Fits Aviation Private Limited vs. B. K. Prabath Chandrakeerthi et al. – CA WRIT/66/2022-2022

In the case between Fits Aviation Private Limited and B. K. Prabath Chandrakeerthi, Commissioner General of Labour, along with other labour officials, the issue considered was whether the termination of employment of the 5th Respondent by the Petitioner complied with the mandatory requirements of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 (TEWA). It was held that the question of whether Clause 13.2 of the employment contract, which permits termination upon one month’s notice or salary in lieu, constitutes valid prior consent under TEWA required a substantive factual examination. The principle reaffirmed was that consent under TEWA may be inferred from the operative circumstances and need not always be set out in a single express notice. This approach d