead of bike and bicycle? Don't a teacher think about his family responsibilities? All the rules are why against a teacher who just want to impart the knowledge among his students and live a cool life.
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