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
Acknowledge(0)
Amend(0)
18Can 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
Acknowledge(0)Amend(0)
As per our Constitution, the writ remedy is available in the High Court/Supreme Court for enforcing constitutional rights such as equality and fair procedures. The writ remedy is applicable against the state, and the private sector is not covered under it. There are also other grounds that limit the writ jurisdiction.
An employee holding the title of General Manager is not considered a Workman under the ID Act 1947, so the remedy under the Act is not available in such cases. However, there is a civil remedy available. A challenge can be made under the Specific Relief Act 1963 to seek a declaration that the termination violates the service contract and to obtain consequential relief in the form of a declaratory decree.
From India, Mumbai
Acknowledge(0)Amend(0)
An employee holding the title of General Manager is not considered a Workman under the ID Act 1947, so the remedy under the Act is not available in such cases. However, there is a civil remedy available. A challenge can be made under the Specific Relief Act 1963 to seek a declaration that the termination violates the service contract and to obtain consequential relief in the form of a declaratory decree.
From India, Mumbai
Acknowledge(0)Amend(0)
The General Manager of a private sector company has the right to challenge his termination in a civil court but not directly in the High Court, provided the termination is in violation of the terms of appointment or contracts. It is better to consult a high court lawyer to understand whether there are any possible grounds to pursue a case. The letter of termination and the appointment letters are essential to understand the legal course of action.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
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. Labor 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
Acknowledge(0)Amend(0)
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. Labor 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
Acknowledge(0)Amend(0)Gathering data for an AI comment.... Sending emails to relevant members...
Stuck with an HR fire? Get a verified answer before your next coffee. - Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Gujarat High Court on part-time employee 23.11.2007.pdf