Distinguishing Between 'Dismissal' and 'Termination' Under Labour Law
labour bar_exam intermediate doubtYaar samajh nahi aaya! I have been studying for the Bar Exam and I'm getting totally confused between 'dismissal' and 'termination' under Labour Law. Both seem to imply the ending of an employee's contract, but is there a difference?
I was reading the case of Eastern Book Company vs. D.R. Khanna (1985) and it seems like the Supreme Court used these terms interchangeably. But isn't dismissal specifically related to breach of service conditions, whereas termination is more general? I've also come across Section 2(oo) of the Industrial Disputes Act, which mentions 'dismissal' in the context of unfair labour practices. Please help, I'm totally lost now!
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"Koi baat nahi, main aapko bata sakta hoon ki dismissal and termination dono hi kanoon ke under significant hain, lekin unke implications alag hain. Dismissal generally kisi employee ko karna hota hai jo apne kaam mein kuch galti kar sakta hai, jabki termination kaam se judi hui galti ke karan hota hai.