Dear Saji,
Hypothetical questions has no relevance in legal parlance. If you have any such problem in reality where the employee states before the court that he/she is unemployed and does not have any source of income for his daily needs, it is for the court to decide, not Mr. Dhingra. Moreover, it is such a case, where fault lies on the part of the management, not the employee, if recovery not made before full & final. The judgment is supposed to tilt on the side of the employee, as after termination of employee, the company cannot rightfully claim its dues. It was for the company to recover the dues first before deciding upon termination.
Hypothetical questions has no relevance in legal parlance. If you have any such problem in reality where the employee states before the court that he/she is unemployed and does not have any source of income for his daily needs, it is for the court to decide, not Mr. Dhingra. Moreover, it is such a case, where fault lies on the part of the management, not the employee, if recovery not made before full & final. The judgment is supposed to tilt on the side of the employee, as after termination of employee, the company cannot rightfully claim its dues. It was for the company to recover the dues first before deciding upon termination.