State Act

THE ASSAM INDUSTRIES ESTABLISHMENTS (CONFERMENT OF PERMANENT STATUS TO WORKMEN) ACT, 1985

This Act was repealed on a date we do not have by The Assam Repealing (No.I) Act, 2017 (Assam Act No. XIX of 2017) (named as the Act repealing it in the Assam Legislative Department's list of repealed Acts, alphabetical_repealed_act_final.pdf; the list gives no date); it may still apply to matters that began before then.

3. Conferment of permanent status to workmen.—(1) Notwithstanding anything contained in any law for the time being in force every workman who is in continuous service for a period of 180 days in a period of 12 (twelve) calender months in an industrial establishment shall be made permanent. (2) A workman shall be said to be in continuous service for a period if he is for that period, in uninterrupted service including service which may be interrupted on account of sickness or authorised leave or an accident or a strike, which is not illegal or a lockout, or on accout of non-employment or discharge of such workman for a period which does not exceed 45 days and during which period a substitute, has been employed in his place by the employer, or a cessation of work which is not due to any fault on the part of the workman. Explanation.—For the purposes of this section; the number of days on which a workman has worked in an industrial establishment include the days on which— (i) he has been laid off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946) or under any other law applicable to the industrial establishment ; (ii) he has been on leave with full wages, earned in the previous years; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv) in case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.