probationer could be terminated by an order of termination
simplicitor. If the order of termination is stigmatic, then
enquiry would be necessary. No charge memo ... then it would not amount to stigmatic
termination. Whether the order of termination is simpliciter,
punitive or stigmatic would depend on the facts and
circumstances
Trial Court:
5. The Trial Court held that the termination was
stigmatic and arbitrary since no proper enquiry ... hold a formal enquiry, and
terminated abruptly, which amounted to stigmatic
termination without due process. Because stigma can
damage the plaintiff's future career
stigmatic termination of the respondent from service. He
submitted that the Labour Court has dealt with the issue
and has held that in matters ... term of service of the respondent also
amounts to stigmatic termination. In support of this
contention, he relied upon the judgment of Apex Court
urged that the order is stigmatic
and stigmatic order without any domestic inquiry is
unsustainable in law and that stigmatic order had a severe
impact ... terms of employment, the
petitioner, in case of retrenchment without any stigmatic
termination would be entitled to around ₹1,10,000/- being
two months salary
albeit by a non stigmatic order, the
Court can lift the veil and declare that in the
garb of termination simpliciter, the employer has
punished ... India's case referred to supra that
termination prima facie is not stigmatic. The Apex
Court has lifted the corporate veil and examined
whether
albeit by a non stigmatic order, the
Court can lift the veil and declare that in the
garb of termination simpliciter, the employer has
punished ... India's case referred to supra that
termination prima facie is not stigmatic. The Apex
Court has lifted the corporate veil and examined
whether
further contends that the
reason for termination according to the management was
simpliciter termination and there was no stigmatic order,
whereas the respondent/workman ... contended
that the termination of the workman is a simpliciter
termination and does not cause any stigmatic order of
termination.
22. On the contrary
with the terms of the appointment
letter, thereby distinguishing between
contractual termination and stigmatic caution
listing with industry-wide consequences.
6.49. Placing reliance upon
best to determine whether a letter of termination of
service was termination simpliciter or stigmatic termination. After
referring to a number of authorities including ... termination order may be. Although strictly
speaking, the stigma is implicit in the termination, a simple
termination is not stigmatic. A termination order which explicitly
Trial Court having come to the
conclusion that the order of termination
of the services of the appellant is illegal,
arbitrary, without authority ... months
notice, but that would be case of non
punitive, non-stigmatic termination
