Madras High Court Condemns Corporate Termination via Access Card Blocking
The Madras High Court has delivered a landmark judgment, stating that terminating an employee by simply revoking their access card and turning them away at the gate constitutes a severe violation of the basic dignity of labour. This ruling emphasizes the fundamental rights of workers in the corporate sector.
Justice D Bharatha Chakravarthy's Stern Remarks
Justice D Bharatha Chakravarthy, in his observations on Friday, asserted that the use of smart card access systems by corporate companies cannot be exploited as a tool for service termination. He highlighted that such actions breach the right to fair working conditions and protections against employment, which are guaranteed under the Universal Declaration of Human Rights. This declaration forms an integral part of the Protection of Human Rights Act, underscoring the legal and ethical obligations of employers.
Case Background: Cognizant Technologies Appeal Dismissed
The court made these critical remarks while dismissing an appeal filed by Cognizant Technologies Solutions India. The company had challenged an order from a labour appellate authority that had quashed the illegal termination of an employee who had served for 18 years. This case revolves around an appeal by K N Naresh, who contested his termination under the Tamil Nadu Shops and Establishment Act.
Naresh was appointed to Cognizant on January 4, 2000, and over the years, he diligently performed his duties, received promotions, and was commended for exceeding performance expectations. However, on April 18, 2018, he was issued a show-cause notice alleging low performance levels, which was labeled as misconduct and prompted threats of disciplinary action.
Employee's Defense and Subsequent Events
In his reply on April 23, 2018, Naresh defended himself by stating that the charges were baseless and vindictive. He explained that for the preceding two years, suitable roles had not been assigned to him, yet he performed all assigned tasks to the best of his ability. Following this, the human resources manager advised him to go on leave.
Upon returning from leave in late May 2018, Naresh discovered that his access ID to enter the office premises had been blocked. Concurrently, an amount of Rs 5 lakh was credited to his account, effectively signaling his termination without proper due process or respect for his long-standing service.
Implications for Corporate Employment Practices
This judgment serves as a stark reminder to corporations about the importance of adhering to ethical and legal standards in employment termination. It reinforces that technological tools like access cards should not be misused to circumvent labor laws and human rights. The court's stance is expected to influence future cases and corporate policies, promoting fairer treatment of employees across industries.
