(1) Whenever a landowner dismisses a pannaiyal he shall, within fifteen days from the date of such dismissal, make a report thereof in writing to the Conciliation Officer having jurisdiction over the area.
(2) The Conciliation Officer may, on receipt of such report from the landowner, or of any complaint from the pannaiyal who has been dismissed, call upon the landowner and the pannaiyal concerned to appear before him in person or by agent and to represent their respective cases.
(3) After considering the representation, if any so made, and after making such further inquiry into the case as he may deem fit, the Conciliation Officer may, if he finds that the dismissal of the pannaiyal was not just and proper, by an award in writing, require the landowner to take back the pannaiyal and reinstate him in all the rights which would have accrued to him but for his dismissal.
(4) If the landowner fails to comply with the award of the Conciliation Officer under sub-section (3), the Revenue Court may, on receipt of intimation of such failure, after such enquiry as it considers necessary, direct the landowner to pay the pannaiyal such compensation as may be fixed by it without detriment to the rights accruing to pannaiyal under sub-section (3).
(5) If the landowner fails to pay the compensation so fixed to the pannaiyal, the Revenue Court may, on application by pannaiyal, direct that it be recovered as if it were an arrear of land revenue and paid over to the pannaiyal.
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(6) Any landowner or pannaiyal may terminate the engagement by giving notice of not less than 12 months ending with the expiry of the next agricultural year, or by mutual agreement, provided that where the landowner terminates the engagement under this sub-section, he shall be liable to pay to the pannaiyal, grain or money equivalent to six months wages or such amounts as may be mutually agreed upon.
1 [8-A. Special privileges for member of Armed Forces. – (1) Any pannaiyal enrolled as a member of the Armed Forces, on discharge or retirement from service, or on being sent to Reserve may make an application to the Conciliation Officer within such period as may be prescribed by rules made in this behalf for reinstating him as a pannaiyal with all the rights enjoyed by him immediately before his enrolment as a member of the Armed Forces.
(2) The Conciliation Officer shall, on receipt of an application under subsection (1), call upon the landowner and the pannaiyal concerned to appear before him in person or by agent to represent their respective cases.
(3) After considering the representations, if any, so made and after making such further inquiry into the case as he may deem fit, the Conciliation Officer may, ---
(a) if he is satisfied having regard to ----
(i) the reduction, if any, in the extent of the farm after the date of the enrolment;
(ii) the nature of the agricultural operations carried on in respect of that farm after the date of the application; and
(iii) such other matters as may be prescribed by rules made in this behalf;
that it will not be just and proper to require the landowner to reinstate the pannaiyal, he may pass an order in this behalf; or
(b) by an award in writing, require the landowner to take back the pannaiyal and reinstate him with all the rights enjoyed by him immediately before his enrolement as a member of the Armed Forces:
Provided that any award for reinstating any pannaiyal under this section shall, in respect of any farm where there are standing crops on the date of such award, take effect immediately after the harvest of such crops.
1. Ins. by Act 6 of 1971, section 2, w.e.f. 27-2-1971.
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(4) The provisions of sub-sections (4) and (5) of section 8 shall, as far as may be, apply in relation to an award under clause (b) of sub-section (3) as they apply in relation to an award under sub-section (3) of section 8.
(5) Where a member of the Armed Forces dies while in service, the special privileges conferred by this section on such member shall be available to the widow of such member, or any person dependent upon such member immediately before his death.
(6) If a question arises whether any person is a member of the Armed Forces or not, such question shall be decided by the Government and the decision of the Government thereon shall be final.
Explanation. -- In this section “member of the Armed Forces” means a person in the service of the Air Force, Army or Navy of the Union of India and includes a seaman].