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1 - 10 of 14 (1.72 seconds)Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981
Section 6 in Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 [Entire Act]
S. Vijayalakshmi vs Tamil Nadu Water Supply And on 13 June, 2005
While the exercise of powers vested with the Inspector under the provisions of the Act is summary in nature, the one under the provisions of the 1947 Act may be an elaborate one. Nevertheless the same does not mean that by exercising the power under the provisions of the Act, the Inspector of Labour would be trepassing into the adjudication process contemplated under the provisions of the 1947 Act.
c. In the decision in S. Vijayalakshmi Vs. Tamil Nadu Water Supply and Drainage Board (represented by its Managing Director, Chennai [2005 (3) L.L.N. 706 at page 707], this Court has held as follows:-
Tamil Nadu Handicrafts Development ... vs Inspector Of Factories, Range No. Ii, ... on 26 October, 1999
Once there is a valid State enactment providing for relief to such of those workmen deemed permanency to those who had completed 480 days of service within a period of two calendar years then, such workmen getting permanent sttus cannot be questioned by any management. Such conferment of permanent status to the workmen cannot be labelled as violation of Arts. 14 and 16 of the Constitution. The effect of a local enactment conferring permanent status to workmen was never considered by any Court so far.
e. The Leaned Counsel for the Petitioner cites the order dated 04.04.2003 in W.P.Nos.20911 to 20916 of 1998 passed by this Court [(CDJ) 2003 MHC at page 753 in paragraph 12], wherein it is held that
The portion of the proceedings of the 2nd respondent in all these writ petitions holding that the workman is entitled for conferment of permanent status only from the date on which his proceedings are communicated is ordered to be deleted and this Court holds that each one of the workman for whose benefit the writ petition has been filed shall be deemed to have been conferred with permanent status from the date on which each employee completed 480 days of continuous service within a period of 25 calendar months.
f. Also, he relies on the order dated 27.07.2007 in W.A.No. 411 of 1998 and 2410 of 1999 passed by the Division Bench of this Court between The Tamil Nadu Handicrafts Development Corporation Limited, rep. by its Secretary, No.759, Anna Salai, Madras 2 and another Vs. The Inspector of Factories, Range No.II, Madurai 2 and two others, wherein in paragraphs 7 and 8, it is laid down as follows:-
Article 226 in Constitution of India [Constitution]
The Industrial Disputes Act, 1947
Section 3 in Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 [Entire Act]
The Factories Act, 1948
State Of Tamil Nadu And Ors vs Nellai Cotton Mills Ltd. And Ors on 20 March, 1990
19. He also seeks in aid of the decision of the Honble Supreme Court in State of Tamil Nadu and others Vs. Nellai Cotton Mills Ltd and others, [1991 (1) LLJ 35 at page 38] wherein, in paragraph 9, it is laid down as follows:-