Section 2   [ View Judgements ]

Insertion of new Section 41-A.

After Section 41 of the Tamil Nadu Shops and Establishments Act, 1947 (T.N. Act XXXVI of 1947) (hereinafter referred to as the principal Act), the following Section shall be inserted, namely:—

"41-A. Payment of full wages to person employed pending proceedings in Higher courts.— Where in 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:

Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such person employed had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this Section for such period or part, as the case may be.".

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