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Pravesh DabasAdvocate Delhi, India

05 · Employment & Service Matters

Wrongful Termination Disputes

Wrongful termination disputes arise when an employee is dismissed or retrenched without following the contract or the law.

What this covers

  1. 01Illegal termination and retrenchment
  2. 02Disciplinary proceedings and domestic enquiries
  3. 03Reinstatement and back wages
  4. 04Notice pay and severance
  5. 05Termination of government and public-sector employees

How it generally works

For workmen covered by industrial relations law, retrenchment requires notice, compensation and, in larger establishments, prior permission. A termination in breach of these requirements can be set aside, with reinstatement or compensation.

Dismissal for misconduct usually requires a fair disciplinary enquiry following the principles of natural justice.

For other private-sector employees, remedies depend largely on the employment contract, and are generally limited to damages such as notice pay.