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software employee

(Querist) 22 April 2008 This query is : Resolved 
my query is whether an software employee with an basic pay of Rs 7000/- can approach labour court for redressal against his employer.
H. S. Thukral (Expert) 22 April 2008
The answer to your query is that a job which requires creativeness and imagination would not fall into clerical,manual,technical,skilled, semiskilled or operational and hence you can not be termed as workman under section 2(s) of the Industrial Disputes ACt. I am assuming that your job as a software engineer involves creativeness and imagination. However if you can bring your self by evidence of your duties in aforesaid six categories of jobs then you can approach Labour Court in case of termination of your services only.
rajkolkar (Querist) 24 April 2008
well satisfied with the previous question, but what if the employer after six months of probation doesnt issue confirmation letter as per the agreement to his employee. and after two months due some silly reason relieves six employees after having worked for 20 days of that particular month. Having accepted the relieving letter the employees after four days calls up to the employer for the 20 days salary. The employer ask them to meet them personally in their office, to their shock the employer denies to pay the salary for 20 days, and alleges them of sending some mail and also threatened of dire consequences. Now what action can be taken against the employer for having cheated his employees under different circumstances,
rajkolkar (Querist) 24 April 2008
i am very thank full to Mr Harbhajan Thukral for his reply to my query.
rajkolkar (Querist) 24 April 2008
i am very thank full to Mr Harbhajan Thukral for his reply to my query.
Manish Singh (Expert) 27 May 2008
You can file civil suit citing every situation with suport of proper evidence.
whether the expulsion was bonafide or not shall be judged by the court.

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