Employee can’t be sacked for offences outside office, says High Court
M Sagar Kumar | TNN
Hyderabad: A US multi national company (MNC) has got a taste of Indian justice for an act of highhandedness. Stating that leading computer manufacturer Dell cannot pass judgments on incidents that occur outside the company’s premises, the A P High Court has set aside the termination notice the company served on its director (IT) and directed it to pay the salary of the employee till the disposal of the case he filed in the civil court against the termination.
The division bench comprising Justice T Meena Kumari and Justice Tamada Gopalakrishna made this order on Friday after hearing Rajendran Chingaravelu, IT director of M/s Dell International Services India Ltd, who challenged the termination notice over a trivial parking dispute with the company’s security guard that took place on the main road outside the company gate.
The facts of the case are as follows. Rajendran, who joined the company as its IT director on July 6, 2009, was placed under suspension on December 28 of the same year following a complaint by the security head of the company over an alleged parking tussle involving the petitioner.
On December 31, the petitioner was served with a show cause notice asking him to explain why his services should not be terminated for his alleged violation of the company’s code of conduct. The petitioner submitted his explanation and the company, not satisfied with it, terminated his services on January 6, 2010.
When Rajendran first challenged this order in the high court, a single judge held that the petitioner cannot invoke the provisions of Article 226 of the Constitution in this case as the company which terminated him does not fall under the definition of a state and that it is a mere company and not even an entity created by any statute, and advised the petitioner to seek appropriate legal remedy elsewhere.
Rajendran then approached the civil court concerned seeking relief. But the civil court refused to give any interim relief on the ground that it saw no violation of the principles of natural justice in the process followed by the company.
Aggrieved by this order, Rajendran again knocked the doors of the high court with a civil miscellaneous petition against the civil court order. The matter came to the bench headed by Justice Meena Kumari that found Dell’s behaviour in the case as untenable. It held that the company has no jurisdiction to take cognisance of an incident that happened outside its premises.
Terming the parking tussle as a petty offence (even if assumed that the petitioner was on the wrong side), the bench said that the company cannot impose the extreme punishment of terminating the employee.
The bench wondered whether it is the intention of the company to send a message to its employees that they too would meet the same fate if they did not abide by its diktats.
The bench made it clear that the company cannot give licence to its security personnel to attack its employees. It should take the help of police if its employees are involved in any offences outside its premises, the court said.
From India, Hyderabad
1M Sagar Kumar | TNN
Hyderabad: A US multi national company (MNC) has got a taste of Indian justice for an act of highhandedness. Stating that leading computer manufacturer Dell cannot pass judgments on incidents that occur outside the company’s premises, the A P High Court has set aside the termination notice the company served on its director (IT) and directed it to pay the salary of the employee till the disposal of the case he filed in the civil court against the termination.
The division bench comprising Justice T Meena Kumari and Justice Tamada Gopalakrishna made this order on Friday after hearing Rajendran Chingaravelu, IT director of M/s Dell International Services India Ltd, who challenged the termination notice over a trivial parking dispute with the company’s security guard that took place on the main road outside the company gate.
The facts of the case are as follows. Rajendran, who joined the company as its IT director on July 6, 2009, was placed under suspension on December 28 of the same year following a complaint by the security head of the company over an alleged parking tussle involving the petitioner.
On December 31, the petitioner was served with a show cause notice asking him to explain why his services should not be terminated for his alleged violation of the company’s code of conduct. The petitioner submitted his explanation and the company, not satisfied with it, terminated his services on January 6, 2010.
When Rajendran first challenged this order in the high court, a single judge held that the petitioner cannot invoke the provisions of Article 226 of the Constitution in this case as the company which terminated him does not fall under the definition of a state and that it is a mere company and not even an entity created by any statute, and advised the petitioner to seek appropriate legal remedy elsewhere.
Rajendran then approached the civil court concerned seeking relief. But the civil court refused to give any interim relief on the ground that it saw no violation of the principles of natural justice in the process followed by the company.
Aggrieved by this order, Rajendran again knocked the doors of the high court with a civil miscellaneous petition against the civil court order. The matter came to the bench headed by Justice Meena Kumari that found Dell’s behaviour in the case as untenable. It held that the company has no jurisdiction to take cognisance of an incident that happened outside its premises.
Terming the parking tussle as a petty offence (even if assumed that the petitioner was on the wrong side), the bench said that the company cannot impose the extreme punishment of terminating the employee.
The bench wondered whether it is the intention of the company to send a message to its employees that they too would meet the same fate if they did not abide by its diktats.
The bench made it clear that the company cannot give licence to its security personnel to attack its employees. It should take the help of police if its employees are involved in any offences outside its premises, the court said.
From India, Hyderabad
The original article appeared in Times of India - Hyderabad edition July 18th 2010 issue 2nd page.
Further more information is available at google group ForumOfPrivateEmployees where you will more details and more people abused by companies..
From India, Hyderabad
Further more information is available at google group ForumOfPrivateEmployees where you will more details and more people abused by companies..
From India, Hyderabad
Not only that the entire case is about a parking dispute outside the company premise and the
very complaint based on which the Dell HR took action is fabricated. Take a look at the
attachments. the first 3 pages are the complaint from the security guard and his fellow guards and
the 4th page is the doctor certificate. Dell HR submitted these documents to the court (though
they refused to give me these documents before termination).
Note the following:
1. Complaint is not signed by any of the guard & they do not speak English
2. The complainant says that he was attacked on his face but has reported not even a bruises or
scratch on his face. Instead he is reporting scratch in his chest.
3. The doctor certificate also states scratch in his chest. The doctor certificate doesn't specify
who the patient is, what the age and when the doctor saw the patient. This is also fabricated
after the fact.
These documents seems to have been fabricated by the security folks (perhaps on behalf of the HR),
handed over to the HR and then to the inquiry officer and then to their lawyer and then finally to
the Court!!!
Do you think that Dell should tolerate such a conduct from HR and Security?
Regards
From India, Hyderabad
very complaint based on which the Dell HR took action is fabricated. Take a look at the
attachments. the first 3 pages are the complaint from the security guard and his fellow guards and
the 4th page is the doctor certificate. Dell HR submitted these documents to the court (though
they refused to give me these documents before termination).
Note the following:
1. Complaint is not signed by any of the guard & they do not speak English
2. The complainant says that he was attacked on his face but has reported not even a bruises or
scratch on his face. Instead he is reporting scratch in his chest.
3. The doctor certificate also states scratch in his chest. The doctor certificate doesn't specify
who the patient is, what the age and when the doctor saw the patient. This is also fabricated
after the fact.
These documents seems to have been fabricated by the security folks (perhaps on behalf of the HR),
handed over to the HR and then to the inquiry officer and then to their lawyer and then finally to
the Court!!!
Do you think that Dell should tolerate such a conduct from HR and Security?
Regards
From India, Hyderabad
Kudos PvtProfessional, I support u in this war, Give the morons a taste of their own medicine!! The point stated and raised by u are concrete!!! Regards, Rahul Chhabra
From India, Delhi
From India, Delhi
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Illegal Termination Complaint under 2A of ID Act V3 - Updated.pdf
HOW TO SET UP HR DEPT.doc