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Short title, extent, application and commencement. – (1) This Act may be called the Tamil Nadu Industrial Establishments conferment of Permanent Status to Workmen) Act, 1981. _________________________________________________________________ *Vide the Tamil Nadu Government Gazette Extraordinary, Pt.IV, Sec. 2 dated the 10th August, 1981, at p.519. (2) It extends to the whole of the State of Tamil Nadu. (3) It applies to every industrial establishment (not being an establishment of seasonal character or in which work is performed only intermittently) in which not less than fifty workmen were employed on any day of the preceding twelve months. If any question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently the decision of the Government thereon shall be final : Provided that the Government may, by notification, apply the provisions of this Act to any industrial establishment employing such number or workmen less than fifty * as may be specified in the notification. (4) It shall come into force on such date1 as the Government may, by notification, appoint : Provided that nothing contained in this Act shall apply to any industrial establishment until the expiry of a period of two years from the date of its establishment. ______________________________________________________________ Application of provisions of Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act to certain establishments. [G.O.Ms.No.2043, Labour and Employment, 24th September, 1982 (Puratasi 8, Thunthubi, Tiruvalluvar Aandu 2013] *No. II (2)/LE/5527/82 ---- In exercise of the powers conferred by the proviso to sub-section (3) of section 1 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (Tamil Nadu Act 46 of 1981), the Governor of Tamil Nadu hereby applies the provisions of the said Act to all industrial establishments (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than twenty workers were employed on any day of the preceding twelve months. 1:1st January, 1982 (vide G.O.Ms.No.2813, Labour and Employment, dated the 28th December, 1981). 2.Definitions.--- In this Act, unless the context otherwise requires,-- (1) “employer” means the owner of an industrial establishment to which this Act for the time being applies and includes-- (a) in a factory, any person named under clause (f) of sub section (1) of section 7 of the Factories Act, 1948 (Central Act LXIII of 1948) as manager of the factories; (b) in any industrial establishment under the control of any department of any State Government in India, the authority appointed by such State Government in this behalf, or where no authority is so appointed, the head of the Department; (c) in any other industrial establishment, any person responsible to the owner for the supervision and control of the Industrial establishment; (2) “ Government ” means the State Government; (3) “ industrial establishment ” means--- (a) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (Central Act LXIII of 1948) or any place which is deemed to be a factory under sub-section (2) of section 85 of that Act; or (b) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (Central Act LXIX of 1951); or (c) a motor transport undertaking as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961 (Central Act 27 of 1961); or (d) a beedi industrial premises as defined in clause (i) of section 2 of the Beedi and Cigar Workers (conditions of employment) Act, 1966. (Central Act 32 of 1966); or (e) an establishment as defined in clause (6) of section 2 of the Tamil Nadu Shops and Establishment Act, 1947 (Tamil Nadu Act XXXVI of 1947); or (f) a catering establishment as defined in clause(1) of section 2 of the Tamil Nadu Catering Establishment Act, 1958.(Tamil Nadu Act XIII of 1958) ; or (g) any other establishment which the Government may, by notification, declare to be an industrial establishment for the purpose of this Act; (4) “ Workman ” means any person employed in any Industrial Establishment to do any skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied1 [and includes a badli workman], but does not include any such person, -- (a) who is employed in the police service or as an officer or other employee of a prison ; or (b) who is employed mainly in managerial or administrative capacity ; or (c) who, being employed in a supervisory capacity, 2[draws wages exceeding three thousand and five hundred rupees per mensem] or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. 1[Explanation.—“Badli workman” means a workman who is employed in an industrial establishment in the place of another workman whose name is borne on the muster rolls of the establishment.] 3.Conferment of permanent status to workmen.—(1) Notwithstanding anything contained in any law for the time being in force every workman who is in continuous service for a period of four hundred and eighty days in a period of twenty four calendar months in an industrial establishment shall be made permanent. (2) A workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be _________________________________________________________________ 1 Ins. by Act 48 of 2000 (w.e.f. 1st February, 2001) 2 Subs. by Act 17 of 1999 (w.e.f. 10th August, 1999) interrupted on account of sickness or authorized leave or an accident or a strike, which is not illegal, or a lock-out 1[***] or a cessation of work which is not due to any fault on the part of the workman. 2Explanation I.-- 3[For the purposes of computing the continuous service referred to in sub-sections (1) and (2), a workman shall be deemed to be continuous service during the days on which --- ] ; (i) he has been laid off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946) or under any other law applicable to the industrial establishment ; (ii) he has been on leave with full wages, earned in the previous years; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment ; and (iv) in the case of a female, she has been on maternity leave ; so, however, that the total period of such maternity leave does not exceed twelve weeks. 4 [Explanation II. – For the purposes of this section, ‘law’ includes any award, agreement, settlement, instrument or contract of service whether made before or after the commencement of this Act.]