The Principal Labour Court, Chennai ordered one of India’s leading technology companies to reinstate the employee by treating the employment termination as unlawful.
The Court held that the employee was a ‘workman’ and hence entitled to protection under the retrenchment provisions of the law.
The litigation protracted for 7 years (only lower judiciary) resulting in Order for reinstatement of workman with back wages.
The Principal Labour Court, Chennai in its recent judgement1 held that the petitioner would not lose his entitlement as a workman as per Industrial Disputes Act, 1947 (“IDA”) merely because he had been doing some lead role along with his main duty. As a result, the termination was held to be illegal as the employer did not comply with the twin conditions enunciated under section 25-F2 of the IDA.
The dispute arose as a result of the termination of employment of an employee (“Petitioner”) by the employer, a leading technology company in India. The Petitioner was employed with the employer since August 10, 2006. The Petitioner’s employment was terminated by the employer with effect from February 2, 2015, as a result of performance issues.
Following the failure of conciliation, the Petitioner challenged the termination of his employment as illegal and accordingly filed an application before the authority competent to hear such disputes, the Principal Labour Court at Chennai (“LC”), as per provisions of the IDA. The Petitioner claimed to be a ‘...
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