Conferment of permanent status act 1981
jayakumar.j
(Querist) 22 July 2019
This query is : Resolved
The above act can be implemented only if 2 or more persons to work in the organisation. In a Cooperative society 22 persons were working in the year 1982, and now the strength have fallen below 20. Whether the Conferment of permananecy could be invoked for getting permanency of a temporary employee working for more than 10 years?
Isaac Gabriel
(Expert) 22 July 2019
Labour legislations unilaterally hold once the industry unit reaches the number for the implementation of the act,it can continue even if the number falls below later.
Hemant Agarwal
(Expert) 23 July 2019
1. IF the Society is a "Coop Housing Society (CHS)", THEN the labour laws are not applicable, according to a recent Mumbai High Court judgment. However other types of society's to the exception of CHS are all covered under Labour laws, and the mentioned criteria is enforceable against such other types of societies (eg. Credit society, Banking Society, Agricultural /Milk /Cotton producers society). This is further only IF appropriate provisions for ESIC, PF, Gratuity etc.... is made in the Balance Sheet.
Keep Smiling .... Hemant Agarwal
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