Case Reference: United Mills Ltd. vs Rashtriya Mill Mazdoor Sangh
In India, United Mills Ltd., Bombay vs Rashtriya Mill Mazdoor Sangh, (1959) IILLJ 120 Bom, while referring to the Labour Appellate Tribunal, it was cited:
"In the case of discharge, it is nothing more than a termination of service, which gives the employee the right to his full provident fund, gratuity, and any other benefits to which he may be entitled. In the case of dismissal, an employee would be deprived of quite a number of benefits."
Experience Certificate Provisions
As far as the experience certificate is concerned, the following provisions of THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES 1946 are clear about the necessity of issuing a certificate of experience:
16. Certificate on Termination of Service
Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge, or retirement from service.
20. Service Certificate
Every workman who was employed continuously for a period of more than three months shall be entitled to a service certificate at the time of his leaving the service of the employer.
22. Exhibition and Supply of Standing Orders
(1) Services Record.
Matters relating to the service card, token tickets, certification of service, change of residential address of workers, and record of age:
(ii) Certification of Service.
(a) Every workman shall be entitled to a service certificate, specifying the nature of work (designation) and the period of employment (indicating the days, months, years) at the time of discharge, termination, retirement, or resignation from service.
Besides, in some States, Shops and Establishment Acts, provisions are enacted to a similar effect.
Thanks
Sushil