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The short answer
For wrongful termination in Odisha, a worker can raise a dispute before the conciliation officer at the labour office and, if no settlement follows, apply to the Industrial Tribunal under the Industrial Relations Code, 2020, in force since 21 November 2025. Unpaid wages and gratuity have their own claims before labour authorities. Managers usually sue on their contract, and State government employees go to the Orissa High Court.
Wrongful termination in Odisha means being dismissed, discharged or retrenched without following the law, your appointment terms or the employer's own rules, and it is often tied up with unpaid salary, notice pay and gratuity. Which remedy you have depends mainly on two things: which law now applies, after the labour codes came into force, and whether you are a "worker" or a managerial employee, or a government servant.
The new labour codes are in force: what changed
The Central Government brought all four labour codes into force on 21 November 2025: the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020. They replace older laws such as the Industrial Disputes Act, 1947, the Payment of Wages Act, 1936 and the Payment of Gratuity Act, 1972. Rules under the codes were still being notified in 2026, so check the current Central and State rules.
Labour is a concurrent subject, so each State also frames rules for matters within its sphere. Odisha's Labour and ESI Department published the draft Odisha Industrial Relations Rules, 2026 in the Odisha Gazette in February 2026. Check with the labour office whether the final Odisha rules have been notified for your type of establishment. A dispute that arose before 21 November 2025 may still be dealt with under the old Acts through the codes' saving provisions.
Are you a "worker"?
The Industrial Relations Code protects a worker: broadly, anyone employed to do manual, unskilled, skilled, technical, operational, clerical or supervisory work, including sales promotion employees and working journalists. It excludes people employed mainly in a managerial or administrative capacity, and supervisors earning more than ₹18,000 a month.
- Workers can raise an industrial dispute, which can lead to reinstatement with back wages or compensation.
- Managers and senior staff are governed mainly by their contract. A court will not ordinarily force a private employer to take them back (a contract of personal service is not specifically enforced), but a civil suit can claim notice pay, unpaid dues and damages.
- Government employees are protected by Article 311 of the Constitution and service rules (see below).
When a termination is unlawful
- Retrenchment without the legal conditions. For workers with at least a year's continuous service, Section 70 of the Industrial Relations Code requires one month's written notice (or wages in lieu) and retrenchment compensation of 15 days' average pay for every completed year of service. The employer must also deposit 15 days' wages per retrenched worker in the worker re-skilling fund under Section 83. Larger establishments (300 or more workers) need prior government permission.
- Dismissal for misconduct without a fair inquiry. The worker should be told the charges in writing and given a real chance to answer, normally through a domestic inquiry under the standing orders.
- Termination contrary to the appointment letter, such as no notice or notice pay.
- Victimisation, for example for trade union activity, or for making a complaint of sexual harassment (see POSH complaints in Odisha). Dismissing a woman because of pregnancy or during maternity leave is prohibited.
Step 1: collect your papers
- Appointment letter, contract, and any promotion or transfer orders.
- The termination letter, show-cause notice, charge sheet and inquiry papers, if any.
- Salary slips, bank statements showing salary credits, attendance records and the PF/UAN number.
- Emails or messages about the termination, and the standing orders or HR policy.
Ask for the termination reason in writing if you have not been given one. Reply to a show-cause notice in writing and keep a copy.
Step 2: written grievance
Send a written representation to the employer. An establishment with 20 or more workers must have a Grievance Redressal Committee under the Industrial Relations Code. Under the draft Odisha rules, a worker would apply to it within one year and could move to the conciliation officer if it does not resolve the grievance within 30 days. A legal notice can also be sent; see legal notices in Odisha.
Step 3: labour office in Odisha, conciliation and the Tribunal
The Labour Directorate, Odisha has District Labour Officers, Assistant Labour Officers and Divisional and Joint Labour Commissioners who act as conciliation officers. A worker who is dismissed, discharged, retrenched or otherwise terminated can raise the dispute personally, without a trade union:
- File an application with the conciliation officer for your area, with the papers above. Raise it promptly; the Code generally bars disputes raised more than two years after the termination.
- The officer calls both sides and tries for a settlement. A settlement reached in conciliation binds both parties.
- If there is no settlement, the worker can apply directly to the Industrial Tribunal once 45 days have passed from the conciliation application. The Tribunal can order reinstatement, back wages or compensation.
Salary not paid: complaint to the labour office
Under the Code on Wages, an employee who is removed, dismissed, retrenched or who resigns must be paid full wages within two working days. If salary or final dues are withheld, the employee (or their trade union, or an inspector) can file a claim before the authority under Section 45 of the Code within three years of the claim arising; later claims can be admitted for sufficient cause. In Odisha, ask the District Labour Officer which authority is notified for your establishment.
Minimum wage rates, payment deadlines and the step-by-step salary claim are covered in minimum wages and unpaid salary in Odisha.
Gratuity not paid
- Gratuity is payable on leaving after five years' continuous service; the five-year condition does not apply on death or disablement.
- Fixed-term employees are entitled to gratuity on a pro rata basis, after one year.
- The amount is 15 days' wages for each completed year, up to the ceiling notified by the Central Government; check the current ceiling.
- If the employer refuses, apply to the controlling authority. In Odisha the Labour Commissioner and Divisional Labour Commissioners act as controlling authorities.
Provident fund withdrawals and transfers are handled by the EPFO regional offices (including Bhubaneswar), through the member portal.
Eligibility, the formula and the controlling authority are explained in gratuity claims in Odisha.
Government employees and service matters
The Odisha Administrative Tribunal was abolished in 2022, and the Supreme Court upheld the abolition in 2023. Service disputes of Odisha government employees, including dismissal, are therefore taken to the Orissa High Court in a writ petition; see writ petitions in the Orissa High Court. Central government employees go to the Central Administrative Tribunal, Cuttack Bench.
See service disputes for Odisha government employees.
Shops and offices
Employees of shops and commercial establishments may also have notice and leave rights under the Odisha Shops and Commercial Establishments Act, 1956. Check the current position with the labour office, as these rights interact with the new codes.
If you cannot afford representation, see free legal aid in Odisha. Information on civil and employment matters handled is under civil litigation.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଚାକିରି | chakiri | job, employment |
| ଦରମା | darama | salary |
Frequently asked questions
Where do I complain if my salary is not paid in Odisha?
Write to the employer first, then approach the District Labour Officer or the authority notified under the Code on Wages, 2019. A claim can be filed within three years of the dues arising, and later for sufficient cause.
Is there a Labour Court in Bhubaneswar for termination cases?
Under the Industrial Relations Code, 2020, individual termination disputes go first to conciliation at the labour office and then to the Industrial Tribunal constituted by the State. Ask the labour office which Tribunal has jurisdiction over your establishment.
Are the new labour codes in force?
Yes. All four labour codes came into force on 21 November 2025. Rules under the codes were still being notified in 2026, and Odisha published draft Industrial Relations Rules in February 2026; check whether the State rules are final.
What can I do if my gratuity is not paid?
Gratuity is payable after five years' continuous service (pro rata for fixed-term employees after one year). If the employer refuses, apply to the controlling authority; in Odisha the Labour Commissioner and Divisional Labour Commissioners act in that role.
Can a private company terminate me without notice?
Only if your contract or the law allows it. Workers are entitled to notice and retrenchment compensation under Section 70 of the Industrial Relations Code, and other employees to the notice or notice pay in their contract.
How long do I have to challenge a dismissal?
Raise the dispute promptly. Under the Industrial Relations Code, a dispute about termination generally has to be raised within two years. Government employees should move the Orissa High Court without delay.
Official sources
- Labour Directorate, Government of Odisha: roles of labour officers
- Industrial Relations Code, 2020 and Code on Wages, 2019 (India Code)
- Ministry of Labour and Employment: labour codes
- Draft Odisha Industrial Relations Rules, 2026 (Odisha Gazette, February 2026)
- Orissa High Court (official website)
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.