Wrongful termination in India involves dismissal violating contracts, laws (like discrimination, unfair procedure), or company policy, with key cases often revolving around reinstatement, compensation (back wages), and procedural fairness, as seen in instances like Kailash Singh v. Mayo College (educational institutions) or various rulings where courts order employers to reinstate with back pay or pay … Read more
Removal from service based on an internal (departmental) inquiry requires strict adherence to principles of natural justice, ensuring the employee is informed of charges and given a fair opportunity to defend themselves, as required under Article 311(2) of the Constitution for civil servants. A proper inquiry must be conducted, allowing for cross-examination of witnesses. In … Read more
Appealing a Labour Court decision to the High Court in India typically involves filing a writ petition (like a Writ of Certiorari), as there’s often no direct statutory appeal, focusing only on questions of law, not facts, within a specific timeframe (often 90 days under the Limitation Act). The High Court reviews if the Labour Court correctly applied … Read more
Labour court cases for wrongful termination in India involve proving illegal firing—such as lack of due process, discrimination, or breach of contract—to seek reinstatement, back wages, and continuity of service. Remedies often include reinstatement with 50% back wages or lump-sum compensation, as seen in recent rulings. Key Aspects of Wrongful Termination Cases Definition: Termination is considered … Read more
This is case digest on Judgment of Punjab Education Tribunal challenged before Punjab and Haryana High Court at Chandigarh wherein the proposal of management to dismiss was rejected by the Director Higher Education and same was upheld by the Education Tribunal Punjab at Mohali. Now the college management went in writ petition before high court … Read more
This post is a case digest on Removal From Service Challenged in High Court after CAT Tribunal maintained the order of termination from services. The petitioner cannot be regularized or reinstated in the government due to his age. High Court held that the Maharashtra Administrative Tribunal has erred in holding that the impugned order does … Read more
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