" Termination of employment " can be generally categorized into three types viz., (1) termination by the employee himself (2) termination as per the terms of the contract of employment and (3) termination by the employer.
Of these, there can not be the element of illegality in the first two categories for the first is a voluntary one subject to notice by the employee and approval thereof by the employer and the latter is the resultant effect of the operation of the separation clause as agreed upon. In the third case i.e termination of the employee by the employer, illegality can be ascribed when it is in violation of the provisions of applicable labour laws like the Industrial Disputes Act,1947, Shops and Estt Act etc., in breach of the contract of employment and as a result of any disciplinary proceedings in violation of the principles of Natural Justice.