Delhi HC pulls up Wipro for defamatory termination letter, orders to pay ex-employee ₹2 lakh in damages

The Delhi High Court has held tech giant Wipro liable for defamation over its termination letter to a former employee, which was replete with “stigma and insinuations.”

Delhi HC orders Wipro to pay compensatory damages to former employee

The HC asked the company to pay Rs 2 lakh as general compensatory damages to Abhijit Mishra, who was working as principal consultant between 2018 and 2020, “to redress the reputational harm, emotional hardship, and loss of professional credibility” because of Wipro’s conduct.

Justice Purushaindra Kumar Kaurav asked Wipro to expunge remarks about the professional character of its former employee and issue a fresh termination letter to him.

The ex-employee had filed a defamation suit and sought damages of over Rs 2.10 crore.

“Further, a fresh termination letter shall be issued to the plaintiff devoid of any defamatory content, and consequently, the impugned termination letter shall cease to be of any effect insofar as the defamatory content is concerned,” the Delhi High Court said, as per LiveLaw.

The Bengaluru-based IT major has failed to place on record any credible evidence, either testimonial or documentary, to establish that the reputational harm suffered by Mishra was affirmed on any demonstrable act of misconduct, the court observed.

Wipro's accusations

Wipro had argued that Mishra, who was employed at a senior, creative, and managerial position, instead of focusing on his professional duties, was more invested in his self-styled identity as a “crusader for social change,” involved in activities unrelated to his work.

Mishra’s behaviour portrayed a lack of interest in improving his professional performance, which ultimately led to his dismissal, the company added.

HC rules out charges

The court found that the dismissal letter contained unsubstantiated negative remarks by the company against Mishra.

“The remarks therein, couched in the use of the term ‘malicious conduct’, not only lack substantiation but also have a direct and deleterious impact on the future employability and professional dignity of the plaintiff,” the judge noted.

Ruling in favour of the former employee, the High Court announced that there was a “clear mismatch” between the comments in the termination letter and consistent positive feedback in several official documents.

The court observed that the remarks were “demonstrably false and defamatory in nature” and that Wipro did not establish a valid defence.

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