An employee was terminated by TTC News Channel in 2018 on the grounds of the financial crisis of the channel.
The Karnataka Court found that the notice issued by the organization clearly stated that the Channel was facing a crisis due to repeated losses, and therefore, the Board of Directors had decided to close down operations till further notice.
The Court said that the employee was trying to unnecessarily pressurize the employer and also wrongfully set a criminal law in motion.
The Channel did not have the funds to operate and had informed the employees that it was suspending operations. The organization did not provide notice to the employee. However, Mutturaj G.S, the employee has hired back after the post channel became financially stable.
The employee had filed a petition stating that the channel had terminated him without clearing the dues.
The section that was covered pertains to criminal breach of trust and cheating. An FIR was filed under Sections 20, 406, 506, and 149 of the Indian Penal Code.
“Both these offenses under Sections 406 and 420 of the IPC which deal with criminal breach of trust and cheating which have their ingredients in Sections 405 and 415 of the IPC respectively, cannot be seen to be remotely made out in the case at hand,” said the court.
“The case at hand is the one where the termination of the complainant happens pursuant to the losses incurred by the petitioner or the TTC news channel. Therefore, the criminal proceedings to be initiated as an alternate method to arm-twist the petitioner instead of knocking on the doors of an appropriate Court for appropriate relief, cannot be permitted to continue, as it would result in abuse of the process of law and miscarriage of justice.”, the Court observed.
The Karnataka High Court has observed and also said that an employee whose employment has been terminated cannot file a case against the employer/organization accusing the firm of criminal breach of trust and cheating.