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Can I challenge the termination order on the basis of notice only?

Shivendra Pratap Singh


High Court Lucknow

Service & Labour

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Question: Can I challenge the termination order on the basis of notice only? After providing one month’s notice, my service was terminated. The appointment letter stated that either party could terminate the service by giving one month’s notice. I had been employed at the corporation since 2001, and my overall service record was excellent. I had never received any disciplinary action and had never caused any financial harm to the corporation. However, the new managing director appears to have some animosity towards me, and my employment was terminated on a trivial issue. I am now seeking legal advice on the remedies available to me in this situation.

Asked from: Gujarat

If the appointment letter clearly states that either party can terminate the service after giving one month’s notice, then the termination of service after giving one month’s notice is in accordance with the terms of the appointment letter. Assuming the notice was properly given and accepted, the employment relationship would end at the end of the notice period. 

It is important to note that the terms of the appointment letter will govern the rights and obligations of both the employer and employee in such situations. The employer may be obligated to pay any outstanding salary, benefits, or other entitlements due to the employee.

By accepting the terms and conditions outlined in the appointment letter, you have agreed to the possibility of service termination after providing one month’s notice. Therefore, claiming that this termination is illegal is not a viable option. 

However, if there were any other procedural issues or irregularities like violation of principle of natural justice, not provided opportunity of hearing etc, then you could challenge the termination order. In the current situation, there are no apparent impediments to the termination order, and any challenge based solely on the notice period would not be sustainable in court. As a result, it would be best to avoid wasting time and money on unnecessary litigation. 

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Shivendra Pratap Singh

Advocate (Lucknow)

I offer legal advice and representation in various fields of law, such as Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue and SARFAESI related cases. I have experience in handling complex and challenging cases with diligence and professionalism.

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