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...

Federal Labor Court, decision dated February 10, 2015 – 9 AZR 455/13 Facts of the case The employee was employed since more than 20 years. The employer terminated the employment with immediate effect and additionally gave statutory notice of termination under due respect of the applicable notice period in case the dismissal with immediate effect may be invalid. Furthermore the letter of termination said: “In case that only the statutory notice of termination is effective, you are released from your duty to work with immediate effect, taking into account all leave and overtime claims.” The parties reached a settlement ending the employment 5 weeks after notice was given. Although this period would have sufficed to grant the entire leave, the employee claimed compensation for the leave. The Federal Labor Court sided with the plaintiff. The decision According to precedents set by the Federal Labor Court, it was possible so far to grant any remaining days of leave by releasing the empl...

Civil Procedure Code, 1908 — Or. 8 R. 6-A, Or. 2 R. 2 and S. 2(2) — Order of dismissal of counterclaim when constitutes decree: Counterclaim when conclusively adjudicated on merits and dismissed by order of court, finality is attached in respect of rights of defendant, such order of dismissal gets status of decree. Order of dismissal of counterclaim on ground of being barred under Or. 2 R. 2 amounts to decree. (2015) 2 SCC 682 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6862 OF 2014 [Arising out of S.L.P. (C) No. 6757 of 2012) Rajni Rani & Anr. ... Appellants Versus Khairati Lal & Ors. ...Respondents October 14, 2014

2015 STPL(Web) 216 SC SUPREME COURT OF INDIA (ANIL R. DAVE AND KURIAN JOSEPH, JJ.) VIPULBHAI M. CHAUDHARY Appellants VERSUS GUJARAT COOPERATIVE MILK MARKETING FEDERATION LIMITED AND OTHERS Respondents The Supreme Court today laid down a slew of guidelines on removal of an office bearer in a cooperative society including that a motion of no confidence against a person "shall" be moved only after two years of his assuming the office. The guidelines were issued in a verdict by which the apex court dismissed an appeal of Vipulbhai M Chaudhary, former chairman of the Gujarat Cooperative Milk Marketing Federation that markets its products under the Amul brand, against his ouster from the office following the passage of no confidence motion in the society. The bench comprising Justices A R Dave and Kurian Joseph upheld the decision of the Gujarat High Court and issued guidelines to regulate removal of elected members from cooperative societies as the states h...