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1985 Supreme(Mad) 58

M.N.CHANDURKAR, S.DEV
Metal Powder Co. Ltd. , Tirumangalam – Appellant
Versus
The State of Tamil Nadu – Respondent


ORDER

1. These writ petitions have been filed by the petitioners challenging the constitutional validity of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, (Act 46 of 1981), hereinafter referred to as the Act. This Act came into force on 1st January, 1982. The statement of objects and reasons of the Act shows that a large number of workers in industrial establishments were kept under temporary rolls and were given only consolidated wages, which were far below the occupational wages and did not carry the benefit of dearness allowance paid to permanent employees. Similarly, they were denied various other benefits like payment of festival, cyclone and marriage advances, payment of ex-gratia over and above the statutory bonus, supply of uniforms and tea, preference for the dependents of the employees in the matter of employment, etc. The Act, was, therefore, enacted by way of a special legislation, to confer permanent status to the workmen in various industrial establishments, who have put in service for a period of 480 days in a period of 24 calendar months in such establishments.

2. The crucial provision in the Act, which deals with conferment
















































































































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