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Anonymous
10

Dear experts,

Can a General Manager of a private sector company have the right to invoke the powers of the High Court under Article 226 concerning his termination as per the terms of the contract for his stigmatic termination? In other words, can he approach the high court against his termination?

Kindly suggest.

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Raghunath_bv
General Manager-hr & Admin
KK!HR
Management Consultancy

KK!HR
1530

As per our Constitution, writ remedy is there in the High Court/Supreme Court for enforcing constitutional rights like equality, fair procedure, etc. The writ remedy lies against the state and the private sector is not covered under it, there are also other grounds that bar the writ jurisdiction. An employee bearing the title of General Manager is not covered under the term Workman as per ID Act 1947, so the remedy under the Act is also not available. There is a civil remedy available, as a challenge could lie under the Specific Relief Act 1963 for a declaration that the termination is in violation of the service contract and for consequential relief. (Declaratory decree)
From India, Mumbai
PRABHAT RANJAN MOHANTY
581

The General Manager of a private sector company have the right to challenge his termination in a Civil court but not directly in the High Court. Provided, the termination is in violations of the terms of appointment or contracts. It is better to consult a High court lawyer to understand, whether there exists any possible grounds to go for a case. The letter of termination and the appointment letters are the essential to understand the legal course of action.
From India, Mumbai
raghunath_bv
149

Hi ,
The ability of a General Manager or any employee to approach the High Court under Article 226 of the Constitution of India depends on various factors, including the terms of the employment contract, the nature of the termination, and applicable labor laws.

Article 226 of the Indian Constitution empowers the High Courts to issue writs for the enforcement of fundamental rights and for any other purpose. While it is a constitutional remedy available to individuals, including employees, it does not automatically grant the right to challenge any termination. The grounds on which a person can approach the High Court need to be based on violation of fundamental rights or on issues related to public law.

If the termination is stigmatic, i.e., it involves false accusations or damage to the individual's reputation, the affected employee may explore legal remedies. However, the specific grounds for approaching the High Court will depend on the circumstances of the case. Typically, employees in the private sector have the option to challenge their termination on grounds such as violation of principles of natural justice, breach of employment contract, or any other legal right.

It is crucial for the individual to consult with a legal professional to assess the specific facts of the case and determine the most appropriate legal recourse. Labour laws, employment contracts, and relevant statutes will play a significant role in shaping the options available to the General Manager in such a situation.

Keep in mind that legal procedures and interpretations can change, so it's advisable to consult with a legal expert for the most up-to-date and accurate advice based on the current legal landscape.
Thanks

From India, Bangalore
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