CHENNAI: The Madras High Court dismissed a writ petition filed by Cognizant Technology Solutions India Pvt Ltd, challenging an order of the appellate authority, which had held the termination of an employee as illegal and directed his reinstatement with benefits.
Delivering the judgment, Justice D Bharatha Chakravarthy upheld the order dated October 3, 2024, passed by the Joint Commissioner of Labour under the Tamil Nadu Shops and Establishments Act. The court said it found no grounds to interfere with the appellate authority's conclusion that the employee's non-employment was "without reasonable cause."
The case arose from a dispute involving KN Naresh, an employee who had served the company for nearly 18 years, who alleged that after responding to a show-cause notice regarding alleged poor performance, he was advised to go on leave.
Upon return, his access to the workplace was blocked and no formal termination order was communicated to him.
The company, however, contended that the employee had abandoned his job and was terminated for unauthorised absence after repeated notices. It also claimed that a termination order had been issued on June 6, 2018.
Rejecting the company's arguments, the court noted that no proper domestic enquiry had been conducted and the termination order was not duly served as required under law.
The management also failed to produce evidence of effective communication, including proof of email delivery.
Significantly, the court criticised the practice of denying entry through electronic access systems as a means of termination, observing that such actions violated the dignity of labour and fair working conditions.
Holding the management's actions unjustified, the court confirmed the employee's entitlement to reinstatement and dismissed the writ petition.