TAMIL
NADU INDUSTRIAL ESTABLISHMENTS (CONFERMENT OF PERMANENT STATUS TO WORKMEN) ACT,
1981 THE TAMIL NADU
INDUSTRIAL ESTABLISHMENTS (CONFERMENT OF PERMANENT STATUS TO WORKMEN) ACT, 1981 [Act No. 46 of 1981] [5th August, 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) 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 preceeding 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. 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,
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 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, 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 one thousand 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) 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 interrupted on account of sickness or authorised leave or
an accident or a strike, which is not illegal, or a lock-out or on account of
non-employment or discharge of such workman for a period which does not exceed
three months and during which period a substitute has been employed in his place
by the employer, or a cessation of work which is not due to any fault on the
part of the workman. Explanation.--For
the purposes of this section, the number of days on which a workman has worked
in an industrial establishment shall include 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. (1) The Government may, by notification, appoint such
persons or such class of persons as they think fit to be Inspectors for the
purpose of this Act within such local limits as the Government may specify. (2) Every Inspector shall be deemed to be a public
servant within the meaning of section 21 of the Indian Penal Code (Central Act
XLV of 1860). Subject
to any rules made by the Government in this behalf, the Inspector may, within
the local limits for which he is appointed,-- (a) enter at all reasonable times and with such
assistants, if any, who are persons in the service of the Government or of any
local authority as he thinks lit to take with him any industrial establishment; (b) make such examination of the industrial
establishment and of any registers, records and notices and take on the spot or
elsewhere the evidence of such person as he may deem necessary, for carrying
out the purposes of this Act; and, (c) exercise such other powers as may be necessary for
carrying out the purposes of this Act. (1) Every employer who contravenes the provisions of
section 3 shall be punishable with fine which may extend to five thousand
rupees and in the case of continuing offence with a further fine which may
extend to two hundred rupees for every day after the first during which the
offence continues. (2) No prosecution for an offence punishable under the
section shall be instituted except with the previous sanction of the prescribed
authority. Nothing
contained in this Act, shall apply to workmen employed in an industrial
establishment engaged in the construction of buildings, bridges, roads, canals,
dams or other construction work whether structural, mechanical or electrical. No
court inferior to that of a metropolitan magistrate or a judicial magistrate of
the first class shall try any offence under this Act. The
Government may, by notification, exempt conditionally or unconditionally any
employer or class of employers or any industrial establishment or class of
industrial establishments from the provisions of this Act. (1) The Government may make rules to carry out the
purposes of this Act. (2) All rules made under this Act shall be published in
the Tamil Nadu Government Gazette, and unless they are expressed to come into
force on a particular day, shall come into force on the day on which they are
so published. (3) All notifications issued under this Act shall,
unless they are expressed to come into force on a particular day, come into
force on the day on which they are published. (4) Every rule made or notification issued under this
Act shall, as soon as possible, after it is made or issued, be placed on the
table of both Houses of the Legislature, and if, before the expiry of the
session in which it is so placed or the next session, both Houses agree in
making any modification' in any such rule or notification or both Houses agree
that the rule or notification should not be made or issued, the rule or
notification shall, thereafter have effect only in such modified form or be of
no effect, as the case may be; so however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule or notification.
Preamble - TAMIL NADU INDUSTRIAL
ESTABLISHMENTS (CONFERMENT OF PERMANENT STATUS TO WORKMEN) ACT, 1981PREAMBLE