The employment of Madhusmita Dutta, a lecturer at Joda Women’s College, was wrongfully terminated suddenly in September 1995. A year later, following an appeal by Dutta, despite this termination being declared illegal by the director of higher education, Odisha, she was not reinstated. This led to a long-drawn legal battle, and finally the Orissa High Court stood by Dutta, ruling that her back wages be paid to her. That is not all; the Court ordered that her service for the period of termination be regularised and she be paid all the benefits that she is eligible for as a result of the same.
Justice Sashikanta Mishra explained that whenever an employee is wrongfully terminated from service, it is the standard rule that they should be reinstated and paid back wages. Of course, the tenure of service of the concerned employee, nature of misconduct and the financial strength of the employer are also taken into account. In this case, Dutta had been serving as a lecturer of history at the College since her appointment in 1988. She was terminated after seven years of service and by no fault of hers.
In Dutta’s case, it was observed that not only was she wrongfully terminated, the state authorities as well as the governing body of the college had failed to reinstate her and follow legal orders due to which she lost out on what was rightfully due to her.
