Judgement copy - it techie as workman
AKS
(Querist) 22 October 2016
This query is : Resolved
The Labour Court in Chennai has passed a judgment, which can set a precedent for many such cases in future. It has termed a ‘techie’ working with the software company, HCL, as a ‘workman’. This will bring the employees of software companies under the ID (Industrial Dispute) Act.
http://www.hrkatha.com/news/685-sacked-techie-wins-lawsuit-against-hcl
I tried to find judgement online with no success.
I would like to know how to get copy of this judgement as I am not resident of Chennai ?
If anyone can help me for the same will be great help.
Kumar Doab
(Expert) 23 October 2016
Apply under RTI.
The IT/ITeS employees union in Tamilnadu, your own counsel can also help you.
Rajendra K Goyal
(Expert) 23 October 2016
Proceed as advised by the expert kumar Doab.
DR.VEDULA GOPINATH
(Expert) 24 October 2016
dear learned colleagues
It is a settled law that by mere salary of an employee is not a deciding matter to be termed as WORKMAN under I.D. Act.
Even Apex Court has made it clear that even a supervisor (by designation) irrespective of the salary is a workman. One such historical case was venugopal vs coromandel ferts. ltd.(citation to be referred).
Basing on the spirit of the apex court judgment, the present HCL case was delivered.
Anyway the present case helps the IT guys who are subjected to HIRE AND FIRE.
Dr Vedula Gopinath advocate/arbitrator
Rajendra K Goyal
(Expert) 24 October 2016
Otherwise, decision from Apex court, High Courts, Tribunals are precedent, not of court at initial stage.
Kumar Doab
(Expert) 24 October 2016
The trial court tries and decide the 'Employee' is covered or not!
The decision can be referred to take light from it.
So get a copy.
Kumar Doab
(Expert) 24 October 2016
Respected Dr Vedula Gopinath,
Sir,
Andhra High Court
Coromandal Fertilizers Ltd. vs P. Venugopal And Ors. on 5 May, 1985
https://indiankanoon.org/doc/63515/
could be accessed.
The decision by apex court in case of ; venugopal vs coromandel ferts. ltd, could not be accessed.
Kindly provide the link to it and also in case of HCL.
AKS
(Querist) 26 November 2016
Dear Experts,
I need Honest and skilled labour lawyer in Mumbai urgently to take care my case.
Kindly help.
Kumar Doab
(Expert) 26 November 2016
I have sent you by PM name of senior counsel.
He may agree to help you.
AKS
(Querist) 26 November 2016
Dear Kumar,
I am looking for Mumbai location.
Kumar Doab
(Expert) 26 November 2016
Dear AKS,
He can help you.
AKS
(Querist) 27 November 2016
Dear Kumar,
do you have his contact details ?
AKS
(Querist) 27 November 2016
i already did that. Not sure when he will reply...
AKS
(Querist) 27 November 2016
By the way kumar,
do you have more examples with respect to illegal termination related cases in software development industries ?
Kumar Doab
(Expert) 27 November 2016
There are many.
IT/ITeS employee's unions/Trade unions and counsels specializing in Labor/Service matters can provide you with suitable citations as per need of your case.
Show all docs on record to your able counsel.
Rajendra K Goyal
(Expert) 27 November 2016
Do not know what do you mean by Honest and skilled labour lawyer in Mumbai. What are criteria of your judgement.
Please try at your end.
Kumar Doab
(Expert) 28 November 2016
He shall reply when has time to reply.
Your expectations of skill, honesty from your counsel is reasonable.
It is bare minimum a client would expect from his/her counsel in a addition to good and cultured conduct.
As hinted by Mr. Goyal also avoid the rude,rowdy,abusive and the persons loitering many online portals and pretending as experts just to fleece the unsuspecting clients.
You can check from our own sources and your own efforts.
AKS
(Querist) 29 November 2016
Dear Kumar,
We had very healthy communication with the sense. Let us avoid Mr. Goyal between our interaction as I do not encourage rude/rowdy/abusive language & attitude.
Thanks!
