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Management, E.I.D. Parry India Ltd. vs Assistant Commissioner Of Labour-I And ... on 4 November, 1999

21. At this juncture, the Division Bench decision relied on by the learned counsel for the 2nd respondent in 2001 (4) LLN 857 (E.I.D. Parry (I) Ltd. v. Commissioner of Labour) is to be noted wherein the Division Bench observed that the 2nd respondent therein who was working as General Manager in a factory will not fall under the definition of "person employed" under the Tamil Nadu Shops and Establishment Act, 1947 and on the other hand, he was a workman who would fall under the definition of Section 2(1) of the Factories Act and therefore, the exemption from applicability of the Tamil Nadu Shops and Establishment Act, to the persons governed by the Factories Act, as provided under G.O.Ms.No.545 dated 10.02.1950, would come into force. Thus, the Division Bench found that the appeal filed by the said General Manager was not maintainable under Section 41(2) of the Tamil Nadu Shops and Establishment Act, challenging his termination order.
Madras High Court Cites 19 - Cited by 9 - Full Document
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