2 Answers
Dear Sir,
If you are a Workman
Termination without:
Domestic enquiry,
Charge sheet,
Opportunity of hearing, amounts to illegal retrenchment under Section 25F of Industrial Disputes Act.
High probability of winning, with:
Reinstatement OR
Lump-sum compensation (often ₹6–24 months salary or more)
If you are not a workman
You can still challenge termination on:
Arbitrariness
Unfair labour practice
Victimisation
Colourable exercise of power
Remedies may include:
Compensation
Damages for wrongful termination
Relief under civil court / High Court (limited reinstatement)
4. What evidence will help you WIN
Collect and preserve:
Appointment letter + service rules
Performance appraisals (manager ratings)
HR certificate praising your work
Emails appreciating your work
Termination letter
Proof of no PIP / no warning
Salary slips (to determine workman status)
Proper forum
If workman → Labour Commissioner → Labour Court
If non-workman → Civil Court / High Court (writ only in limited cases)
Dear Sir, as per your query,
1. You may have a case if the termination was arbitrary or unfair, especially since your reporting manager consistently gave higher ratings and the HR certificate acknowledges good and innovative work—this can show contradiction and mala fides.
2. Success depends on your status: if you were a “workman” under labour law, you can challenge termination before the Labour Court for illegal retrenchment; if managerial, relief is limited to damages via civil court.
3. Strong evidence matters: performance appraisals, emails, HR certificate, termination letter, and lack of prior warnings or improvement plans will be crucial to winning.
For further details, feel free to contact our OLQ Team for a detailed discussion