CHENNAI: Companies merely having a Smart Card Access System for entry into office doesn’t mean that the security system can be used as a means of terminating services, the Madras High Court stated.
Justice D Bharatha Chakravarthy made the observation while recently refusing to reverse the order of a labour court which ruled against terminating an employee of Cognizant Technology Solutions India Private Limited without following due procedures.
The petition was moved by the firm’s vice-president, human resources. The matter pertains to the dismissal of an employee, KN Naresh, in 2018 “without following due procedure” and providing “an opportunity to be heard” on the charges levelled against him over alleged poor performance and indiscipline.
Initially, as advised by the authorities, he went on leave on April 19, 2018, and returned to work in the last week of May. He, however, found that his access card was blocked, making him unable to enter the office. The company then informed him that he was dismissed from service and a compensation of Rs 3.42 lakh was credited into his bank account.
Naresh preferred a petition before the joint labour commissioner of the labour department – the appellate authority – which held that the dismissal was illegal due to lack of any enquiry and proper service of the dismissal order. Challenging this order, the company moved the petition.
Justice Chakravarthy, in his order, remarked that the least expected of the management was to at least summon the employee, who had put in 18 years of service, before a responsible superior officer, serve the termination order and send him away.
Further, the judge held that such abrupt turning away of an employee at the gate directly violates the dignity of labour, and breaches the right to fair working conditions and guaranteed protections.