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REQD Format of eviction notice

(Querist) 05 September 2008 This query is : Resolved 
Respected friends.please provide me the format of eviction notice for a worker working under daily wages act.also,should any precautions be taken before serving the notice.Thanx in advance.
Srinivas.B.S.S.T (Expert) 05 September 2008
eviction petition for a worker working under daily wages????/ i didnt get you sir. Can you please eloborate your query
adv fauzia azim (Querist) 05 September 2008
Sir Srinivas you got me wrong,i mean a notice to remove a worker from his place of work,and not eviction petition.Thanx.
Srinivas.B.S.S.T (Expert) 05 September 2008
Sorry by the term eviction i thought a landlord tenent problem
adv fauzia azim (Querist) 06 September 2008
H. S. Thukral (Expert) 06 September 2008
How long the worker is employed and in what job? Have you issued him any employment letter or any other note of employment?
ESTHERPRIYA (Expert) 07 September 2008
It must not be eviction notice it must be a charge memo sir. He is not your servant you cant ask him to get out of work by a mere notice understand that. He has served you for many years and out of his work you must have a earned either a lot or a bit. First you have to give a valid reason for which he should be charged. Charge Memo has to be given to him. He should be given opportunity to be heard and sufficient time to reply to the charges and inquiry should be conducted and at last report has to be filed.Based on the report the management should render their decision of suspension, dismissal or penalty etc., as labour provisions says. You cant mere by notice evict persons from your industry. It is the fundamental basis of livelihood and writ can be issued against you. A separate enactment in case of Tenant are there stating about eviction notices but no such enactment says to evict persons from office by a notice. Right.
adv fauzia azim (Querist) 11 September 2008
Hello again,friends,actually ,worker works in my friends haircutting saloon,and is not very punctual and takes many holidays,all his salaries are paid according to the minimum wages act,he is always harassing the owner,this worker has not signed any employment letter,just the usual register of attendance and working hours are updated.Is the term "retrenchment compemsation" to remove this worker?Am not too familiar with the terms used in labour laws as it is not what iam practising,so please excuse mistakes.
Prakash Yedhula (Expert) 15 November 2008
If you choose to terminate his services for any specific charges, you need to issue a charge memo containing the charges against him and call for his explanation to the same. Thereafter you need to conduct an enquiry and thereafter if the charges are proved you can terminate him.
Hiralal Das (Expert) 04 April 2009
Thanks all of you. Author may follow the valuable opinions of the Ld. Members.

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