Surinder Virk, a former employee at Khalsa Primary School, has come out on top in a legal dispute with the society that operates the school. Virk also showed his nemesis Ripudaman Singh Malik, the school board chairman who dismissed him out of spite, that truth always wins out, with the judge siding with Virk over Malik’s testimony.

By PD Raj With News Files

VANCOUVER - A true Sikh like Surinder Virk always believes in truth and justice just as his faith has taught and what he bestowed on his students while working as a vice principal at Khalsa School.

But Virk didn’t know he would be targeted for his friendship with someone by the school’s chairman Ripudaman  Singh Malik, the man acquitted in the Air India bombing case, and be fired without cause.

Virk, a former employee at Khalsa Primary School, has come out on top in a legal dispute with the society that operates the school and the judge awarded him more than $75,000 in damages in the wrongful dismissal case. 

Virk also showed his nemesis Malik, who dismissed him out of spite that truth always wins out, with the judge siding with Virk over Malik’s testimony.

Virk told DESIBUZZCanada that he believes in the Sikh principles of justice and the truth and he knew that he would prevail in this fight because he was targeted for no reason other than his friendship with someone whom Malik hated.

“As a Guru’s Sikh, I’ve always stood for truth and justice my whole life and I’ve tried to bestow that on my students during my entire teaching career,” Virk told DESIBUZZCanada. “I always taught and preached to my students that Sikhs always take stand against injustice anywhere for anyone, without thinking of consequences. This was a very small a small step for me towards being a good Sikh, a good human.

Malik obviously didn’t know who he was messing with as Virk is a former champion power lifter who took the Canadian Powerlifting team to three world championships as a coach.  And he never takes any injustice lightly.

Virk, who was employed by the Satnam Educational Society of B.C. from September 1998 to June 2010, filed a lawsuit alleging wrongful dismissal and other employment breaches after being terminated from his job as a vice-principal at the Khalsa Primary School following the 2009/10 school year, reported the Vancouver Sun newspaper.

Virk, 50, felt he was an indefinite-term employee and that the society “unilaterally” put him on probation and withheld a raise before dismissing him without cause and without reasonable notice.

The society responded by arguing that he was a fixed-term employee and that his performance was not satisfactory and he was put on probation. It also alleged he did not meet the conditions of a wage increase and his fixed-term contract was not renewed after it expired.

While the Society disagreed, Virk’s position was supported by Jasbir Singh Bhatia, a principal at one of the four campuses of the school.

Malik , who along with Bhatia and Virk testified at the trial, claimed he was unhappy with Virk’s performance as a vice-principal.

He claimed that Virk was “non-caring,” accused him of being “in a clique” and urged him to take more “pride” and “ownership” in his job, the trial heard, reported the Sun.

Bhatia, however, testified that he was satisfied with Virk’s job performance. Virk denied the allegations levelled by Malik.

In her ruling on the case, B.C. Supreme Court Justice Barbara Norell said that she was impressed with Bhatia as a witness, noting that he was no longer employed by Satnam and had no personal interest in the litigation.

She found that where there was a conflict in the evidence between Bhatia’s assessment of Virk’s performance and Malik’s assessment, she accepted Bhatia’s account, reported the Sun.

“It was clear Mr. Bhatia was caught in the middle between Mr. Malik and Mr. Virk,” said the judge. “In my view, as a senior experienced teaching professional and the person who observed Mr. Virk the most and on a daily basis, Mr. Bhatia was the person best able to assess Mr. Virk’s performance.”

Malik became increasingly dissatisfied with Virk for reasons that coloured his perceptions of him, including that Virk was friendly with a former Satnam Trust employee who had filed a lawsuit against the society, said the judge.

“I find that Mr. Virk was discouraged by the situation, and felt that he was in a no-win situation,” said the judge. “This may have appeared to Mr. Malik to be non-caring. However, Mr. Virk described his very busy job and the more than full-time hours he was working, and I accept he was working hard in favour of the school.”

The judge concluded that Virk was an indefinite-term employee, was entitled to a pay raise and a 12-month notice period and awarded him more than $75,000 in damages, reported the Sun.