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WRONGFUL vs UNFAIR DISMISSAL

“The connection between employers and employees has been revamped because of the instantaneous elevation of the corporate sector. The nature and number of disputes have sprung up due to the existence of antiquated employers in the industry. The frequent conflicts include age, harassment, pregnancy, biased view of superiors, long hours of work, low recognition, inter alias.

The Constitution of India substantially regulates matters related to the employment sector in India. ‘Right to work’ has not been unequivocally embodied under the Constitution of India. However, in 1985, the Hon’ble Supreme Court widely interpreted Article 21 through its judgment in Olga Tellis&Ors.vs Bombay Municipal Corporation &Ors[1], included ‘right to work’ under the fundamental right of ‘right to life.’ The Central and State governments have framed specific laws to regulate employment matters, namely Factories Act, 1948, Industrial Disputes Act, 1947, Payment of Wages Act, 1937, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, Employees’ State Insurance Act, 1948, Shops and Establishments Acts, etc. Municipal laws, collective and individual agreements, as well as judicial precedents, cover a muster of issues, which may be general or specific.

An employer and employee draw an ‘Employment Contract’ when they enter into a legal relationship. This contract condenses the terms of the relation, nature of the work, rights and duties of the parties, working hours, etc. The most ordinary meaning of ‘Dismissal of employment’ refers to the cessation of the employment contract by the employer against the wish of the employee. An employee may be dismissed on various grounds; the nature of the same may be fair or unfair or legal or illegal. The factors which are included under the umbrella term of ‘dismissal of employment’ include inefficiency of workers, information theft, misconduct, fraud, sexual harassment, violation of contract, personal biases, amongst a few.

 

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