Madras high court denies Cognizant’s plea, says abrupt dismissal of employee and denial at gate are violations of dignity

CHENNAI: Terminating the services of an employee and turning him away at the gate directly by revoking his access card violate the basic dignity of labour, Madras high court has said.

“Merely because corporate companies have a smart card access system, it cannot be used as a means of terminating service of an employee. It breaches the right to fair working conditions and protections against employment guaranteed under the Universal Declaration of Human Rights that forms part of the Protection of Human Rights Act," Justice D Bharatha Chakravarthy said on Friday.

The court made the observation while refusing to allow an appeal moved by Cognizant Technologies Solutions India challenging an order passed by a labour appellate authority quashing illegal termination of an employee who served the company for 18 years.

The issue pertains to an appeal moved by K N Naresh challenging his termination under the Tamil Nadu Shops and Establishment Act. Naresh was appointed with the petitioner company, with effect from Jan 4, 2000.

Thereafter, the employee was duly discharging his duties, was granted promotions, and was appreciated for his performance exceeding expectations. While so, a show-cause notice was issued to him on April 18, 2018, alleging that his performance level was low, amounting to misconduct and questioning why disciplinary action should not be initiated against him. The employee submitted his reply on April 23, 2018, explaining that the charge was baseless and vindictive, and that for the past two years, roles suitable for the employee were not assigned.

He stated that he performed the assigned work to the best of his ability. Under these circumstances, the human resources manager called upon the employee, and, on his advice, he went on leave. When he returned from leave in the last week of May 2018, he found that his access ID to enter the office premises was blocked, and Rs 5 lakh was credited to his account.