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Informist, Wednesday, Sept. 24, 2025

 

NEW DELHI - The division bench of the Delhi High Court on Wednesday stayed the execution of its single-judge decree asking Wipro Ltd. to pay its former employee Abhijit Mishra INR 200,000 in damages in a defamation case filed by the latter. The division bench issued a notice to Mishra on an appeal by Wipro against the single judge's July order.

 

In July, Justice Purushaindra Kumar Kaurav held that Wipro Ltd.'s termination letter to Mishra contained defamatory content, full of stigmatic language and bereft of any foundation. The single judge had asked Wipro to expunge remarks regarding the professional character of its former employee and issue him a fresh termination letter.

 

"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 (Mishra before single judge)," said Justice Kaurav. The termination letter issued by Wipro did not merely effectuate the cessation of the employment relationship, but was couched in a language intended to tarnish Mishra's reputation and to impair his ability to pursue re-employment with dignity, Justice Kaurav added.

 

The single judge said that although clause 10 of the employment contract permitted termination simply, the termination letter, however, surpassed that framework and was replete with "stigma and insinuations" likely to accompany Mishra into future professional settings. The tenor of the communication reveals a discernible intent to carry out a form of character assassination by Wipro under the semblance of administrative formality, thereby compounding the damage to Mishra's reputation and standing, said the single judge.

 

The single judge was hearing a suit by Mishra claiming damages amounting to INR 21 mln for defamation by his employer Wipro. Mishra said the imputations made in the termination letter were contrary to the employment contract and have caused serious injury to Mishra's reputation and goodwill. The court said that no case for awarding exemplary damages of INR 21 mln was made out by Mishra in the present case, however, general compensation of INR 200,000 was needed to redress the reputational harm, emotional hardship, and loss of professional credibility occasioned by the conduct of Wipro.

 

In 2020, Wipro had issued a termination letter to Mishra, who was working as principal consultant with the company from 2018. The letter attributed the conduct of Mishra as "malicious" and further claimed that his actions had resulted in an irreparable breakdown in the employer-employee relationship.

 

Wipro had argued that Mishra was employed with them as a principal consultant, which was a senior, creative, and managerial position that demanded highly creative and original work. However, Mishra, instead of focusing on his professional duties and honouring his commitment to the employer, was more invested in his self-styled identity as a "crusader for social change", engaging in activities unrelated to his work, said Wipro. 

 

When given an opportunity to improve his performance, Mishra chose to issue communications to the senior management of Wipro, in utter insubordination, said Wipro. His behaviour demonstrated lack of interest in improving professional performance, which ultimately led to the termination of his employment, the company added.

 

At 1357 IST, shares of Wipro were down 2% at INR 244.68 on the National Stock Exchange.  End

 

Reported by Surya Tripathi

Edited by Vandana Hingorani

 

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