Legal Reference Library

In a blow to the booming software industry, a Chennai court has quashed the dismissal of a software engineer and ordered HCL to reinstate him with full salary, back wages and seniority on the ground that software engineers are workmen enjoying statutory protections. "It cannot be denied that the job of an engineer in a software company involves skills and technical knowledge. Therefore, it can be easily concluded that the job of a software engineer can be termed as skilled or technical one," said first additional labour court presiding officer S Nambirajan. The case relates to an application filled by K Ramesha, who worked as a senior service programmer for HCL Technologies Limited. He had been on probation for a year and his service was confirmed on February 26, 2010. His salary was received, and he was also given certificate of appreciation in the following years. Rejecting the company's objections, the judge said the software engineer was indeed a workman. Acco...

The Madras High Court has ruled that an employee removed from service due to conviction in a corruption case by the trial court is entitled for back wages if he wins his appeal in an appellate court. Besides if the employee wins the appeal on merit, he is entitled for continuity of service also, justices S Manikumar and C T Selvamof the Madurai bench said, dismissing a writ appeal by Executive Officer of Mamsapuram Panchayat against a single judge's 2013 order to reinstate an employee who was dismissed in 2008. The principle of "no work, no pay" cannot be applied in every case. Every employee reinstated in service on acquittal cannot be denied back wages and continuity of service. Once the conviction is set aside by an appellate court, the stigma is removed, the judges said. The employee should be restored to his original position as if he was not removed and continued to be in service all along, the Judges said. They disagreed with the Executive Officer's con...