(1) No employee shall be removed from service unless and until one month’s previous notice or pay in lieu thereof has been given to him:
Provided that –
(a) no employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;
(b) no employee shall be entitled to one month’s notice or notice pay unless and until he has been in the service of the employee continuously for a period of three months.
(2) In any case instituted for a contravention of the provisions of sub-section (1), if a Judicial Magistrate is satisfied that an employee has been removed without reasonable cause, the Judicial Magistrate shall, for reason to be recorded in writing, award compensation to the employee equivalent to two month’s salary;
Provided that no such claim shall be entertained unless it is preferred by the employee within six months from the date of his removal.
(3) The amount payable as compensation under this section shall be in addition to, and recoverable and fine payable under section 26.
(4) No person who has been awarded compensation under this section shall be entitled to bring a civil suit in respect of the same claim.