Appealing an RTI Application

Unfair dismissal, or a wrongful termination of an employee, is an act where an employer terminates/dismisses/removes an employee without providing any valid grounds of removal. It is imperative that the employer furnish strong and valid reasons for termination, and in case it is not provided, it’s a wrongful termination. Wrongful, also because the employee is not provided an opportunity to be heard. With this, even the fundamental legal principle which says, “Listen to the other side,” stands violated.
The main law which handles such termination is the Industrial Disputes Act, 1947 (ID), which will be under the Industrial Relations Code, 2020 (IRC), once effective. Under the IRC, termination for any reason other than disciplinary action will be treated as Retrenchment, which requires a months’ written notice period. This notice period must stipulate the reason for retrenchment. With the retrenchment being done, compensation must be equal to 15 days of average pay for every completed year of continuous service. Therefore, it must be noted that the employee has the right to certain payments, as per the IRC, or the employment contracts, as the case may be.

In the case of those establishments where not less than 300 workers have been in continuous service for one year, prior permission of the appropriate government is required for termination. Also, the employer is required to provide a three-month notice period to employees. In case the termination is done on grounds of misconduct, the employer needs not to provide any prior written notice. But the inquiry must have been done in accordance with the principle of natural justice, as mentioned, giving due opportunity to employees to present their contentions.
The IRC bars the jurisdiction of the Civil Court in any matter to which any provision of the Code applies. It also abolishes the Labour Court. Instead, it provides for the establishment of the Industrial Tribunal and National Industrial Tribunal as per Section 44 and Section 46 of IRC.
Issues related to the discharge and dismissal of workers, or the grant of relief, will be under the jurisdiction of the Industrial Tribunal as per Section 44(7) of IRC. The abolishment might curtail the rights of the workers in terms of denying access to justice. Across most legislations, the notice period is usually one month for termination of employment. Such notice entitlement is under the ID act and is also present in different State Shop and Establishment Acts.
Having no standard procedure, the main document is the Employment Contract between the employee and the employer wherein the terms and conditions are enshrined. In case the contract is arbitrary, it is to be noted that the labor law will supersede the employment contracts. Therefore, while terminating an employee, the employer needs to comply with the central and the state law, or the Codes, once effective. As mentioned, the employer must provide a reasonable reason for the dismissal. If the reasons are not provided, it is the prerogative of the employee to seek them. In case the reasons are unjust, the employee has the right to conduct an inquiry against the unjust treatment. The employee can send a legal notice to the employer in case of such unjust termination. The employee can finally move the Labor Court, in case no relief is provided from the employer. Once the Codes are effective, it will be the Industrial Tribunal, rather than Labour Courts.