Kumari Palany & Co

3 months prior notice mandatory to send home an employee

Posted on: 16/Jul/2015 10:36:31 AM
The High Court has ordered that any firm when it needs to terminate an employee from work needs to provide prior notice before 3 months. Dr A Dhandeeshwaran of Trichy was working as the assistant researcher with the irrigation management training institute in contract basis. He was ordered to quit his job on 12th June 2015. Following this, he approached the high court with a plea to cancel the order to quit the job.

In his plea, he stated that he started working as per the approval of the governing board. However, the director has now sacked me from the job without approval by the governing board. I’m organizing a socio-economic unit. If I’m removed from the job, I will not be able to continue functioning the unit anymore. Hence I request you to kindly take me back for the job.

On reading through the plea, the director has got all rights to employ or remove any candidate for a job position. If an employee is to be removed from the job, a notice should be issued prior to the removal. However, in this case, the petitioner is given with three months salary and sent home. As per rules, the employee can be sacked by providing a notice before three months of sacking.