SN-DI-Termination Process

Dear All,
Need to seek some advise/opinion abt matter of termination. A worker have work for 7 yrs in the company, all the while he has attitude problem & been file for 2 warning letters under his employee file. Recently, due to his careless, he has damage customer property & my co. has pay the claim. Unfortunately, the worker not willing to bear the responsibility & refuse to pay anything.
HR dept has called him to explain the cause of this damage & his superior has consult him for twice, but still he not admit his false & refuse to pay the claim even we offer him to pay half. Management were so angry with this & request for direct termination.
As he been working here for more than 7 yrs, he do entitle for termination benefits. but for sure my Co are not willing to do so.So, I must go for a proper DI & seek your guys advise on this matter.
thanks

1. Do not forget the Principal of Natural Justice. Go through the complete process of Disciplinary proceedings and then only come to a conclusion. Remember that the cost of litigation for the company may far exceed the cost you are trying to recover from the worker.
2. Any ways you can not withhold statutorily payable amount (e.g. Gratuity) without proper justification and proof so even if you want to recover any thing from his terminal benefits you will have to go through the Disciplinary proceedings without which you will not be able to establish that the loss to your customer property is attributed to the negligence of the worker concern.
Regards
Preetam Deshpande

Dear Experts HR birds,
I have been working with an emerged brand in FMCG company in HR department. we have our marketing force in almost 15 states. now the performance of marketing team is being evaluated & found damn poor. now my mgmt has decided to terminate their services on the ground that they have not replied any of our mail of crucial nature. they refuse us to go in market to collect the money & keep threatening the management to go for the adjudication in labour court.
can we terminate them? what & how should we terminate their service? what benefits could they claim?
we have not paid their salary since last couple of months.