INDUSTRIAL DISPUTE INDUSTRIAL DISPUTE

Can u please provide me the notification that software companies comes under industrial dispute act 1947

Company is Running in Punjab and they say that Industrial dispute act does not apply to software companies on the basis of
1. Seelan Raj’s case and
2. Tata Consultancy Services v. State of Andhra Pradesh, Civil Appeal No. 2582 of 1998 decided on March 13, 2001,

-- Please do the needful

SUVAJIT GHOSH DASTIDAR

Responded 2 years ago

View All Answers
A.As per my view software companies does not come under the view of Industrial dispute and if u want detailed discussion then you must opt for a consultation.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar Retired Judge

Responded 2 years ago

View All Answers
A.Dear Sir,
You may consult personally with local advocate.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconLeave Travel Allowance on pro data basis in full and final settlement not paid .
Dear client, LTA can be claimed for travel fare or tickets within India only, expenses incurred for accommodation, or any other fee will not be eligible for exemption. An employee can produce his/her travel-related bills for the journey by air, train, bus, or any other mode of transport and save on taxable income. Generally, LTA for a year is payable in the succeeding year. For claiming LTA the employee has to undertake travel with his family members (No specific guideline is available in my opinion) and should provide proof for having spent the eligible amount for the purpose of travel (boarding and lodging not applicable). Normally companies pay the LTA amount eligible and upon the employees' return from LTA leave the supporting documents must be submitted. If the employee does not undertake any travel then the LTA amount is paid and is taxed at the hands of the employee. In the event of cessation from employment then the company usually pays the LTA amount eligible till the date of his leaving and the amount is taxed as per IT rules. However, if the employee fails to give the notice period and quits employment without serving the notice period or without paying the notice pay, companies adjust this amount towards the dues from the employee. You have not made any mention about the notice period or notice pay. If you have served the notice period and still the company is refusing to pay the LTA amount, then obviously it is very poor HR practice. In my opinion you can write to them pointing out to the amount if it was indicated in your offer of appointment, but as said by a member there are no specific rules relating to LTA.
question iconWeekly off or Continuous full month works
Dear Sir, No rules are applicable for many employees in many states as there are no labor courts which give punishment to the management/employer.
question iconLeaves - Karnataka Shops and establishment act
1. Cannot reduce but need not increase leave below 12 days. So any leave above 12 days can be cut from employee payment. 2. Such things are decided in the policy of the establishment if any. If there is no policy then it will have to be communicated to employee vide his employment agreement. You cannot decided terms on voluntary basis otherwise it will lead to unnecessary disputes with employees affecting the goodwill of the establishment in the long run. Thank you. If you have found this answer helpful than provide review and give ***** as appreciation.
question iconNotice period enquiry
Dear Sir, Private employers taking advantage of non existence of relevant labor laws. So you may take shelter under Section 12 of Industrial Disputes Act and approach office of Labor Commissioner. ===================================================== Section 12 in The Industrial Disputes Act, 1947 12. Duties of conciliation officers.- (1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner. (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute. (4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at. (5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor. (6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
question iconCompany requires me to complete 3 months notice period
To give opinion, it is necessary to scrutinize the terms, conditions, default clauses and penal clauses as specified in your Offer Letter and Joining letter to analyse the legal implications because those clauses have binding impact upon the Employer as well as Employee and any violation thereof may lead to litigation.