Umakanthan53
Labour Law & Hr Consultant
Chiyaan Aruli
Assistant Hr Manager
Srinath Sai Ram
Hr Manager
Suresh2511
Labour Consultant

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Dear sir/madam, In one of our unit of automobile sales and service, Tamil Nadu
We are covered under factories act and maintaining all form and procedures as per factories act.
But today received a post that we need to maintain all the labor forms as the showroom is covered and shops and establishment act.
Note-
1.the showroom and service is in same compound.
2. In the Factory approval blue print Showroom is also covered
Seniors and colleagues pls give me your clarity and views.
Thank you
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Dear Aruli,
This is a common situation of overlapping jurisdiction of two separate labor laws. Once the Factories Act, 1948 becomes applicable to a premise including the precincts thereof, automatically any other establishment specific law like the Shops and Establishments Act would not become applicable. I think there must be some communication gap and the Inspector under the TNS&E Act might not have been properly intimated the fact of the entire premises including the Show Room Area got already approved under the Factories Act as a factory and there may be the failure on your part to maintain all the registers and notices in respect of those employees engaged for sales activities under any Act.
In view of the above facts, your single premises covering both sales and service of the products of your merchandise will not come under the TNS&E Act, 1947.
Better inform the concerned Inspector under the TNS&E Act the fact of the entire premises already covered under the Factories Act, 1948.
Dear Aruli, you can share Photo Copy of "Factory Plan" as proof with concerned inspector.
Any office / showroom attached to factory is covered under the Factories Act, 1948.
Pls check whether you have considered showroom employees as total manpower while paying the license fees or not.
Suresh
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