Dear.,
Ms. Avantika: Indian laws provide immunity against such arbitrary acts of termination at will (the infamous Henry VIII clause), provided the workman has completed 240 days of service. The Industrial Disputes 1947 terms such termination of service as 'retrenchment' and the consequence is that the employee comes back with all the attendant benefits. This is as regards workman category is concerned, however the services of executive class (Gold Collared as termed by the Supreme Court) can be dispensed with as per such service condition mutually agreed.
Mr. Saibhakta: The Management can retire an employee after he completes the 55 years of age where the rules provide for review of performance of the employee and for reasons to be recorded in writing, if the services of the employee concerned are not satisfactory. The courts have upheld such action so long as cutting the deadwood is in organisational interest, however if it is tainted by arbitrariness, malice, bias or prejudice, the courts have set aside such action. As such this rule is widely prevalent in many PSUs, they should frame proper rules regarding exercising such a right. The clause in the appointment letter that an employee can be retired from service after he attains 55 years of age without any reason does not mean that any body can be terminated just like that. Such actions would be arbitrary and the court's won't hesitate a bit in striking down that action.
KK