Daily wager service is terminated on misbehavior with the senior officer. When I was deputed in the night duty one of the officers came and enquired about the HDR. I handed over the report of HDR which was not signed by the Rt technician. On this ground he abused me and insulted me in front of other staff. On the very next day he served me a copy of the termination order. The reason for termination is unsatisfactory service and misbehave with the senior doctor. Without any enquiry and recording of statements of staff presented on that day the termination order is passed. I am a daily wage employee (doctor). Please suggest how to reinstate in service?
Asked from: Uttar Pradesh
The termination of a daily wage worker's service on the grounds of misbehavior does not carry a stigma. Similarly, if a daily wage worker is terminated due to unsatisfactory service, such termination is also not considered stigmatic.
In the case of Dipti Prakash Banerjee v. Satyendra Nath Bose [1999 (81) FLR 687 (SC)], the Hon'ble Supreme Court held that the use of terms such as “unsatisfactory work and conduct” in a termination order does not amount to a stigma.
The key distinction between termination simpliciter (a straightforward termination) and punitive termination is very thin and lies in their nature and implications. Termination simpliciter refers to ending employment without attributing fault or misconduct to the employee. In contrast, punitive termination arises from allegations of misconduct and involves a disciplinary proceeding.
The differentiation is subtle and must be determined based on the facts and circumstances of each case. Without reviewing the specifics of the termination order and the attending circumstances, it is not possible for me to definitively conclude whether the order is punitive or simpliciter.
- Termination Simpliciter: When termination is simpliciter, no detailed inquiry or formal procedure is necessary.
- Punitive Termination: In cases of punitive termination, the employer is required to conduct a proper inquiry and establish the guilt of the employee before issuing the termination order.
If the language in the termination order appears vague or non-punitive on the surface but is, in reality, punitive, the affected employee should approach the court. By filing a petition, the employee can pray for the quashing of the termination order and seek reinstatement. The court will evaluate the attending circumstances and the background of the case to decide whether the employee is suitable to continue in service.
Daily wage employment is fundamentally contingent on the requirements of the employing authority. A daily wage worker does not have any inherent legal right to hold a post or demand continued employment. Their engagement is typically temporary and subject to the needs of the employer. When daily wager service is terminated on misbehavior the court does not interfere in that order.
If you can provide a copy of the termination order and details of the case's background, it would be possible to assess whether the termination was punitive or simpliciter. If the case involves wrongful termination, you may be advised to invoke Article 226 of the Constitution of India for quashing of the termination order.
Related:
- Employee is terminated in violation of law
- Employee is terminated without recording oral statement of witness
