If your employer fired you without a fair reason or a fair process, you are not stuck. Under the Industrial Relations Code, 2020, you can treat that dismissal as an industrial dispute, take it to conciliation, and then to the Industrial Tribunal, which can order your reinstatement with back wages. This guide shows the exact path.
Quick answer: A wrongful dismissal of one worker is treated as an industrial dispute under the Industrial Relations Code, 2020. You first apply to a conciliation officer. If that fails, the Industrial Tribunal hears your case and can set aside the dismissal and order reinstatement, back wages, or a lesser punishment. You must move within two years.
Wrongful termination means your employer ended your job without a valid reason, without fair procedure, or both. This covers a dismissal for misconduct that skipped a fair enquiry, a punishment that does not fit the alleged fault, or a removal done in bad faith.
Even a single worker can fight back. Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual worker, that dispute is deemed to be an industrial dispute, even if no other worker and no Trade Union is involved. This rule sits in Section 4 sub-section 9 of the Industrial Relations Code, 2020.
The Industrial Relations Code, 2020 (Act 35 of 2020) consolidates three older laws into one: the Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947. Section 104 names these three Acts as the ones it repeals.
The four labour codes, including this one, came into force on 21 November 2025. Some Central and State rules are still being finalised, so a few procedural forms remain transitional, but the core rights and the Tribunal pathway below are in force now.
One thing to know about the name. People still say “Labour Court” out of habit, but under the new Code the forum that hears a dismissal dispute is the Industrial Tribunal set up under Section 44. The old split between Labour Courts and Tribunals is gone, so “going to the labour court” now means the Industrial Tribunal.
The remedy is for a “worker.” Section 2 defines this broadly to include most employees, but it does not cover:
If you fall outside the worker definition, this Tribunal route is not open to you, and you would pursue a civil suit instead. Check this first, because it decides everything that follows.
This is the heart of the remedy. Under Section 50 of the Code, if the Tribunal is satisfied that the dismissal was not justified, it may by its award:
Section 50 also lets the Tribunal grant interim relief to the worker while the dispute is pending, so you are not left without income for years while the case runs.
If you were sacked for alleged misconduct, the employer cannot simply declare you guilty. Under the First Schedule of the Code, an establishment's standing orders must cover the procedure for suspension or dismissal for misconduct and the means of redress for workers against unfair treatment.
The Code also labels an unfair dismissal as a wrong. The Second Schedule lists unfair labour practices, and these include dismissing a worker by way of victimisation, in bad faith, on false or trumped-up allegations, or “in utter disregard of the principles of natural justice in the conduct of domestic enquiry.” In plain terms, you are entitled to:
If the employer skipped these steps, the dismissal is open to challenge as an unfair labour practice, and the Tribunal can set it aside.
This differs from retrenchment, a lawful removal for reasons like surplus staff that needs proper notice and compensation rather than an enquiry. If your case is really about retrenchment dues, read our guide on retrenchment compensation under the IR Code.
Imagine Suresh Patel, a machine operator in Surat district, dismissed on 5 January 2026 for “absenteeism” with no charge-sheet and no enquiry. He kept his appointment letter, salary slips, and the termination letter, filed with the conciliation officer on 20 January 2026, and when conciliation failed, applied to the Industrial Tribunal after forty-five days, well inside the two-year window. Arguing the dismissal ignored natural justice, he could, under Section 50, win an order setting it aside with reinstatement and relief. Clean records and a timely filing turned an arbitrary firing into a winnable dispute.
If you worked for a government department, a public sector unit, or any public authority, the Right to Information Act, 2005 can pull out the records behind your dismissal. Under Section 6(1) you can ask for the enquiry file, the approval notings, and the rules applied, and the authority must reply within 30 days under Section 7(1). If you get silence or a refusal, file a first appeal under Section 19(1) within 30 days. These records often expose a missing enquiry or a defective process, which strengthens your case before the Tribunal.
For the full citizen playbook on using information rights, see The RTI Playbook.
Yes. Section 4 sub-section 9 of the Industrial Relations Code, 2020 deems the dismissal of an individual worker to be an industrial dispute, even when no other worker and no Trade Union joins. You do not need a union to act.
People still say “labour court” by habit, but under the Code the forum is the Industrial Tribunal constituted under Section 44. The earlier Labour Court and Tribunal distinction has been merged into one two-member Tribunal.
Under Section 4 sub-section 11, a worker must apply to the Tribunal before two years from the date of the discharge, dismissal, retrenchment, or termination. Acting early is far safer than waiting.
Yes, that is possible. Under Section 50, if the Tribunal finds the dismissal was not justified, it can set the order aside and direct reinstatement, grant other relief that can include back wages, or award a lesser punishment.
The employer must give you a charge-sheet, a hearing, and a fair domestic enquiry. A dismissal that ignores the principles of natural justice in the enquiry is a listed unfair labour practice under the Second Schedule and can be set aside.
Generally no. Section 2 excludes people employed mainly in a managerial or administrative role, and supervisors drawing wages above eighteen thousand rupees a month or a notified higher figure. They use civil or contractual remedies instead.