(1) No employer shall dispense with the service of an employee who has been in continuous employment for not less than two hundred and forty days, without giving such person at least one month’s notice in writing or wages in lieu of such notice:
Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct established as per the rules prescribed.
(2) No employee, who has been in the continuous employment of an employer for not less than two hundred and forty days, shall leave the service of such employer without giving him at least one month’s notice in writing, and if he fails to give such notice, or gives notice of less than one month, he shall forfeit his wages for one month or for the number of days by which the notice falls short of one month as the case may be.
(3) Any employee in respect of whom the provisions of sub-section
(1) are contravened may apply before Assistant Labour No. 32-3] The J&K Official Gazette, 1st Nov., 2025/ 10th Kart., 1947. 7 Commissioner and if he/she is satisfied that such person has been dismissed without sufficient cause, he may for the reasons recorded in writing, direct the employer to pay one and a half months wages as compensation to the persons dismissed and thereupon the employer shall pay the amount of compensation to such person:-
(a) The amount of compensation payable under this section shall, for the purpose of its recovery, be deemed to be a fine imposed under this Act,
(b) Any person who has been awarded compensation under this section shall not bring any civil suit or proceedings in respect of the same claim and no civil court shall entertain any such suit or proceedings.