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Swami Sadashiva Brahmendra Sar (Nil)     26 November 2010

Quiz 4 Service jurisprudence

Are the terms "termination", "discharge",  "dismissal" and "removal" synonimus ? If not, what are disticnt meanings of these terms/punishments ?



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 5 Replies

Arvind Singh Chauhan (advocate)     26 November 2010

Very tough exercise Sir!!!!!!!!!!!!!!!!!!!!!!

A V Vishal (Advocate)     26 November 2010

TERMINATION IS END OF CONTRACT, WHEREAS DISCHARGE, DISMISSAL AND REMOVAL CAN BE EVEN BEFORE END OF THE CONTRACT HENCE THE LATTER CAN BE TERMED SYNONYMS

Rama mohan Acharya (Manager HR(Legal))     27 November 2010

I would like to add to Mr. Vishal that : Dismissal  from service which shall ordinarily disqualify for future employment under the Govt. or Corporation/ Company of Govt. whereas Removal shall not be a disqualififation for the saisd purpose.

Termination may or may not be punitive but all other three are punitive in nature.

S. J. KALA (advocate)     29 November 2010

 

Termination

Simpliciter - Non Punitive- The Workman can apply the same company for employment-

 

Termination is a retrenchment within the meaning of section 2
(oo) of the Industrial Disputes Act in case of workmen under the Act.

 

Dismissal

Dismissal is a punishment on a proved misconduct – Punitive - The Workman cannot apply the same company for employment. 

 

Dismissal is not a retrenchment.

 

Removal

Punitive in nature

Discharge

Dischare Simpliciter/punitive Discharge. 

 

S. J. KALA (advocate)     29 November 2010

i will do some home work and i will send the accurate meaning.


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