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Dinesh Divekar
7855

Dear friends,
Labour Court from Chennai has given a landmark ruling. It has covered provisions of Industrial Dispute Act, 1947 to the software engineer who was working in supervisory capacity. To read the complete news report, click the following link:
Chennai court orders HCL to reinstate sacked employee | Business Standard News
Forwarded for info.
Dinesh Divekar

From India, Bangalore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Dmc123
Associate Director Legal
Nathrao
Insolvency N Gst Professional
Sambtmir
Management Consultant - H. R

sambtmir
3

Request discussion as to whether this decision will adversely impact " hire and Fire" policy followed by IT industries and consequently its competitiveness from performance point of view, but will ensure job security of the employees in the IT industries In fine will this decision be good or bad for the IT Industries ?. It is reported also that the Indusrtiy is contemp-lating to move to the higher court against this decision. ..
From India, Calcutta
nathrao
3131

If an industry can maintain "competitive" standards only by Hire and fire,then something is wrong.
While it should be like Government or PSU job where it is totally safe,there should not be insecurity also.
Insecurity causes its own set of problems.

From India, Pune
nathrao
3131

""While it should be like Government or PSU"" Amend to read as ""while it should not be like Government or PSU.
From India, Pune
dmc123
62

Dear Mr. Dinesh,
Just being an IT co. does not exempt it from the provisions of law. Unless specific exemption for the co is granted by the Govt wherein it is exempt from labour laws, which is rare actually, all labour laws are applicable to the IT co. also, because it is conducting an industry, therefore ID Act too would apply and in case of dismissal, terminations too, the Hon. Court will examine if the concerned employee fits in the definition of workman as per section 2(s) of IDA consequently the action if based on misconduct will be weighed in terms of proportionality of punishment. So, there is no such thing as hire and fire policy if the concerned employee is doing manual, technical, clerical duty not involving major decision making or granting or rrecommending leaves, then he could be a workman. In that case any termination has to be preceded by a domestic enquiry if it is for a misconduct, otherwise it shall be termed illegal and quashed.

From India, Pune
Dinesh Divekar
7855

Dear Dmc123,
Yes, all the industries should be covered under all the labour laws. However, as far as state of Karnataka is concerned, Govt of Karnataka has exempted IT/BPO sector from Industrial Standing Orders Act. This was against the recommendation of Dept of Labour.
Thanks,
Dinesh Divekar

From India, Bangalore
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