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can i fight case in court

Page no : 2

Anil Agrawal (Retired)     06 November 2009

 There is no exemption to any company from PF.

Anil Agrawal (Retired)     06 November 2009

DRT is meant for recovery of loans granted by banks; not for you.

nilesh (Pre Sales Engg)     06 November 2009

If that be the case, I wonder how can CMMI Level 5 co, registered with NASSCOM, submitting his PnL to RC, having 250+ resources can not come in eyes of any of the Government organization whether it be PF / IT / RC / Labour ... or any other concerned authority!!!


nilesh (Pre Sales Engg)     06 November 2009

 Pension Scheme

  • Employer can avail exemption for the establishment as a whole, with the consent of majority of employees, if an alternative pension scheme is formulated by the establishment with benefits either on par with or superior to the EPS ’95 and subject to certification of the viability and long   sustenance of the scheme by an independent qualified actuary and satisfying the other conditions prescribed governing the grant of exemptions.
  • There is no provision for exemption of individuals or for class of employees.

This extract is from the EPF site.... It says there is an exempt .... bit confusing .... 


Since your company is an IT company, Industrial disputes act in unlikely to be attracted and therefore it would be difficult to pursue remedies from the authorities under ID act.  Bresides even if ID act is applicable, you may not be a workman within the meaning of ID act and therefore relief from authorities under the ID act would be ruled out in your case.

According to me IT companies are covered by the "Bombay Shops and Establishments Act" which has authorities from whom you can claim relief.  In an identical case I was successsful in getting relief from the employer by threatening them that I would take up the issues with the authorities under the said act.  Of course the company concerned was a foreign company and may have wanted to avoid litigation.

Therefore according to me you have two options. Pursuing with the authorities and Bombay Shops & Establishment Act of file civil suit for recovery of money. Civil suit will involve court fees.  Besides if the amount involved is more than Rs.50,000/- you will be required to file the suit on the original side of the Bombay High Court where the suits are pending trial for more than 20 years, even for commencment of the trial.

1 Like

nilesh (Pre Sales Engg)     06 November 2009

Looking at this description, my fizz of getting justice has been subdued.  20 yrs .... !!!! Is not there a more better / quicker way ?

Can we make NASSCOM aware about this?

Anil Agrawal (Retired)     07 November 2009

 Who prevents you from complaining to whomsoever you can? You seem to be afraid to strike lest the fellow is wounded. What prevent you from complaining? Court matter can go on side by side.

ranjan (software engineer)     08 November 2009

Mr. Anil kumar Menon

                 where u found that industrial dispute act is not applicable to the I.T. industries. As for the defintion under I.D Act is concerned it clear says 'any industry' and there is no separate laws defined for I.T. industry  as it is also a type of industry. As far as the definition of the workman, yes it depends upon the nature of work of the employee and this fact is applicable to all the industries and same with the I.T industry 

ranjan (software engineer)     08 November 2009

Hi Nilesh

          From the above discussion it is not clear that what was the nature of work u was doing so i don't know whether u come under definition of workman under I.D Act.  if u let me know this then i can tell u whether u come under definition of workman or not. please note salary or designation is not the criteria for deciding whether a person is a workman or not. if u come under definition of workaman then don't worry u will definitely get justice in labour court and also u don't have to pay any big Fee for filing case also don't have to wait very long like in civil courts.

nilesh (Pre Sales Engg)     09 November 2009

Rajan:  I started my work  in that co as a Software Developer, where work includes coding. 

    Let me know how can i go to labour court.

Anil: I am not afraid. I just wanted to see that i am fully aware about what i am doing, its pros n cons.... My previous Employer has engulfed many people money, no one stood against him... if i would have been afraid, i would have not persuade him for 10 months, send him Adovcate notice and should not have been thinking to take him to court ... 

i am just taking this time to make my self more acquainted with the things / laws etc ... and i am definitely  looking Professional who can guide me throughout.


Ranjan - If you read my answer carefully, you will note that I was not categorical. I had only expressed a doubt.

In Maharashtra The Bombay Industrial Relations Act 1946 is a state enactment dealing with Industrial disputes. Hence BIR act would be applicable to IT industries in the state.

As per S.No. 476 of Schedule II of Bombay Shops & Establishments Act 1948, software & IT establishments in Maharashtra state are exempt from S.13,14,15,18 of Bombay Shops & Establishment Act.  From this I inferred Shops & Establishment Act 1948 is applicable to IT industries in the State.

Secondly Government of Maharashtra circular no. BIR/3969/15699-lab-1 dated 26th November 1971 issued under BIR act exempts industry carried on in any establishment as defined in "Bombay Shops and Establishment Act 1948" from the provisions of BIR act which deals with Industrial disputes in the State.  From this I deduced ID act is not aplicable to IT industries in Maharashtra. Please note querist is from Maharashtra Bombay.

So far as Punjab & Karnataka Governments are concerned they had included IT industry as a public utility service under the ID act in its application to their states.

K. Rajendra Prakash (Advocate)     09 November 2009

You can contest your case if you are well-versed with the court proceedings.  Otherwise, better  engage an Advocate.

ranjan (software engineer)     09 November 2009

Hi Nilesh u started as a software developer fine but later whether u was leading any team, i mean u had employees working under u. and also whether u had any leave sanctioning power to any of the employee in the team?. Also u had any kind of cheque signing authority on behalf of the employer?. Also whether u had any kind of power for recommending candidates in recritment etc.,.

nilesh (Pre Sales Engg)     10 November 2009


1. I was leading couple of teams

2. I never had leave sanctioning power

3. I was never authority for cheque signing .. or any other power. 

    This co was managed by single person and nobody in the co was Empowered beyond a point, forget about cheque signing .... 

How does it related to my case!!!

ranjan (software engineer)     10 November 2009

Hi Nilesh

        From the above answers it seems chances are quiet Ok but i would like to know more information than this. Please understand in court it is very important, how u present ur case right from drafting petition. I will guide u, if u want to pursue this matter, i suggest u to call me on my mobile as proper guidance thr' this way  is very difficult.  

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