Illegal termination of employee by employer

I am Jaspreet Kaur, used to be a technical Trainee in digital India corporation. I was on contract for one year. But my contract had been extended year by year till 3rd May 2018. I joined this organisation on 4th nov 2013. I want to ask what are my legal rights . I am mother of 14 months kid. I asked creche facility from my organisation but in response I got reliving letter . So can anybody help. The organisation is saying we can’t help it , it was a temporary job so u r relieved.they have not giving even notice to me. I worked there around four and a half years .On 3rd may I got a releving letter without notice for one month. Which comes under my contract. Thanks for the help in advance.

Answers (2)

82 votes

Dear Jaspreet,
It is important to note that though you worked as a temporary employee in the DCI, you have substantial rights insofar your employment contract is concerned. There are various options available to you for pursuing your case at hand; Firstly, being an employee of DCI, which is a state (by state We mean a Govt. corporation) under article 12 of the constitution and is , therefore, under the Writ jurisdiction of Article 226/227 of the Constitution of India. Your termination without a notice is certainly bad in law and otherwise. You would also have certain other rights as entailed in your employment contract and termination with a proper notice beforehand is one of them. You may approach labour court also given the fact that your employment contract needs to be seen. However, DCI being a government corporation you can approach High Court in a writ jurisdiction.

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252 votes

Hii Jaspreet,
For the actual understanding of the facts of your case, documents need to be looked into.
Nevertheless, If we go according to the facts disclosed above, prima facie it a case of "Illegal Termination" and you are entitled for compensation under Industrial Disputes Act.
The law is well settled on this aspect that if the services of a worker, who had been appointed on contractual basis, is availed by an employer as if a regular employment and has been extended from time to time for its own good. The worker shall be treated as a workman under Section 2 (s) of the Industrial Dispute Act and the services of the workman shall be treated and considered as continuous/ regular employment.

The termination of the contract, in such circumstances without notice shall be considered as "Illegal Termination" which casts liability upon the employer to pay compensation.
The Industrial Dispute Act is intended to protect a workman whose services have been continuously engaged for a considerable period of time. In your case, your services were availed by the employer for around 4 and a half years under the veil of "Contract basis" which shall be lifted to unveil the true nature of your employment and accordingly grant compensation.
As far as matter of creche is concerned, In 2017, an amendment in the Maternity Benefit Act directs establishments that employ 50 or more employees to provide for crèche facility, either in the office or in any place within a radius that is comfortable for employees to pick, drop and nurse the child. The mother will be allowed to visit the crèche four times in a day. This will include her interval for rest. The government released a notification clarifying that companies need to provide for the crèche facility w.e.f 1st July 2017.
Thus, they were bound to provide the facility of creche in their organisation and their refusal to do so is in contravention to the law and the reply of the organisation "we can't help it" will surely land them in trouble.

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