jagdish (Service) 03 August 2008

DISCHARGE SIMPLICITOR

Dear Experts,

Could anyone let me knoe whats a Discharge Simplicitor

Jagdish V

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2 Replies

H. S. Thukral (Lawyer) 04 August 2008

Discharge simpliciter in relation to employment law is a termination simpliciter i.e. termination of services as per terms of contract. it is usually used when the employer excercises his right under the employment contract in good faith, on loosing faith. It is distinguished from dismissal as latter is termination by way of punishment. However if the discharge simpliciter is challenged in the court of law, court can lift the veil and if the discharge is victimisation, unfairlabour practice, or punishment for any misconduct, malfide and the said action has been resorted to dispense with the principles of natural justice of hearing the employee concerned before punishing him, such termination can be set aside. Where the employer satisfies the court that action has been taken in good faith then the discharge is upheld.

Suggested reading : Air India Corporation v V. Rebello 1972 AIR (SC) 1343