(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— Ben. Act IV of
1866.
Notice of termination of services.
(i) 14 of 1947.
continuous service includes any holiday, authorised leave or period of any strike which is not illegal or of any lock out;
(ii) in computing a completed year of continuous service, section 25B of the Industrial Disputes Act, 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 facie 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 authorised by such shopkeeper or employer in writing in this behalf and show cause why proceedings shall not be taken against such 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 shopkeeper or employer shall pay one month's wages as compensation and thereupon such shop-keeper or employer shall pay to the applicant the amount of compensation so directed to be paid.
10 The West Bengal Shops arid Establishments Act, 1963.
[West Ben. Act (Section 16.)
(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 torequire -any complaint to be made under that, sub-section before an application is made under sub-section (2).
Registration of shops and establishments.