One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X worked for XYZ Pvt Ltd and received a termination letter after declining a project assignment in City A. He had previously spent three months in City A during training and experienced health issues during that period. When the company assigned him another project in the same location in December 2024, Mr. X declined citing legitimate health concerns. The HR department sent him an advisory notice, and shortly thereafter, he received a termination letter. Mr. X believed this was retaliatory action for exercising his right to decline an assignment that could adversely affect his health. The company failed to follow proper termination procedures and did not consider reasonable accommodations for his health concerns. This case involved issues of wrongful termination, violation of employee rights, and potential constructive dismissal. The employer’s actions appeared to be in direct violation of labor laws that protect employees from retaliation for asserting legitimate health-related concerns.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document everything immediately, including the original health issues, medical records from City A, email communications, and the termination notice. Gather witness statements from colleagues who can testify about your health conditions during the previous assignment. Check your employment contract for clauses regarding project assignments and termination procedures. File a complaint with the appropriate labor authorities within the prescribed time limits, as delay can weaken your case significantly.

Applicable Sections of Law

This case involves multiple legal provisions under Indian labor laws. Section 79 of BNS may apply if there’s evidence of criminal intimidation or coercion by the employer. Section 351 of BNS could be relevant if there’s assault or threats to compel assignment acceptance. Under BNSS, Section 173 governs investigation procedures if criminal elements are involved. The Industrial Disputes Act, 1947, provides protection against unfair labor practices and wrongful termination. The Employees’ Compensation Act may also apply if health issues arose from workplace conditions. Additionally, the Contract Labour Act and various state-specific labor laws offer protections against retaliatory termination for asserting legitimate health concerns.

If You Are the Complainant

File a complaint with the Labor Commissioner within 30 days of termination, providing all documented evidence of health issues and communications. Submit a grievance to the company’s internal grievance committee if available, maintaining records of all proceedings. Approach the appropriate Industrial Tribunal or Labor Court with a petition for reinstatement and compensation for wrongful termination. Ensure you have medical documentation supporting your health concerns during the previous assignment in City A. Keep detailed records of all financial losses incurred due to wrongful termination, including salary, benefits, and job search expenses for claiming compensation.

If You Are the Victim

Immediately seek medical attention and obtain documentation of any ongoing health issues related to your previous assignment. Contact your company’s HR department formally to request reconsideration of the termination decision, citing health grounds. File for unemployment benefits if eligible while pursuing legal remedies. Document all interactions with the employer post-termination, including any offers for reinstatement or settlement discussions. Explore alternative dispute resolution mechanisms like mediation before proceeding to formal litigation. Maintain a detailed diary of events, conversations, and impacts on your health and financial situation for court proceedings.

How the Police Behave in Such Cases

Police typically treat employment disputes as civil matters unless there’s clear evidence of criminal activity like threats or intimidation. They may be reluctant to register FIRs for workplace conflicts and often suggest approaching labor authorities first. However, if there’s evidence of criminal intimidation, harassment, or threats made by the employer, police are obligated to investigate under relevant BNS provisions. The response varies significantly based on the specific circumstances and evidence presented.

FAQs People Normally Have

Can I be terminated for refusing assignment on health grounds? No, termination solely for asserting legitimate health concerns is illegal under labor laws. What compensation can I claim? You may claim back wages, reinstatement, compensation for mental harassment, and legal costs. How long do I have to file a complaint? Generally 30-90 days depending on the forum, so act quickly. Can the company force me to accept any assignment? No, employers must consider reasonable accommodations for health issues and cannot force assignments that endanger employee health.

What Evidence Is Required?

Medical records documenting health issues experienced during the previous assignment in City A are crucial. Email communications between you and HR regarding the project rejection and subsequent advisory notice. Employment contract and company policies regarding project assignments and termination procedures. Witness statements from colleagues familiar with your health conditions during training. Documentation of any reasonable accommodation requests made to the employer. Financial records showing losses incurred due to wrongful termination. Performance reviews and records showing satisfactory work history prior to the incident.

How Long Will the Investigation Take?

Labor authorities typically complete initial investigations within 2-3 months, though complex cases may take longer. Industrial Tribunals generally resolve disputes within 6-12 months, depending on case complexity and evidence volume. If criminal elements are involved, police investigation timelines vary significantly. Court proceedings for reinstatement and compensation can extend from 6 months to several years depending on the specific tribunal and case circumstances.

Advocate Sudhir Rao, Supreme Court of India