Section 22 in Himachal Pradesh Shops and Commercial Establishments Act, 1969
22. Notice of removal.
(1)No employee shall be removed from service unless and until one month's previous notice or wages in lieu thereof has been given to him:Provided that-(a)no employee shall be entitled to such notice or wages in lieu thereof if he is removed on account of misconduct, after giving him an opportunity to explain the charge or charges against him in writing;(b)no employee shall be entitled to one month's notice or wages in lieu thereof unless and until he has been in the service of the employer continuously for a period of three months.(2)In any case instituted for a contravention of the provisions of subsection (1), if a Magistrate is satisfied that an employee has been removed without reasonable cause, the Magistrate shall, for reasons to be recorded in writing, award compensation to the employee equivalent to two months' wages:Provided that no such claim shall be entertained unless it is preferred by the employee within six months from the date of his removal.(3)The amount payable as compensation under this section shall be in addition to, and recoverable as, fine payable under section 25.(4)No person who has been awarded compensation under this section shall be entitled to institute a civil suit in respect of the same claim.
