Beedi and Cigar Workers (Conditions of Employment) Act, 1966
31.Notice of dismissal.-
(1) No employer shall dispense with the services
of an employee who has been employed for a period of six months or more, except
for a reasonable cause, and without giving such employee at least one month's
notice or wages in lieu of such notice.
Provided that such notice shall not be necessary if the services of such
employee are dispensed with on a charge of misconduct supported by satisfactory
evidence recorded at an inquiry held by the employer for the purpose.
(2) (a) The employee discharged, dismissed or retrenched may appeal to such
authority and within such time as may be prescribed either on the ground that
there was no reasonable cause for dispensing with his service or on the ground
that he had not been guilty of misconduct as held by the employer or on the
ground that such punishment of discharge or dismissal was severe.
(b) The appellate authority may, after giving notice in the prescribed manner
to the employer and the employee, dismiss the appeal or direct the
reinstatement of the employee with or without wages for the period during which
he was kept out of employment or direct payment of compensation without
reinstatement or grant such other relief as it deems fit in the circumstances
of the case.
(3) The decision of the
appellate authority shall be final and binding on both the parties and be given
effect to within such time as may be specified in the order of the appellate
authority