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Showing contexts for: wrongful termination in Raj Kumar vs M/O External Affairs on 3 July, 2025Matching Fragments
20. In the result the appeal is allowed but without any order as to costs."
6.10.7 We also observe that the Consul General where the applicant(s) have been working has not been notified under the provisions of the Administrative Tribunal Act, which is (C-5, item -49) O.A. No. 2190/2016 with O.A. No. 3469/2018 otherwise regrettable if we were to assume our jurisdiction in light of Section 28 of the Administrative Tribunals Act, 1985. This, however, is a consequence of the limited remedies that the legislature has conferred on employees complaining of termination. In such cases, employees are left to their common law rights or laborlaw for wrongful termination, which are enforceable in appropriate proceedings. More importantly, the applicants were appointed under a contract of employment that cannot be regarded as a civil post carrying a pay scale. The rigors of the wording used in Article 311 of the Constitution of India cannot be applied, even though it is contended that in such a case of dismissal, removal, or reduction in rank of persons, the doctrines of reasonable opportunity and natural justice have not been followed. The applicants have never been employed in a civil capacity under the Union or a State so as to sufficiently invoke the jurisdiction of this Tribunal. We may say that the applicants are not without remedy; they are not precluded from invoking the jurisdiction under the provisions of the Industrial Disputes Act, 1947.