Notice of termination of services

(1) The services of no person employed in any shop or establishment who has been in continuous service for not less than one year shall be terminated without sufficient cause until such person has been given one month’s notice in writing indicating the reasons for the termination and the period of notice has expired or such person has been paid in lieu of such notice, wages for the period of notice. Explanation: - For the purposes of this section and section 11- (i) Continuous service includes any holiday, authorized leave or period of any strike which is not illegal or of any lockout. (ii) in computing a completed year of continuous service, section 25B of the Industrial Disputes Act, 1947 shall, mutatis mutandis, apply. (2) Any person employed in a shop or an establishment whose service leave have been terminated in contravention of the provisions of sub-section (1) or any legal practitioner or Inspector appointed under section19 may within one year from the date of such termination make an application to a Magistrate of the first class alleging such termination. The Magistrate if satisfied that there is a prima face case showing that the services of the employee have been terminated without sufficient cause shall issue a notice to the person registered for the time being as the shop-keeper or the employer under section 16, to appear in person or by an agent authorized by such shop-keeper or employer in writing in this behalf and show cause why proceedings shall not be taken against such shop-keeper or employer under this section and may after giving him or such agent an opportunity of being heard and after recording the reasons In writing direct that such shop- keeper or employer shall pay two month’s wages as compensation shall pay to the employee the amount of compensation so directed to be paid against such shop- keeper or employer under this section and may, after giving him or such agent an opportunity of being heard, and after recording the reasons in writing, direct that such shop-keeper or employer shall pay two months wages as compensation and thereupon such shop-keeper or employer shall pay to the employee the amount of compensation so directed to be paid. (3) The amount of compensation payable under this section shall for purposes of its recovery be deemed to be a fine imposed under this Act. (4) The provisions of sub-section (2) and (3) shall be in addition to and not in derogation of the provisions of section 21 or any other law for the time being in force and nothing in sub-section (2) of section 22 shall be deemed to require any complaint to be made under that sub-section before an application is made under sub-section (2).