Section 22 in The Punjab Shops and Commercial Establishments Act, 1958
22. Notice of removal.
(1)No employee shall be removed from service unless and until one month's previous notice or pay in lieu thereof has been given to him :Provided that -(a)no employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;(b)No employee shall be entitled to one month's notice or notice pay 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 sub- section (1), if a [Judicial Magistrate] [Substituted for the word 'Magistrate' by Punjab Act 25 of 1964.] is satisfied that an employee has been removed without reasonable cause, the [Judicial Magistrate] [Substituted for the word 'Magistrate' by Punjab Act 25 of 1964.] shall, for reasons to be recorded in writing, award compensation to the employee equivalent to two months' salary :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] [Substituted for the words 'or recoverable as' by Punjab Act No. 1 of 1964, Section 14.] fine payable under Section 26.(4)No person who has been awarded compensation under this section shall be entitled to bring a civil suit in respect of the same claim.
