2026 Supreme(Jhk) 281
IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Sant Lat Paswan S/o Late Mewa Lal Paswan – Appellant
Versus
M/s. Indian Explosive Limited – Respondent
W.P. (S) No. 6517 of 2023
Decided On : 18-03-2026
Advocates Appeared:
For the Appellants : Nipun Bakshi, Shubham Sinha
For the Respondents: Darshana Poddar, Piyush Poddar
Termination of employment without adherence to procedural fairness violates natural justice, rendering it void.
Headnote:(A) Industrial Disputes Act, 1947 - Sections pertaining to termination of employment and unfair dismissal - The court addresses whether the process of termination of appellant was void ab initio due to lack of compliance with due process regulations. (Paras 3-5)
(B) Compliance with procedural fairness - The court emphasizes that adherence to the principles of natural justice is obligatory before terminating an employee's service. (Para 7)
(C) Burden of proof - It was highlighted that the onus lies on the employer to establish the validity of termination when contested by an employee. (Paras 8-10)
Facts of the case:
The appellant challenged the termination of employment by the respondent company, arguing procedural irregularities and failure to provide a fair hearing prior to termination.
Findings of Court:
The termination was deemed void due to non-compliance with statutory requirements, and the employer failed to substantiate its claims against the appellant.
Issues: The primary issues revolved around whether due process was observed in the termination and the legality of the employer's actions.
Ratio Decidendi: The court held that strict compliance with procedural fairness and natural justice is mandated; failure to do so rendered the termination void.
Result: The termination was set aside, reinstating the appellant with full benefits.
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