Karnataka HC refuses to give Bengaluru techie his job back; Here's why
- Although the High Court of Karnataka granted ₹10 lakh compensation for a sacked techie, it did not allow him to get his job back as there is a loss of mutual trust between the employer and employee.
It is not prudent to allow a workman to get his job back when there is loss of mutual trust between the employer and employee, the Karnataka High Court has said. The court therefore ordered a digital services company to pay compensation of ₹10 lakh to the techie who was terminated but did not allow his reinstatement to the job.
The HC applied the Supreme Court’s verdict in a KSRTC employee’s case (The Divisional Controller, KSRTC Vs MG Vittal Rao) to conclude that the software engineer and the company had lost mutual trust. This was proved, the court said, because the employee admitted to sending an E-mail to the management threatening them that he had eight bombs, one gun and two swords and that his father was an advocate and his uncle an MLA through whom he could harm other employees.
The single judge bench of Justice K S Mudagal heard the petition by the US-headquartered company that has operations in Bengaluru. Ashis Kumar Nath was appointed as a senior quality engineer in 2015 with a pay package of ₹24,75,000 per year.
He was asked to undergo a performance improvement program which he declined believing it a strategy to terminate him. The same year, he was terminated from his job after just 10 months of service, for declining to undergo the training. Ashis Kumar Nath approached the Labour Court which ordered the company in 2018 to reinstate him in the job, pay him back wages, and continue his service and consequential benefits.
The company challenged this in the High Court which, in its recent judgment, ruled that the Labour Court was wrong in allowing Ashis Kumar Nath to be reinstated in the job in the light of the Supreme Court decision in the KSRTC employee case. However, since Nath was terminated from the job without holding an enquiry he was eligible for compensation, it said.
Instead of remitting the case back to the Labour Court for a decision once again which would consume more time, the HC decided to dispose of the matter itself. The High Court fixed the quantum of compensation at ₹ten lakh which the company is liable to pay within 30 days.
The accused, Ashu, a resident of Panipat’s Nara village, killed the victims, reportedly his friends, between 8pm and 4am and travelled around 60km from the first crime scene in Matlauda of Panipat to Titawi in Uttar Pradesh’s Shamli. The victims are Sonu, 26, who was working with a private contractor in a cement factory, and his two friends -- Monu, 25, of Nara village and Rakesh, 27, of Bhalsi village.
The Delhi government introduced the Happiness curriculum in 2018, Entrepreneurship mindset curriculum in 2019 and the Deshbhakti curriculum last year with the aim of inculcating problem-solving approaches among students and making them more self-aware, self-confident and socially responsible.
While the LG appreciated the work done at Indraprastha and Pul Prahladpur, he was displeased at the drainage system at Minto Bridge, flagging “technical flaws” in the drainage system and warned that engineers concerned “will be held responsible and strict action will be taken in the event of waterlogging at the site.”
BJP leader Sudhir Mungantiwar said the MLAs were informed about the election process for upcoming election for Speaker’s post. “They were told that the election will be held through a voice vote or they may have to stand up to vote for their candidate if asked,” said Mungantiwar.
The weather department classifies rainfall between ‘trace’ and 2.4 mm as ‘very light rainfall’, as ‘light rainfall’ when it is between 2.5 mm and 15.5 mm, as ‘moderate’ rainfall when it is between 15.6 mm and 64.4 mm and as ‘heavy’ when it is over 64.5 mm in a single day.