New Delhi, Jan. 27 (PTI): The Supreme Court has frowned on illegal retrenchment in the name of liberalisation and globalisation as a violation of fundamental rights, and deplored the tendency of courts to approve such practices.
“The attractive mantras of globalisation and liberalisation are fast becoming the raison d’etre of the judicial process and an impression has been created that the constitutional courts are no longer sympathetic towards the plight of industrial and unorganised sectors,” Justices G.S. Singhvi and Asok Kumar Ganguly said.
In a veiled criticism of such layoffs being cleared by courts, the apex court said there had been a “visible shift” in their approach in dealing with cases involving “interpretation of social welfare legislation”.
“In (a) large number of cases like the present one, relief has been denied to employees illegally retrenched by creating by-lanes and side-lanes in the jurisprudence developed by this court in three decades,” the bench said, ordering the reinstatement of a Punjab State Warehousing Corporation employee.
A labour court had ordered Harjinder Singh’s reinstatement on the ground that his termination was illegal but Punjab and Haryana High Court had quashed the ruling saying his appointment was illegal. Singh then moved the apex court.