Labour Laws

Rakesh Kumar (Querist) 30 January 2009 This query is : Resolved
Dear All,

Is there any case pending or decided by Supreme Court on the question whether software firm falls under purview of factory.

Please give me citation or judgement.

Regards

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PALNITKAR V.V. (Expert) 09 February 2009
To my knowledge there is no SC Judgment on the point. The case of Seelan Raj Vs.Presiding officer Labour Court Chennai reported in 2001[4]SCC634 was referred to a larger bench. But it seems that the matter was settled and disposed off in Aug.2008. However, in the case of Tata Consultancy Vs.State of Andhara pradesh, question involved was whether software comes within definition of Goods. it was held that it comes within definition of Goods. Thus, if the definitions of Factory and Manufacturing process are considered, the software company should be treated as Factory.

Rakesh Kumar (Querist) 16 February 2009
Dear Sir,

Thank you.What i got information as such that these cases as referred by you are still pending in SC.

Hiralal Das (Expert) 08 April 2009
Thanks all of you.

PALNITKAR V.V. (Expert) 27 June 2009
SUPREME COURT OF INDIA
Case Status Status : DISPOSED

Status of : Appeal Civil 1300 -1301 OF 1998

SEELAN RAJ & ORS .Vs. P.O.,IST ADDL.LABOUR COURT,CHENNAI &ORS.

Res. Adv. : MR. A.T.M. SAMPATH

Subject Category : LABOUR MATTERS - DISMISSAL

Date of Disposal : 24/08/2005

Last updated on Jun 27 2009 Click Here for Latest Order

Click here for Archive Orders
This I have copied from the SC site. Anyone interested in checking may go the SC site, browse the case status and get the information. I think Mr. Rakesh Kumar did not personally check the information.

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