The Patna High Court ruled that merely participating in a strike cannot automatically lead to termination of service unless the strike is illegal or the employee is guilty of misconduct. The Court held that termination without enquiry, notice or due process violates principles of natural justice and constitutional rights.
The Supreme Court of India affirmed that businesses have a fundamental right to shut down under Article 19(1)(g), adhering to labor laws. If the State does not respond within 60 days, closure is automatically approved. The ruling emphasized that employers must show valid reasons beyond financial hardship to justify shutdowns, ensuring workers’ rights are protected.
Employees may be fired from their jobs for various reasons, including unsatisfactory work performance or actions and attitudes that disrupt the workplace environment. In many countries, including India, the rules governing termination often depend on the circumstances leading to dismissal. For instance, if an employee is terminated due to misconduct, the employer is not legally obligated to provide prior notice. Misconduct may include serious violations such as dishonesty, harassment, theft, or other behaviors that breach the company’s code of conduct or ethical standards.
