Note: There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge, or retirement, and every person is entitled to take such a certificate.
Supreme Court Ruling on Misconduct
The Supreme Court held that the misconducts mentioned in the standing orders were exhaustive, and a workman could not be punished for an act or omission not described as misconduct in the standing orders (Glaxo Laboratories vs. P.O. Labour Court, Meerut & Others AIR 1984 (SC) 505; 1983 Lab, IC 1909).
IT Companies and the Shops and Establishments Act
IT companies are covered under the Shops and Establishments Act. The terminated employee may be covered under the definition of the Shops and Establishments Act and can approach the Inspector appointed under this Act.
Issuing Experience Certificates
Sensible companies issue experience certificates (without stating any reason or making mention of termination) immediately along with or after the termination order is passed.