M/S Zydus Healthcare Limited vs Sri Tathagata Paul & Others
2026 Latest Caselaw 202 Tri

Tripura High Court

M/S Zydus Healthcare Limited vs Sri Tathagata Paul & Others on 2 February, 2026

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                          HIGH COURT OF TRIPURA
                                AGARTALA
                            WA No.05 of 2026
M/s Zydus Healthcare Limited
                                                               .........Appellant(s);
                                     Versus
Sri Tathagata Paul & others
                                                             .........Respondent(s).

For Appellant(s) : Mr. Anurag Lakhotia, Advocate, Mr. Bikram Paul, Advocate.

For Respondent(s) : Mr. Karnajit De, Addl. G.A. HON'BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO HON'BLE MR. JUSTICE BISWAJIT PALIT

Order 02/02/2026

Admit.

Issue notice to respondent No.1.

Mr. Karnajit De, Additional Government Advocate, accepts notice

for respondents No.2 & 3.

Prima facie, in view of the definition of the term "retrenchment"

under Section 2(oo) of the Industrial Disputes Act, 1947, the reference under

Section 10 of the said Act dt.31.03.2022, while noting that the services of the

first respondent had been terminated after a disciplinary inquiry conducted by

the petitioner- Management, directing the Labour Court to enquire as to

whether there is "retrenchment" of the first respondent, and whether it is illegal,

appears to be prima facie defective because the very definition of

"retrenchment" excludes termination of service of an employee as a

punishment inflicted by way of disciplinary action.

Therefore, there shall be interim stay of all further proceedings

before the Labour Court, West Tripura, Agartala in Labour Case No.05/2022

until further order(s).

List on 24.03.2026.

(BISWAJIT PALIT, J) (M.S. RAMACHANDRA RAO, CJ)

Pijush/ PIJUSH KANTI NAG Digitally signed by PIJUSH KANTI NAG Date: 2026.02.04 14:38:41 +05'30'