Section 51 in Jammu and Kashmir Shops and Establishments Act, 1966
51. Notice of dismissal
(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than six months, without giving such person at least thirty days notice in writing or wages in lieu of such notice:Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct established according to the rules to be made by the Government in this behalf.(2)No employee, who has been, in the continuous employment of an employer for not less than six months, shall leave the service of such employer without giving him at least fifteen days notice in writing, and if he fails to give such notice, or gives notice of less than fifteen days, he shall forfeit his wages for fifteen days or for the number of days by which the notice falls short of fifteen days as the case may be.(3)Any employee in respect of whom the provisions of subsection (1) are contravened may apply to the nearest Magistrate of the first class having jurisdiction in the case or authority appointed under the [Payment of Wages Act, 1956] [Now Payment of Wages Act, 1936 (Central Act 4 of 1936).] and if such Magistrate or such authority is satisfied that such person has been dismissed without sufficient cause, he may, for reasons to be recorded in writing, direct that the employer shall pay one and half month's wages, as compensation to the person so dismissed and thereupon the employer shall pay, the amount of compensation to such person.(4)The amount of compensation payable under this section shall, for purposes of its recovery, be deemed to be a fine imposed under this Act.(5)No person who has been awarded compensation under this section shall be at liberty to bring any civil suit or proceeding in respect of the same claim and no Civil Court shall entertain any such suit or proceeding.
