What Are The Legal Remedies For Employees Facing Illegal Termination In Delhi?

Termination of a worker may prove to be a completely frustrating and unbearable experience, especially if it is improper and against the relevant laws. Delhi has been more of an eyewitness to issues relating to wrongly discharged employees due to the alleged breach of contract, discrimination, or retaliation. It is the knowledge of your rights that gives one recourse under the law and acts as a power to demand justice..

What is an Illegal Termination?

Illegal dismissal refers to the dismissal of an employee, violation of labor laws, contractual arrangements, and constitutional provisions and rights. Anything like whether an employee was an employee of the organization and worked for the employer could also make the employer liable. Typically, wrongful termination includes discharge without due process, discrimination, retaliation against whistleblowers, and violating statutory protections. 

What are the Grounds for Illegal Termination?

Breach of Employment Contract:

Wrongful termination occurs when an employer fails or refuses to follow the conditions laid down in the employment contract. The wrongful dismissal exists when the dismissal of the employee has been done under a breach of the contract by the employer.

Discrimination and Harassment:

Discharge of a worker on grounds of gender, religion, caste, disability, or pregnancy is not only a gross violation of fundamental rights but also against labor laws. The illegally dismissed workers can challenge their termination in a court of law.

Retaliation for Whistleblowing:

Whistleblower’s laws serve generally to protect and shield any person revealing the illegal activities and unscrupulous exploitation of the organization. Retaliatory dismissal occurs when the person dismissed was allegedly fired in retaliation for reporting suspected wrongdoing. 

Infringement of Labour Laws:

Under the definition, the Industrial Disputes Act, of 1947, and other employment acts like the Shops and Establishments Act, a dismissal that does not comply with these regulations is referred to as illegal. For ex: when, even without a proper hearing, an employee is terminated due to not being paid his/her due wages on completion of their work.

Legal Framework Governing Employment in Delhi

Industrial Disputes Act, 1947: 

This act has enforced the protection of industrial employees against arbitrary termination. Accordingly, no employee who has been in continuous service for a period of more than one year is allowed to be terminated without a valid reason established in particular procedures, including a notice period and compensation.

Shops and Establishments Act: 

This Act contains provisions for working hours, intervals for rest, leave policies, and terms of termination of employees working in commercial establishments. The act provides for procedural requirements for the discharge of the employee. Therefore, removing employees arbitrarily is illegal.

Contract Act of 1872: 

All existing contract provisions are automatically in place regarding an employee who has been terminated for violating the terms of their employment contract. 

Immediate Steps to Take After Illegal Termination

Documentation and Evidence Collection:

The employee must gather the essential documents, such as employment contracts, termination letters, salary slips, emails, and anything necessary to support the claim.

Written Notice to the Employer:

The employer must be notified of and accused of error in writing by the terminated employee. It represents a record of grievance that can lead to an amicable settlement.

Consultation with a Lawyer:

The need of the hour is to seek legal advice so that both parties understand the incredibly complex issue of what remedies are available to them and their best course of action. A labor law expert can guide the employees on which steps to take for filing complaints and taking legal action.

Legal Remedies for Illegal Termination in Delhi

Reinstatement:

Labor courts can order reinstatement of the employee, including back wages and benefits if the termination is found unlawful.

Compensation and Damages:

Besides reinstatement, alternative remedies may be monetary compensation for the employees due to loss of suffering, emotional distress, and damage to the professional reputation of the employee.

Section 33 of the Industrial Disputes Act:

With a provision for wages, bonuses, or other dues payable to the worker. These dues can be claimed before the Labour Court, only if the employer has denied payment.

Filing Complaints with the Labour Authority:

Such complaints may be lodged with the labor commissioner or within the jurisdiction of the tribunal that conducts investigations and mediations in disputes between employers and employees.

Case Laws

Harjinder Singh v. Punjab State Warehousing Corp. (2010) 3 SCC 192

The Supreme Court set aside terminating the services of the workman, emphasizing that the object of the labor legislation is the prevention of arbitrary dismissal of workers.

Bharat Forge Co. Ltd. v. Uttam Manohar Nakate (2005) 2 SCC 489

The Court reiterated that termination, where the employer appears to have followed the due process, does not automatically require reinstatement. However, for unjust procedural conduct, the decision shall have been nullified.

Approach to Labor Courts

Labor courts regulate wrongful dismissal and any other infringement of employee rights. The affected employees may lodge their grievances in these courts; they will have to explain their cases to sustain.

Procedure for Conciliation and Mediation

In most labor disputes, the dispute is conciliated by mediation, where a neutral party will try to mediate between both sides of the dispute, employer and employee.

Petitioning the High Court:

When other avenues fail, the aggrieved employees may approach the High Court for justice. Based on the merits of a case, courts are empowered to award compensation or reinstatement or such relief. 

Conclusion

Delhi offers a variety of remedies to employees who would suffer wrongful discharge, namely reinstatement, compensation, and redress through labor courts and tribunals. Knowledge of these rights is critical for attaining justice.

Wrongful termination may have adverse effects on a person’s livelihood and well-being. Employees should seek legal advice and pursue their rights. Employees can enforce accountability and protection against unlawful termination through an informed knowledge of their rights and remedies available therein.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

What should I do immediately after being wrongfully terminated?

If you think your termination was illegal, take these immediate steps:

• Gather any relevant documents, including the employment contract, termination letter, salary slips, and e-mails.
• Put everything down on paper for the employer, contesting the termination and outlining concerns.
• Consult with a labor lawyer to discuss the facts and legal options available in your case.

Will I get my job back after wrongful termination?

If you are found wrongfully terminated by the labor courts, they could order reinstatement along with back wages accrued by compensation. In certain instances, however, the court may order compensation instead of reinstatement on account of the impossibility of continuing employment.

What compensation can I claim if I am wrongfully dismissed?

You can claim as damages the following:

• Monetary damages for lost wages and benefits.
• Damages for emotional distress and reputational damage.
• Any dues which remain unpaid, including wages, bonuses, or 

Other financial entitlements by Section 33C of the Industrial Disputes Act, 1947.