Tamil Nadu Government Gazette, No. 34, Part II, Section 2, 19 August 2020
The Government of Tamil Nadu Labour and Employment Department published four notifications under G.O. (D) No. 347 dated 27 July 2020, G.O. (D) No. 341 dated 18 July 2020, G.O. (D) No. 233 dated 6 May 2020 and G.O. (D) No. 339 dated 18 July 2020. They grant a temporary Employees State Insurance exemption to employees of Tamil Nadu Cements Corporation Limited at Ariyalur and refer three employment disputes for adjudication.
What the Gazette governs
The Government of Tamil Nadu Labour and Employment Department notifications concern employee insurance and industrial disputes. They do not change land ownership, land use, planning permission or property registration requirements.
The notifications directly affect the named employers, employees, trade unions, the Employees State Insurance authorities and the courts or tribunal asked to decide the disputes.
Employees State Insurance exemption
G.O. (D) No. 347, Labour and Employment (L1) Department, dated 27 July 2020 exempts employees of Tamil Nadu Cements Corporation Limited, Ariyalur, from the Employees State Insurance Act for one year, from 1 February 2020 to 31 January 2021.
Key conditions include:
- The management must keep a register containing the names and designations of exempted employees.
- Employees retain benefits earned through contributions paid before the exemption began.
- Contributions already paid for the exempted period will not be refunded.
- The employer must submit returns due for periods when the Act applied.
- Authorised Social Security Officers may request information, enter management premises at a reasonable time, inspect employment and wage records, question relevant persons and copy or extract records.
Industrial dispute referrals
G.O. (D) No. 341, Labour and Employment (A2) Department, dated 18 July 2020 refers a dispute involving Sowel India Private Limited, Hwasin Automotive India Private Limited and the Kancheepuram General Workers Union to the Industrial Tribunal, Chennai. The dispute concerns demands for reemployment and monetary benefits after production machinery was taken back and work was lost. The tribunal is requested to give its decision within three months after receiving the reference.
G.O. (D) No. 233, Labour and Employment (B2) Department, dated 6 May 2020 concerns Tamil Nadu State Transport Corporation (Madurai) Limited and the Government Transport Madurai Workers Union, CITU. The issue challenges disciplinary action against conductor S. Vijayaraghavan, including withholding an annual increment for two years and treating a suspension period as leave without pay.
G.O. (D) No. 339, Labour and Employment (A2) Department, dated 18 July 2020 refers claims involving Mercury Precision Products Private Limited at Mappedu village, Tiruvallur district, to the Labour Court, Chennai. The claims concern an alleged closure without prior notice or permission, worker relief, regularisation of listed workers and equal wages.
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Common questions
Does this Gazette notification affect my land or property in Tamil Nadu?
No land, planning, ownership or registration matter is covered. The notifications deal with employee insurance and named industrial disputes.
How long were Tamil Nadu Cements Corporation Limited employees exempt from Employees State Insurance?
The exemption applied for one year, from 1 February 2020 to 31 January 2021, subject to the listed conditions.
Will Employees State Insurance contributions already paid for the exemption period be refunded?
No. G.O. (D) No. 347 states that contributions already paid for the exempted period will not be refunded.
Does the Gazette decide the disputes involving the named companies and workers?
No. It refers the disputes to an Industrial Tribunal or Labour Court for adjudication. The relevant adjudicating bodies are requested to decide within three months after receiving the references.
