Section 39 in Karnataka Shops and Commercial Establishments Act, 1961
39. Notice of dismissal.
(1)No employer shall remove or dismiss an employee who has put in service under him continuously for a period of not less than six months, except for a reasonable cause and unless and until one month's previous notice or pay in lieu thereof has been given to him:Provided that where misconduct of an employee is brought on record with proof at an enquiry held for the purpose, he shall not be entitled to the notice or pay in lieu of such notice.(2)An employee removed or dismissed under sub-section (1) shall have a right of appeal to [such officers having jurisdiction over such areas or such classes of employees as may be prescribed] [Substituted by Act 36 of 1966 w.e.f. 25.4.1969.] on the ground that there was no reasonable cause for the removal or dismissal or that he has not been guilty of misconduct as held by the employer.(3)Where an employee has been removed or dismissed without reasonable cause or without proof of misconduct, the employee shall, where the employer does not agree to reinstate him, be entitled to such compensation as the appellate authority may determine, provided that such compensation shall not exceed an amount calculated at one month's pay for every year of service [x x x] [Omitted by Act 25 of 1997 w.e.f. 12.2.1998.](4)Any person aggrieved by an order of the appellate authority may apply to the District Judge for a revision of such order and subject to the result of such application the decision of the appellate authority shall be final and binding on both the employer and the person employed.(5)The amount payable as compensation under this section shall be in addition to any fine payable under section 30 and shall be recoverable as a fine.(6)No employee who has been awarded compensation under this section shall be entitled to bring a civil suit in respect of the same claim.(7)If under any other law or under the terms of an award, agreement or contract of service, any employee is entitled to a longer period of notice or to more favourable benefits that are provided in sub-section (1) or sub-section(3)the provisions of the said sub-sections shall have effect as if such period of notice and such benefits had been enacted in this Act.
