Managing Dismissals and Separation
The final result of both the terms -dismissal and discharge - is similar, that is, the employee's services stand terminated. In practical usage, both terms are so used interchangeably. Some minor differences, though, are worth mentioning here. When dismissal is a kind of punishment against alleged misconduct, discharge is not a punishment always. While the employer examines all background factors leading to the termination of services of a worker, he might simply discharge the employee rather than dismissing him. Dismissal contains a negative connotation & carries a punitive label alongside. A person who is dismissed from service may discover it difficult to discover alternative employment, while compared to a person who is discharged from service. In particular case of discharge, the errant worker may be served a reasonable, advance notice. It is not so in the case of dismissal in which the services are terminated instantly. In case of dismissal, the employer can withhold the dues payable to the worker whereas in case of discharge, usually all of these are settled simultaneously. At last, before dismissing worker, the employer has to hold disciplinary proceedings (domestic enquiry) in a correct way. In case of discharge, he might or might not go for it.
The grounds for dismissing worker are clearly stated in Industrial Disputes Act, 1947 (as amended in the year 1982) and the Industrial Employment (Standing Orders) Act, 1946 - such as, theft, fraud, dishonesty, wilful insubordination, , habitual neglect of work, habitual late coming ,wilful damage to property, , striking work in violation of rules, disorderly violent behaviour taking bribes, etc.