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 had been working at XYZ Proprietorship for four months when his employer suddenly demanded he travel to City A within an hour. Mr.X declined this unreasonable request as his wife and six-month-old child were both ill with cold. His employer took offense to this refusal and terminated Mr.X’s employment via email with immediate effect the next day. This case demonstrates how employers often misuse their position to terminate employees without following proper procedures, especially in small proprietorship firms where labor law compliance is often neglected.

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 including the termination email and any prior workplace incidents
• Gather employment records, salary slips, and appointment letters as evidence
• File complaint with labor department within prescribed time limits
• Consider approaching industrial tribunal for wrongful dismissal claim

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), wrongful termination cases are covered under various provisions. Section 318 BNS addresses wrongful confinement in employment context. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural framework for filing complaints. Key applicable laws include Industrial Disputes Act, Shops and Establishments Act, and Contract Labor Act. Section 25F of Industrial Disputes Act requires proper notice and compensation for termination. Labor courts have jurisdiction under BNSS provisions to hear such employment disputes and provide appropriate relief to wrongfully terminated employees.

If You Are the Complainant

• File complaint with Regional Labour Commissioner within 60 days of termination
• Submit detailed representation explaining circumstances of wrongful dismissal
• Include all relevant documents supporting your case including employment contract
• Request reinstatement with back wages or appropriate compensation in lieu
• Follow up regularly with labor department officials to expedite proceedings

If You Are the Victim

• Do not sign any settlement documents hastily without legal consultation
• Preserve all evidence including WhatsApp messages, emails, and witness testimonies
• Apply for unemployment benefits and explore alternative employment opportunities
• Consider filing complaint under appropriate state labor laws for additional protection
• Maintain detailed records of financial losses suffered due to wrongful termination

How the Police Behave in Such Cases

Police generally treat employment disputes as civil matters and may be reluctant to register criminal complaints. However, if there are elements of criminal intimidation, harassment, or fraud involved in the termination process, police intervention becomes necessary. They typically advise parties to approach labor courts first. In cases involving threats or coercion during termination, police may register FIR under relevant BNS sections and conduct preliminary investigation.

FAQs People Normally Have

Q: Can employer terminate without notice period?
A: No, proper notice or payment in lieu is mandatory except for misconduct cases with proper inquiry.

Q: What compensation can I claim?
A: Back wages, notice pay, and statutory benefits like gratuity if applicable.

Q: Is proprietorship firm covered under labor laws?
A: Yes, most labor laws apply regardless of business structure if minimum employee threshold is met.

Q: How long do I have to file complaint?
A: Generally 60 days from termination date, though specific time limits vary by jurisdiction.

What Evidence Is Required?

• Original appointment letter or employment contract showing terms of service
• Termination email or letter with reasons stated by employer
• Salary slips and bank statements proving employment relationship
• WhatsApp messages or recordings of conversations with employer
• Witness statements from colleagues who observed the incident
• Medical certificates if family illness was reason for declining travel
• Any company policies regarding notice period and termination procedures

How Long Will the Investigation Take?

Labor department investigations typically take 3-6 months for initial inquiry and conciliation proceedings. If matter proceeds to industrial tribunal, resolution may take 1-2 years depending on case complexity and court backlog. Administrative remedies through labor commissioner are generally faster than judicial proceedings. Timeline can be expedited with proper documentation and legal representation throughout the process.

Advocate Sudhir Rao, Supreme Court of India