Dear
I feel that the contract of service between labor and employer is governed by Industrial Employment Standing Orders Act, 1946 (SO) and no other agreement/loi can override the Standing Orders made between workmen and union.
If no such standing Order exists Model Standing Orders(MSO) are applicable in such case.
Answers
1. As per MSO/SO notice shall be given to permanent workmen in case of termination. Otherwise it ultravires SO and attracts section 13a1 ie the following penalty
"An employer who does any act in contravention of the standing orders finally certified under this Act for his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues."
2. As per MSO central rules notice is as follows:
"13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated."
3. If you terminate the service of the Labour other than as punishment then it comes as retrenchment as per ID Act, 1947. In such case the case may order you to pay the retrenchment compensation which equals 15 days of average salary for every completed year of continuous service along with the back wages and notice pay
regard
ravi