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 was employed with XYZ Pvt Ltd and had successfully completed his training period of three months in City A. During this training, he experienced significant health issues due to the climate and working conditions. When the company assigned him a project in City A again in DD/MM/YYYY, Mr.X declined citing genuine health concerns. The HR department sent him an advisory letter initially, but subsequently issued a termination letter. Mr.X approached our firm seeking legal remedies, as he believed the termination was unjustified and violated labor laws. The company had not followed proper procedures nor considered his medical condition as a valid reason for declining the assignment.

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 all communications with the employer regarding health concerns and project rejection
• Gather medical certificates and evidence supporting your health condition
• Review your employment contract for termination clauses and company policies
• File a complaint with the Labor Commissioner if the termination violates statutory provisions

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), wrongful termination may constitute breach of contract. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural guidelines for employment disputes. Key provisions include Section 318 BNS for breach of contract by employer, Section 421 BNS for wrongful confinement in workplace contexts, Section 356 BNS for criminal breach of trust if salary/benefits are withheld, and various sections under BNSS for filing complaints and seeking remedies through appropriate forums including labor courts and industrial tribunals.

If You Are the Complainant

• File a written complaint with the Labor Commissioner within 90 days of termination
• Approach the Industrial Tribunal for reinstatement and compensation claims
• Submit all relevant documents including employment contract, medical certificates, and correspondence
• Maintain detailed records of financial losses due to wrongful termination
• Consider approaching the Employee Provident Fund Organization for PF-related issues

If You Are the Victim

• Immediately seek medical documentation for your health condition from qualified practitioners
• Request a detailed termination letter stating specific reasons from the employer
• Calculate your financial losses including salary, benefits, and future earnings
• Explore alternative employment opportunities while pursuing legal remedies
• Consider negotiating with the employer for voluntary separation with compensation

How the Police Behave in Such Cases

Police typically do not get directly involved in employment termination cases unless criminal elements are present. However, if the employer withholds salary, provident fund, or other statutory benefits, it may constitute criminal breach of trust. Police may register FIR under relevant sections of BNS if there’s evidence of cheating or wrongful confinement. Most employment disputes are handled through labor courts and industrial tribunals rather than criminal courts.

FAQs People Normally Have

Can employer terminate for refusing project assignment? Generally no, if the refusal is based on genuine health concerns and documented medical reasons.

What compensation can I claim? You may claim back wages, reinstatement, compensation for mental harassment, and benefits as per labor laws.

How long do I have to file complaint? Typically 90 days from termination date for labor disputes, though some forums may have different timelines.

Can I get my job back? Yes, industrial tribunals have power to order reinstatement if termination is found illegal.

What Evidence Is Required?

• Employment contract and appointment letter
• Medical certificates proving health condition
• Email correspondence regarding project rejection and health concerns
• Termination letter and any prior warning letters
• Salary slips and bank statements
• Witness statements from colleagues if available
• Company policy documents regarding transfers and medical leave

How Long Will the Investigation Take?

Labor court proceedings typically take 6 months to 2 years depending on case complexity and evidence. Initial conciliation proceedings may resolve within 3-6 months. Industrial tribunal cases can extend up to 3 years if appeals are involved. Timeline depends on court schedules, evidence quality, and whether both parties cooperate in proceedings.

Advocate Sudhir Rao, Supreme Court of India