On the spot termination

Dear Client,
From the contents of your query, it seems that the action of your employer is most arbitrary and prejudicial in nature. Regardless of the class of employee, either contractual or permanent, any termination from employment requires prior notice from the employer. Even in fixed-term contractual employment, a termination before the expiry of the tenure of the contract requires prior notice showing the ground of termination. Any form of termination other than disciplinary action for a proven misconduct amounts to illegal termination/retrenchment and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the I D Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that situation, an aggrieved employee can approach the Industrial Tribunal/Labor Court concerned directly for adjudication, seeking reinstatement with back wages and other service-linked benefits. Thus, the action of management appears to be highly arbitrary and illegal, amounting to victimization and unfair labor practices. So, in the given scenario, serving a legal notice to the Company, you can raise your grievance over the alleged illegal and wrongful termination from the employment on the vague ground of poor performance before the Labour Commissioner or the Chief Inspector, Shops and Establishments to resolve your grievance failing which you can raise an industrial dispute before the Industrial Tribunal/Labor Court directly for adjudication, provided you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act. You can also apply under Section 33C(2) of the Industrial Disputes Act, 1947, before the Labour Court, claiming your settlement dues if withheld by the Company post termination. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. If you are an employee of the IT Company then be informed that to restrict IT Companies from exploiting their employees by playing double standards, the Division Bench of the Karnataka High Court in the case of Commissioner of Income Tax v. Texas Instruments India Pvt Ltd (2021) 435 ITR unambiguously held that the IT sector employees considered to be "workmen" under Section 2(s) of the Industrial Dispute Act, 1947. If required, consult with an Advocate specialising in labour laws and industrial disputes to navigate the issue in the right way.