DISMISSAL AND RETRENCHMENT: LEGAL SAFEGUARDS AND REMEDIES

AUTHOR – MAITHREYAN, STUDENT AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY/SCHOOL OF EXCELLENCE IN LAW

BEST CITATION -MAITHREYAN, DISMISSAL AND RETRENCHMENT: LEGAL SAFEGUARDS AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 794-802, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The processes of dismissal and retrenchment play a crucial role in shaping employer-employee relations, particularly in maintaining a balance between managerial discretion and worker protection. This paper examines the legal framework governing dismissal and retrenchment under Indian labour law, with a focus on the Industrial Disputes Act, 1947.  It analysis statutory provisions, judicial interpretations, and constitutional safeguards that regulate termination procedures and provide remedies to affected workers. The paper also highlights the growing challenges posed by informal employment, contractualisation, and the gig economy, which often operate outside traditional legal protections. Through a critical assessment of case law and international standards, particularly those of the International Labour Organization (ILO), the study underscores the need for legal reform and better enforcement to ensure fair treatment, procedural justice, and socio-economic security for workers in a rapidly evolving labour market.