Termination Legalities

Hi All

If I understand correctly, there are a few legalities a company must perform before it can legally hope to terminate an employee:-
a) It must file a chargesheet against the employee;
b) It must form a panel of Investigation, and the employee in consideration has a say in the panel formation;
c) It must file the case in a Labour Court.
And it is upto the Labour Court wether it decided to Terminate or Retain the employee....and generally the decision goes against the company, and in favour of the employee.
Is that correct? And are there any other legalities that a company must abide by to ensure that the Termination procedure is legal, apart from the above mentioned 3 points?

Give your valuable inputs please.


Regards,

Brandon

Procedure for termination:
There should be an act of misconduct under applicable standing orders.
There should a charge sheet
Issue Show cause Notice asking explanation as why his service cannot be terminated for the alleged misconduct.
If the explanation is not satisfactory, then initiate enquiry through a neutral body.
Based on the enquiry report finding, take appropriate action.
Ensure the principle of natural justice prevails.
Ensure the notice pay/compensation is paid under Sec. 25 F of ID Act
Employer need not go to court at this stage. It is the deliquint employee has to prove he has not committed misconduct or the Employer's allegation is false, baseless and malafide intention.
You may need to produce evidence/counter evidence at the court if required. Aslo the the past record of the CSE is useful for further corroborating the misconduct.
Hope it is clear,

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TMS Rajan

I heard that in some exceptional cases, if any worker committed misconduct and the charges are grave in nature, he may be dismissed without giving any Charge sheet / Show cause notice. (justifying the action in the dismissal order stating that he is threatening the witnesses, hence we will lead the enquiry proceedings in the competent court).

Please clarify anybody.

Meghamala.
You are correct. This also true and holds good.

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TMS Rajan