Dear Ashu Ori,
You should move with the proposal proposed by your consultant. The ultimate answer he has to provide in case of any adversity is caused during your closed down process.
At the same time, as a HR man you should also ready to note the recommendations provided by members of the forum.
Most of the members of the forum including Mr. Umakanthan, ALC(Retd) are of 30-35 years experience. When any matter goes to court, the court decides the fate of case but not the lawyer on basis of fundamental merits of laws & rules in force.

From India, Mumbai
Dear Ashu,
Legal opinion of an expert on any contentious issue depends largely on his perception and the facts presented to him for perusal.
If you just ask me " whether an accountant employed on a monthly salary of Rs.70000/= or more is a workman under the IDA,1947? ", my answer can only be a simple "yes" based on sec.2(s) of the Act; at the same time, if your query is accompanied by his job description stating that the accountant has to supervise the day-to-date works of one or more accounts clerk and cashier in addition to his normal work of accounts maintenance, my answer would be different based on the predominant nature of his work.
Therefore, I would like to reiterate that mere nomenclature of one's designation or his salary alone cannot be a deciding factor in determining his employment status and the predominant nature of his duties plays a vital role in assisting the adjudicator.

From India, Salem

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