Termination while adjudication dispute in high court - enquiry which was closed without declaration of any punishment

Management terminated a workman after 5 years of inquiry, giving reference to the inquiry which was closed without the declaration of any punishment. In between, the dispute of the said transfer was in courts. Management terminated with just one month's salary, which was not accepted and returned. How to overcome the issue. The matter is in the high court. Management tactfully uses the court award stating that the employee is not entitled to any relief.

Termination while a conciliation is pending before any authority is bad in law. Initiating a disciplinary action against any worker, not necessarily a protected workman as per the ID Act, should be with the approval of the authority under whom the conciliation proceeding is pending.

Your posting is lacking clarity. You are stating that the case is sub judice, yet, on the other hand, that management terminated the workmen using the court award. Are you the terminated workman or a management staff member? What actions should be taken by the management, and have they been done? You need to wait until the High Court gives its verdict.

Yes, the facts as posted lack clarity.

The case is about a terminated workman. The management terminated the workman after receiving an award from the labor court stating that the concerned workman is not entitled to receive any relief from the court. This decision has been further challenged in the high court. The termination order was issued without any financial settlement or payment of unpaid salary for the past 5 years. This action was based on an inquiry conducted 5 years ago regarding misconduct, specifically, the workman's refusal to obey reasonable orders from superiors by not relocating to the assigned location.