Employment Law – November 2021

This edition of the JSA Employment Monthly Newsletter discusses some of the recent interesting judicial precedents spread across several employment legislations, and broadly focuses on one of the most talked-of topics in recent times – ‘Nuances and way-forward surrounding a ‘work from home’ hybrid work culture in India’.

Case Law Ratios

Dismissal to be set aside when misconduct not proved

In the case of Allahabad Bank and Ors. vs. Krishan Pal Singh (2021 LLR 1038), the respondent was dismissed from service on account of an alleged misconduct and the employer’s suspicion of the respondent’s foul play, leading to destruction of bank records. The respondent’s misconduct, however, was not proved subsequent to the departmental disciplinary proceedings. The Allahabad High Court found that although there was a strong suspicion, yet there was no sufficient evidence to prove the respondent’s misconduct to dismiss from service. Accordingly, the Allahabad High Court held that suspicion, however, high may be, can under no circumstances be held a substitute to legal proof.

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