Be‘ humane’ during these testing times, H Ct el ls employers

Observing that, in these testing times, employers need to be more humane, the Bombay High Court on Friday granted relief to three persons, who were sacked from their jobs as the examiner of trademarks. The HC has ordered the union government to consider re-appointing them.

A bench of Justices Ujjal Bhuyan and Milind Jadhav said that the union government's decision to terminate the services of these three persons was ‘opaque to say the least.’

The three individuals had highlighted the fact that, while the government sacked them, it re-appointed 66 others in the same posts.

"Due to its opaqueness, it is susceptible to arbitrar y application," the judges remarked, adding that, due to the present lockdown across the countr y, several citizens have lost their jobs.

"It goes without saying that the COVID-19 pandemic, which necessitated the lockdown, has thrown the lives of many people into disarray and has caused great distress. The central government has come up with guidelines and directives to the employers not to disengage or terminate the services of employees on account of the lockdown," Justice Bhuyan pointed out.

"In times of such a crisis, a more humane and flexible approach is expected from the employers so as not to aggravate the already distressed condition. Criteria, which would have been justified in normal times, may require relaxed application in times of such a national crisis," the judge added in his orders.

The bench, accordingly, ordered the government reinstate these persons to the post of examiners of trademarks.