(1) The Administrator may, by notification, appoint an officer of the Department of Labour of the Union territory of the Andaman and Nicobar Islands, not below the rank of the Labour Commissioner, to be the prescribed authority to exercise the powers and perform the functions of the prescribed authority under this Regulation.
(2) No employer shall remove or dismiss an employee who has put in continuous service for a period of not less than six months, except for a reasonable cause and unless the employee has been given one month’s prior notice in writing or has been paid one month’s wages in lieu thereof:
Provided that where misconduct of an employee is brought on record with proof'in an inquiry held for the purpose, he shall not be entitled to one month’s prior notice or one month’s pay in lieu of such rotice.
(3) An employee removed or dismissed under sub-section (2) shall have a right of appeal to the prescribed authority on the ground that there was no reasonable cause for the removal or dismissal or that the employee has not been gu:lty of misconduct as held by the employer.
(4) 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 prescribed authority may determine:
Provided that such compensation shall not exceed an amount calculated at one month’s pay for every completed year of service subject, in'any case, to the maximum of six months pay.
(5) Any person aggrieved by an order of the prescribed authority may apply to the District Judge for a revision of such order and subject to the result of such revision, the decision of the prescribed authority shall be final and binding on both the employer and the employee.
(6) The amount payabi¢ as compensation under this section shall be in addition to any fine payable unider section 26 and be recoverabie as arrears of land revenue.
(7) No employee who has been awarided ‘compensation under lhrs section shall bc “entitled to bring a civil sull in respect of the same claim.
(8) Nohing contained it {-section (2) orsub-section () shall affect the provisions of any othei law or terms of an award, agreement or contract of service, urider which an unployee is entitled to a longer period of notice or to more favourable benofit\