LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sagar Patel (Assistant Manager - Projects)     16 September 2011

Dismissal, discharge & retrenchment - precise difference

Hello Everyone !

 

I am seeking a Precise difference between 'Dismissal', 'Discharge' and 'Retrenchment' of Workmen.. pertaining to the Industrial Disputes Act 1947.

I shall be obliged to receive your valuable inputs.

 

Thank you. Good day.



Learning

 4 Replies

Isaac Gabriel (Advocate)     16 September 2011

Dismissal-punishment for disciplinary action Discharge- absolving from the charges framed. Termination- end of tenure of job by superannuation,retirement,resignation,vuluntary retirement etrc.,

Sagar Patel (Assistant Manager - Projects)     16 September 2011

Mr. Gabriel, Thank you for your reply .

 

Under which of these 3 cases is the Employee eligible to be hired back in the industry..... In other words, would you please advice which of these is permanent and temporary ?

 

Thank you.

Isaac Gabriel (Advocate)     18 September 2011

Dismissal and termination,though seems final.is subject to appeal to the next higher authority and judicial review.

K.S.Srinivas (Advisor (HR))     19 September 2011

Dismissal :- As a measure of punishment in a disciplinary case.

Termination :- It is also as a mearure of punishment in a disciplinary case or due superannuation/voluntary retirement/resignation etc.

Discharge :- Termination of employment after the contract period is over or also termination due to poor performance of the employee during the probationary period.

Retrenchment :- The junior most employee(s) shall be retrenched from the employement due to inability of the management to provide work or engage the employees due to lack of purchase orders etc.

Retrenched/discharged employee can be taken back to the employement in futurre. 

Dismissed employee shall not be provided employment in the same organisation in future.

 

 

 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register