Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981
No: 46 Dated: Aug, 10 1986
THE TAMIL NADU INDUSTRIAL ESTABLISHMENTS (CONFERMENT OF PERMANENT STATUS TO WORKMENT) ACT, 1981
(Tamil Nadu Act 46 of 1981)
An Act to provide for the conferment of permanent status to workmen in the industrial establishments in the State of Tamil Nadu.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-second Year of the Republic of India as follows:-
1. 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.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It applies to every industrial establishment (not being an establishment of a 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 of workmen less than fifty as may be specified in the notification.
(4) It shall come into force on such date 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.
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 factory;
(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, he 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 of the Tamil Nadu Shops and Establishments 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 Establishments 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 implied 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 a managerial or administrative capacity; or
(c) who, being employed in a supervisory capacity, 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.
Explanation. - "Badli workmen" 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.