I. Introduction
The Delhi High Court delivered a landmark judgment on July 14, 2025 in Abhijit Mishra v. Wipro Limited (2025: DHC: 5678-Case Number: CS(OS) 31/2021) establishing important distinctions between contractual termination validity and tort liability for defamatory statements in termination communications.
The Court clarified that while employers retain full contractual rights to terminate employment, they may face separate liability for unsubstantiated adverse characterizations included in termination letters.
Significantly, the judgment expressly recognises and applies the doctrine of compelled self-publication in employment defamation, holding that employers may be liable even if termination letters are not directly published to third parties, where employees are foreseeably compelled to disclose them to future employers.
II. Case Background and Timeline
- Employment Period: March 14, 2018 to June 5, 2020
- Position: Principal Consultant
- Termination Date: June 5,...