Dear Sanchi Sudha,
There is a State Labour Legislation in Tamilnadu styled as " The Tamilnadu Industrial Establishments ( Conferment of Permanent Status to Employees ) Act,1981 " which mandates that every employee who has completed 480 days of continuous employment in an industrial establishment in a period of 24 calendar months shall be made permanent. Even that Act does not define what permanent status is; but just stipulates the condition for it and explains the conditional requirement in terms of the number of days the employee worked within the strech of time-frame prescribed, that's all. Only in Government Service relating to the discharge of its inalienable sovereign functions posts are classified as temporary and permanent and the question of cofirmation arises when a Govt.servant gets a lien to a permanent post only. In the matter of employment in industrial enterprises, there is no necessity for such a classification of posts rather than employees for the reason the scale of operations precisely determines the requirement of the number of people. The scale of operation is actually predetermined by the top Management / Employer of the industrial enterprise. After all, employment is a contract of service between two unequal parties viz., the employer and the employee. As such the mighty employer can exploit the poor employee by keeping him temporarily on a permanent nature of work for years together. That's why Law does not make any distinction between a permanent employee and temporary employee in respect of service conditions such as leave, wages, terminal benefits etc. It is actually the length of service and not the nature of appointment that entitles an employee for leave benefits available under any Labour Law applicable to his establishment.
There is a State Labour Legislation in Tamilnadu styled as " The Tamilnadu Industrial Establishments ( Conferment of Permanent Status to Employees ) Act,1981 " which mandates that every employee who has completed 480 days of continuous employment in an industrial establishment in a period of 24 calendar months shall be made permanent. Even that Act does not define what permanent status is; but just stipulates the condition for it and explains the conditional requirement in terms of the number of days the employee worked within the strech of time-frame prescribed, that's all. Only in Government Service relating to the discharge of its inalienable sovereign functions posts are classified as temporary and permanent and the question of cofirmation arises when a Govt.servant gets a lien to a permanent post only. In the matter of employment in industrial enterprises, there is no necessity for such a classification of posts rather than employees for the reason the scale of operations precisely determines the requirement of the number of people. The scale of operation is actually predetermined by the top Management / Employer of the industrial enterprise. After all, employment is a contract of service between two unequal parties viz., the employer and the employee. As such the mighty employer can exploit the poor employee by keeping him temporarily on a permanent nature of work for years together. That's why Law does not make any distinction between a permanent employee and temporary employee in respect of service conditions such as leave, wages, terminal benefits etc. It is actually the length of service and not the nature of appointment that entitles an employee for leave benefits available under any Labour Law applicable to his establishment.