Lakjaya Micro Finance Limited vs Commissioner General of Labour Department of Labour – CA WRIT NO. 478/2011-2013

In the case between Lakjaya Micro Finance Limited and the Commissioner General of Labour Department of Labour along with several former employees, the court addressed whether the relocation of the company’s Head Office and the employees’ failure to report for duty constituted constructive termination under the Termination of Employment (Special Provisions) Act. The judgment determined that, although the Commissioner had ordered reinstatement of the employees with back wages on the basis that their termination was not compliant with statutory requirements, the employees’ non-compliance in failing to return to work rendered the application to quash the order futile. It was thereby held that the application should be dismissed without costs. The decision reaffirmed that remedies under the Act