Section 19 in The Tamil Nadu Catering Establishments Act, 1958
19. Notice of discharge or dismissal.
(1)No employer shall dispense with the services of an employee employed [for a period of not less than one hundred and twenty days during a period of six months] [Substituted for 'continuously for a period of not less than six months' by Tamil Nadu Act 29 of 1975.], except for a reasonable cause and without giving such employee at least one month's notice or wages in lieu of such notice, provided however that such notice shall not be necessary where the services of such employee are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an inquiry held for the purpose.(2)(a)Any employee discharged, dismissed or retrenched may appeal to such authority and within such time and in such manner as may be prescribed either on the ground that there was no reasonable cause for dispensing with his services or on the ground that he had not been guilty of misconduct as held by the employer or on the ground that the employer did not retrench him in good faith.(aa)[ The appellate authority may, if it considers that any document or the testimony of any person is relevant or necessary for the discharge of its duties under this Act as appellate authority, call for and inspect such document or summon and examine such person. For the aforesaid purposes, it shall have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters, namely:- [Inserted by Tamil Nadu Act 29 of 1975.](i)summoning and enforcing the attendance of any person and examining him on oath;(ii)compelling the production of documents;(iii)issuing commissions for examination of witnesses.](b)The appellate authority may, after giving notice in the prescribed manner to the employer and the employee, dismiss the appeal or direct the reinstatement of the employee, with or without wages for the period he was kept out of employment or direct payment of compensation without reinstatement or grant such other relief as it deems fit in the circumstances of the case.(3)The decision of the appellate authority shall be final and binding on both the parties, not be liable to be questioned in any Court of law and be given effect to within such time as may be specified in the order of the appellate authority.
