You have not mentioned anything regarding nature of complaint or misconduct as to why workmen should be terminated. As a professional HR , you need to describe nature and gravity both, Gravity becomes essence in case of termination before Labour court to defend adjudication . It only and rarely gets acceptance, when you are over confident that workmen was habitual to repeat one and many misconducts and company has lost faith and even minimum amount of output from him can not be made possible since past.
A permanent workman can not be terminated without affording him opportunity to explain the reasons / justifications of employment related breaches or misconducts. Retrenchment also be not given without prior permission from Labour department. If it is serious misconduct then issue him charge sheet, conduct domestic enquiry and then if found alleged misconducts proved you can terminate. Or else build a case for future action. One practical approach is suggested. See who referred him for employment. If referred by coworker, then call him and speak out that in view of prevailing circumstances, it would be not possible to take along his candidate for longer time. Be ready to pay him extra money equal to Notice pay + retrenchment compensation+gratuity and try to convince workman to go away and start doing something of his likes. This has to be strategy based, at suitable time. You can issue him show cause notice, one, two , three against misbehavior, unauthorized absenteeism , disobedience and repeating that he is instead of improving, going on adding one and more serious types of misconducts which company has taken very seriously and same will not be accepted in any case ---giving feeling that he will be now out very soon. Possibility is there, he himself will approach you straight way to square up his FnF dues with normal acceptance/ relieving certificates. In these days, the success is on second option, its low cost and treatment like Ayurveda, hence no question of reaction.Only thing, that you initiate in a very convincing manner dialogue and observe his response to your efforts.
All the best,
RDS Yadav
Management Consultant and Advisor