Violation of company act 2013

Dear Client,

Yes, you can challenge the company in court for retaliatory termination after raising a concern under the whistleblower mechanism, especially if your actions are protected under the Companies Act, 2013 and relevant employment laws.

The Companies Act, 2013 mandates companies to have a vigil mechanism for directors and employees, it also indirectly implies protection against victimization.

At this juncture you can engage an lawyer to send a legal notice challenging the termination as illegal and retaliatory.
Thereafter if nothing changes then approach Appropriate Forum labour Court/Industrial Tribunal or NCLT for whistleblower retaliation under Companies Act or High Court via writ petition for immediate relief, especially if procedural violations are evident.

Dear Client,
Under Section 11(1) of the Whistle Blower Protection Act, 2014, the Central Government shall ensure that no person or a public servant who has disclosed under this Act is victimised by initiation of any proceedings or otherwise merely on the ground that such person or a public servant had made a disclosure or rendered assistance in inquiry under this Act. To claim protection, whistleblowers must prove that they made a qualifying disclosure following the correct disclosure procedure and were dismissed or suffered a detriment as a result of making the disclosure. Section 177 (9) and (10) of the Companies Act, 2013 provides for the establishment of a vigil mechanism in every listed company for its directors and employees to report genuine concerns in such manner as may be prescribed. The Vigil Mechanism should provide for adequate safeguards against the victimisation of directors, employees who use such a mechanism to report any protected disclosure, and make provision for direct access to the Chairperson of the Audit Committee in appropriate or exceptional cases. An employee who knowingly makes false allegations under this Policy shall be subject to disciplinary action and will not be protected under the Whistleblower Policy. The Whistle Blower Policy is an integral part of the Vigil Mechanism, which provides for adequate safeguards against victimization of individuals who utilize such a mechanism to report any concerns. Anti-retaliation laws are designed to protect employees from unfair treatment or wrongful termination when they exercise their rights. If terminated after reporting a complaint under a whistleblower policy, legal remedies depend on whether the termination was retaliatory and whether the company's policy provides protection. You can challenge the termination based on unfair dismissal or violation of the employment contract if the reporting was done in good faith and following company policy before the Competent authority as defined under Section 3(b) of the Whistle Blower Protection Act, 2014, and also before the labour court or tribunals concerned. Since the matter involves complex questions of law and facts, it is recommended to seek advice from an expert professional to navigate the issues in the right way.