(a) the post held by him has been retrenched ; or
(b) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health ;
And he has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than thirty days, or such longer period as may be required under the terms of employment :
Provided that the notice of discharge may be of a shorter period if the same is accompanied with payment of wages to the employee for the number of days the notice is short of the required period.
(2) Nothing in sub-section (1) shall apply to dismissal for misconduct.
Source footnotes
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Section 1 · Short title and extentSection 2 · DefinitionsSection 3 · The provisions of the Act not to apply to certain persons, shops and commercial establishmentSection 4 · SavingsSection 4A · Register of shops and commercial establishmentsSection 4B · RegistrationSection 4C · Validity of registration certificateSection 4D · Duplicate Registration certificateIndia Code, Government of India. Text fetched 19 Oct 2026. Source metadata reports last modification: 2026-02-19. Check the linked official text and subsequent notifications when applying a provision.