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State of West Bengal - Section

Section 15 in The West Bengal Board Of Secondary Education Act, 1963.

15. [ Notice of termination of service. - (1) The services of a person employed in any shop or establishment, who has been in continuous service for not less than one year in such shop or establishment, shall not be terminated without giving him one month's notice, in writing showing the reasons of such termination and until the period of notice has expired or until he has been paid, in lieu of such notice, wages for the period of such notice.

(2)The person as aforesaid shall have the right to appeal to such authority and within such period as may be prescribed, either on the ground that there is no reasonable cause for terminating his services or on the ground that he has not been guilty of any misconduct, provided his services have been terminated on such ground.
(3)The decision of the appellate authority on such appeal shall be final.] [Substituted by West Bengal Shops and Establishments Act, 1988 (23 of 1988)]
Section 15 substituted by West Bengal Shops and Establishments Act, 1988 (23 of 1988), the section prior to the substitution read as;15. Notice of termination of service.- (1) No person shall, after completing one year of continuous service in any shop or establishment have his services terminated, without sufficient ,cause, unless he has been given one month's notice in writing or has been paid one month's wages in lieu of such notice.Explanation. - For the purposes of this section and section 11-continuous service includes any holiday, authorized leave of period of any strike which is not illegal or of any lockout ;(ii) in computing a completed year of continuous service, section 25B of the Industrial Disputes Act, 1947 (14 of 1947) shall, mutatis mutandis, apply.(2) Any person employed in a shop or an establishment, whose services have been terminated in contravention of the provisions of sub-section (1), may make an application to a Presidency Magistrate or a Magistrate of the first class alleging such termination. The Magistrate, if satisfied that there is a prima fade case showing that the services of the applicant have been terminated without sufficient cause, shall issue a notice to the person registered for the time being as the shop-keeper or the employer under section 16, to appear in person or by an agent authorized by Such shop-keeper or employer in writing in this behalf and show cause why proceedings shall not be taken against such a shop-keeper or employer under this section and may, after giving him or such agent an opportunity of being heard, and after recording the reasons in writing, direct that such shop-keeper or employer shall pay one month's wages as compensation and thereupon shop-keeper or employer shall pay to the applicant the amount of compensation so directed to be paid.(3) The amount of compensation payable under this section shall, for purposes of its recovery, be deemed to be a fine imposed under this Act.(4) The provisions of sub-sections (2) and (3) shall be in addition to, and not in derogation of, the provisions of section 21 or any other law for the time being in force and nothing in sub-section (2) of section 22 shall be deemed to require any tomplaint to be made under that sub-section before an application is made under sub-section (2).