Navigating Illegal Termination and Legal Remedies Under Indian Labor Laws

Respected Seniors,

I need your valuable advice on the below issue. One of my friends who was in a Senior Manager position was terminated by the company by mentioning false allegations. There was no inquiry conducted (the company says they have done it so), and no opportunity of being heard was given. Absolutely there is no proof with the company about any fraud committed. The company has so far failed to provide any sort of evidence.

1. How to deal with this issue.
2. The ex-employees of the company know how genuine my friend is. If my friend gets an offer from future employers, he wants to refer his ex-employees about his genuineness and show the termination letter on good grounds. Is it advisable?
3. Would it be advisable to approach the Labour Commissioner?
4. Will the prospective employer accept the case?

I need your advice at the soonest, please. Thank you very much for your time.

Hi Rao,
Need some clarity on the episode. Is there a termination letter issued? Please PM me.

Hi MAHR,

Yes, the termination letter has been issued. Moreover, they have lodged a complaint with the police, but the police have not accepted the complaint. They even tried to lodge a private complaint in the criminal court. The court too has not accepted the complaint.

Let me know if you need any further information.

Thank you,

Hi Nath Rao,

It's financial allegations. Not proved. My friend has a copy of the termination letter but has not received any complaint letters. Can you please advise on whether he can mention this to the prospective employer? Hiding this information may have an impact at a later stage.

Thank you.

Rao,

This is a call that your friend may have to take. Informing a prospective employer can have two impacts - either they take an understanding view and appreciate that the employee is not hiding anything, or they can be neutral, saying we do not know the facts from both sides. I would bring it to the notice of the prospective employer at the initial stage itself and accept the outcome of mentioning this problem.

Hi Nath Rao,

Thank you very much for your help. My friend has already sent a legal notice and is in the process of pursuing a defamation suit. Would it be a good idea to approach the Labour Commissioner as well? The company is spreading false propaganda by claiming they have filed a criminal complaint against my friend, which are not true. Can he pursue another legal case in this situation?

Once again, thank you very much for your valuable time and advice.

Regards,

Mr. Rao,

Firstly, he is not considered a workman under the Industrial Dispute Act. Secondly, he can approach the Assistant Labor Commissioner, but the Labor Commissioner may not show much interest as it is not a workman's case.

Even if the Assistant Commissioner of Labor shows interest and attempts to facilitate a settlement between the parties, if the settlement is unsuccessful, a failure report will be sent to the department's secretary. The secretary will then refer the case to the labor court, but it may not be upheld as he is not a workman under the ID Act.

He has the following options:

- He can take the matter to civil court and file a complaint.
- He should consider leaving the company where he is currently unwanted.

Experts, please correct me if I am mistaken.

Dear Colleague,

Agitate against this cause of action before the Honorable Supreme Court of India invoking its jurisdiction under Article 32 of the Constitution of India to enforce Article 39 of the Constitution of India in the form of PIL (Public Interest Litigation).

Do not waste your time. Don't look here and there. All are a waste of time. Hit the right place at the right time to bring about substantial change.

I am alone fighting this cause of action. The remedy is PIL (Public Interest Litigation) before the Supreme Court of India to bring about specific legislation governing the employment and working conditions of white-collar workers.

This issue is prevalent across India because, currently, there is no specific legislation governing the employment of white-collar workers under the Indian legal regime. Primarily, none of the labor laws apply to them, and their service conditions are governed by the respective employment contracts containing all terms and conditions overseeing the employment. In the absence of any specific statute or principles governing the employment of white-collar workers except for the basic provisions applicable under the Indian Contract Act, 1872, and judicial precedents regarding the legality and sanctity of the contractual termination provisions.

I have filed a suit against Indian Drugs Pharmaceuticals Ltd, Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, Government of India in Patiala House court vide case no CS-201/2015 before SCJ, Kiran Gupta. However, I am taking the plaint return after 6 months to file before the Supreme Court of India in a Writ for invoking Jurisdiction under Article 32 of the Constitution of India.

Keep fighting for generations...

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Thank you for your patience and attention. Let me know if you need further assistance.

As a senior manager, he cannot move the Labour Court as he was not a workman as per the ID Act. The best option is to move to the High Court with the termination letter stating that the principles of natural justice were not followed. By all means, he may get a stay order.

Dear friend,

Agitate against this cause of action before the Honorable Supreme Court of India by invoking its jurisdiction under Article 32 of the Constitution of India to enforce Article 39 of the Constitution of India through a PIL (Public Interest Litigation).

Do not waste your time. Don't look here and there. All that is a waste of time. Hit the right place at the right time to bring about substantial change.

However, you can go to the High Court in writ form because your fundamental rights have been infringed, and there is a violation of the principle of natural justice. But the permanent remedy is a PIL (Public Interest Litigation) before the Supreme Court of India to bring about a specific legislation governing the employment and working conditions of white-collar workers.

This issue is prevalent across India because, currently, there is no specific legislation governing the employment of white-collar workers under the Indian legal regime. Primarily, none of the labor laws apply to them, and their service conditions are governed by their respective employment contracts, which contain all terms and conditions regarding employment. In the absence of any specific statute or principles governing the employment of white-collar workers, except the basic provisions under the Indian Contract Act, 1872, and judicial precedents regarding the legality and sanctity of contractual termination provisions.

I have filed a suit against Indian Drugs Pharmaceuticals Ltd, Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, Government of India in the Patiala House court with case no CS-201/2015 before SCJ, Kiran Gupta. However, I am taking the plaint return after 6 months to file before the Supreme Court of India in writ form by invoking jurisdiction under Article 32 of the Constitution of India.

Stay fighting for generations...

Dear Rao,

Greetings from MPower HR and Labour Laws Solutions in Bangalore.

Kindly call me at the number below for further discussion and understanding.

Regards,
Govind Sagar
9036368502

I am afraid there is no option for going to the Supreme Court under Article 32 as he is not in public service and no fundamental rights are involved. He may approach the High Court under Article 226 or file a Civil Suit in the jurisdictional Court.

Article 14 has been infringed. Rao has not been given the opportunity to be heard. The company has ignored the due legal process and set an example of the vulnerability of Rao at the hands of the power elite. This also offends the spirit of Directive Principles contained in Articles 39(a) and 41 of the Constitution.

Moreover, I have been focusing on Public Interest Litigation (PIL). This has not only happened to Rao but is happening every day across India, with some cases reported and many unreported.

The recent stay of the Supreme Court against the Allahabad High Court decision regarding Siksha Mitra is commendable.

Thanks & Regards,
9968337815

Hi all,

My sincere thanks to all for responding to the issue. My friend has sent out a legal notice to the company. Alternatively, he is approaching the Labour Commissioner (this may work out or not), but this will be like troubleshooting for the employer. On the PIL, my friend is thinking about it.

Is it possible to approach the High Court directly on this matter by moving a Miscellaneous petition? I heard that the High Court may not entertain the petition unless we approach the lower court and get the orders. I request members to suggest on this.

I will be posting the updates. Once again, thank you very much. It is a very good forum, and a lot of meaningful discussions are going on.

Knowledge Sharing is Knowledge Gaining.

Cheers,

High Courts have a wider jurisdiction under Article 226 than the Supreme Court under Article 32. A Writ Petition to the High Court lies if the case involves a violation of statutory or constitutional rights. However, please note that a Writ Petition is a discretionary remedy, and there are uncertain factors as to the relief you may be able to get.

Personally, it is my considered opinion that a civil action in the local court provides the best remedy.

True, I agree with the opinion of Pvenu. It depends on the nature of the suit and the purpose of the suit. Freedom of choice depends upon the purpose of the litigants. Rao has already adopted a soft, slow, and steady stand to achieve his goal. Good luck!

Dear Mr. Venu & Poddar,

Thank you very much for your views and the wishes. I know it's a long way to achieve the intended goal. My friend is very firm, and he is hopeful that things will be in his favor.

Regards,

Dear Experts,

One more piece of advice is needed. My friend has not received the Service Certificate yet. He has very recently requested it. Can the organization refuse to issue the Service Certificate? If so, on what grounds and why? What actions can my friend take?

Thank you.

Under the prevailing situation of an undeclared state emergency by the ruling government, your friend does not require any certificate from a private company. Your competency, conduct, and honesty are the bona fide certificates to earn a livelihood in the open market. Try to analyze the present situation and reflect on your own abilities and life goals.

Dear questioner,

From your post, it seems that your friend was employed in a managerial capacity. As such, he is not entitled to any remedy against his alleged illegal termination under the Labour Laws. No writ would lie against a private employer. So the only option available to your friend is to seek civil remedy and claim just damages for the breach of the contract of employment to mitigate the effect of the illegal termination to some extent.

Dear well-wishers,

I wish you a Happy and Prosperous New Year 2016. May the New Year help all of us in achieving our goals and aims. I will keep you updated about the developments on the specific issue that I have raised and sought your advice.

Regards,