Calcutta High Court Upholds Employee Rights in Job Search Case
The Calcutta High Court ruled that seeking a job with better perks is a basic right and not moral turpitude, endorsing payment of gratuity dues to an employee unjustly penalized by a company claiming misconduct. The court found the company's proceedings lacked evidence and violated natural justice principles.
- Country:
- India
In a landmark verdict, the Calcutta High Court reinforced an employee's right to explore better job opportunities, ruling it does not constitute moral turpitude. The court directed a manufacturing company to pay gratuity dues, emphasizing natural justice principles.
Justice Shampa Dutt (Paul) ordered the company, purporting itself as India's sole manufacturer of certain insulator films, to remit Rs 1.37 lakh in gratuity plus interest to former technician Sudip Samanta. The court criticized the company's disciplinary findings as lacking evidence and transparency.
The court dismissed accusations against Samanta regarding contact with rival firms, citing insufficient evidence. Justice Dutt highlighted the importance of due process and transparent investigation procedures in upholding workplace rights, dismissing the company's forfeiture of Samanta's gratuity.
(With inputs from agencies.)
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