Mrs.B.Anitha vs General Manager-Hrd
16. It is the submission of the learned counsel for the appellant/writ
petitioner that under Section 4 of the Tamil Nadu Shops and Establishment
Act, there is exemption for the Managerial cadre employees to file an appeal
before the Appellate Authority. In order to overcome the said submission,
the learned counsel appearing for the respondents-Bank brought to the
notice of this Court G.O.Ms.No.4074, Industries, Labour and Housing
(Labour), dated 05.10.1996, which makes the provisions of the Tamil Nadu
Shops and Establishment Act applicable even to the Managerial persons.
The said G.O. was relied upon by this Court in number of judgments
including Oriental Bank of Commerce vs. Commissioner of Labour and
Palat Achuthan Vs. Management, City Bank N.A., Mumbai (cited supra).
The relevant portion of the said G.O. is extracted hereunder: