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Tamil Nadu
Appeal against reinstatement: Bill to give full wages introduced
Special Correspondent
CHENNAI: Labour Minister T.M. Anbarasan on Tuesday introduced in the Assembly a Bill to facilitate payment of full wages to an employee when his employer has gone on appeal against his reinstatement in a higher court.
The amendment to Tamil Nadu Shops and Establishments Act, 1947 states: “Wherein any case, the appellate authority by its decision under section 41 directs reinstatement of any person employed and the employer prefers any proceeding against such decision in a High Court or the Supreme Court, the employer shall be liable to pay such person employed, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the person employed had not been employed in any establishment during such period and an affidavit by such person employed had been filed to that effect in such Court.”
The government brought in the amendment because there is no provision as of now to pay wages during the period of pendency of an appeal.
Penalties incorporated in case of failure
It has also incorporated penalties if employers failed to comply with the provisions of the amended Act.
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