Can Your Employer Fire You Without Hearing You? What Indian Law Says About Termination Rights
In most cases, no. The law requires fairness, especially when a decision affects your livelihood. Here’s how it works.
In most cases, no. The law requires fairness, especially when a decision affects your livelihood. Here’s how it works.
The Court clarified that Section 104(1-A), IR Code starts with a non-obstante clause, thereby enabling it to operate even if there is any contrary or inconsistent provision contained in the same statute.
“Permitting existing adjudicatory mechanisms and statutory authorities to continue till new mechanisms are put in place cannot be said to be sidestepping the provisions of the Industrial Relations Code, 2020 or removing obstacles to get over statutory restrictions.”
Govt has notified the Industrial Relations Code Amendment 2026 revising the repeal provisions and ensuring continuity of existing labour tribunals.
The Industrial Relations Code (Removal of Difficulties) Order, 2025 ensures smooth transition by transferring pending cases under old labour laws to corresponding tribunals under the new Code while maintaining adjudication continuity.
by Jeevan Ballav Panda*, Dhriti Mehta** and Tapamoy Ghose***
The main contention of the appellants is that the lay-off notice was not issued in accordance with the provisions of the Industrial Disputes Act, 1947.
Jammu and Kashmir and Ladakh High Court stated that workmen can challenge their retrenchment order even after accepting retrenchment amount in case their employer has not followed the mandate of S. 25-F of Industrial Disputes Act, 1947
The Delhi High Court upheld the order of the Labour Court wherein it was held that since the messenger boy of a Bank was unable to establish that he moved an application for absorption in the service in pursuance of the Bipartite Settlement, therefore, he was not entitled to regularisation of service. Further, the Dehi High Court held that regularisation was not a matter of right and therefore, this Court could not direct the respondent Bank to regularize the services of the messenger boy.