The Kerala High Court has ruled that publishing a dismissal in a newspaper does not constitute formal service of the dismissal order under the Industrial Disputes Act, 1947. The ruling came while hearing a writ petition by a former employee of Deshabhimani Daily, who challenged the legality of his termination after a Labour Court dismissed his case as time-barred.
The petitioner, a journalist, was terminated in October 2008. A news item announcing his dismissal was published on 30 October, 2008. However, he argued that he had not received any official communication of his termination ever. He only became aware of the same in 2015, during conciliation proceedings.
In 2015, the journalist moved the Labour Court under Section 2A (2) of the Industrial Disputes Act, alleging illegal termination. The court, however, dismissed the case citing Section 2A (3), holding that the limitation period began when the news article was published.
The High Court set aside that decision, stating that a media report cannot be treated as an official notice. It also noted that a certificate of posting offered by the employer as proof of service lacked conclusiveness and could be rebutted.
Highlighting key legal principles under the Indian Evidence Act, the Court emphasised that presumptions of fact are discretionary and subject to scrutiny, especially in employment disputes where livelihoods are at stake.
The Court found that the journalist had repeatedly and genuinely attempted to seek confirmation of his dismissal and said the employer. The court realised that the employer had failed to properly communicate the termination. The case has now been sent back to the Labour Court for fresh consideration.
