Software is certainly a 'good' with all characteristics of an item of trade. Though I do not have last verdict on the issue, there is no reason to exclude software companies employing 100 or more employees from the ambit of Chapter V B of the ID Act.
Regards,
Madhu.T.K
From India, Kannur
3891Regards,
Madhu.T.K
From India, Kannur
Dear Ms Priyanka,
i also agree with Mr. Madhu, as per factory Act def there is a process of "alteration". but for registration propose as per the Act it comes under Shops & Estb only and even the ID act is applcable, bcoz there is a employe - employer relationship for the purpose of Bussiness.
So dont get confused.
regards,
Ramnath
From India, Bangalore
i also agree with Mr. Madhu, as per factory Act def there is a process of "alteration". but for registration propose as per the Act it comes under Shops & Estb only and even the ID act is applcable, bcoz there is a employe - employer relationship for the purpose of Bussiness.
So dont get confused.
regards,
Ramnath
From India, Bangalore
Hi Priyanka
As Mr. Madhu said I.T defiantly an industry, as there is employer and employee relation, for any disputes you can take the shelter of the I.D. Act. I.T, It is an establishment , as there is no manufacturing process involved and hence does't fall under factories Act, hence it is covered under Shops and Establishment Act of your respective state where the business is done.
Mohan Rao
Manager HR
From India, Visakhapatnam
As Mr. Madhu said I.T defiantly an industry, as there is employer and employee relation, for any disputes you can take the shelter of the I.D. Act. I.T, It is an establishment , as there is no manufacturing process involved and hence does't fall under factories Act, hence it is covered under Shops and Establishment Act of your respective state where the business is done.
Mohan Rao
Manager HR
From India, Visakhapatnam
our company is in engineering consultancy no manufacturing only we deal in ppg designing&detail engg. it falls under which act either industry or factory?
From India, Pune
From India, Pune
Dear All
Please see Chapter V B of the Industrial Disputes Act and the sections contained therein.
According to section 25K, Chapter V B of the Industrial Disputes Act is applicable to industrial establishments,excepting seasonal establishments and establishments in which work is performed intermittently, in which not less than 100 workmen were employed. The term "industrial establishments" is defined section 25 L of the Industrial Disputes Act which is contained in Chapter V B itself. Section 25 l(a) says that the term "industrial establishment" means (i) a factory as defined under the Factories Act, (ii)a mine as defined under the Mines Act, and (iii) a plantation as defined under the Plantation Labour Act. The question is whether Chapter V B of the Industrial Disputes Act is applicable to software industries. Soft ware industries are neither mines nor plantations. In several States, and especially in Tamilnadu software industries are not regarded as factories as defined under the Factories Act and are regarded as Establishments as defined under the respective Shops and Establishments. Therefore as software industries are neither factories nor mines, not plantation, chapter V B of the Industrial Disputes Act is not applicable to them.
With regards
From India, Madras
Please see Chapter V B of the Industrial Disputes Act and the sections contained therein.
According to section 25K, Chapter V B of the Industrial Disputes Act is applicable to industrial establishments,excepting seasonal establishments and establishments in which work is performed intermittently, in which not less than 100 workmen were employed. The term "industrial establishments" is defined section 25 L of the Industrial Disputes Act which is contained in Chapter V B itself. Section 25 l(a) says that the term "industrial establishment" means (i) a factory as defined under the Factories Act, (ii)a mine as defined under the Mines Act, and (iii) a plantation as defined under the Plantation Labour Act. The question is whether Chapter V B of the Industrial Disputes Act is applicable to software industries. Soft ware industries are neither mines nor plantations. In several States, and especially in Tamilnadu software industries are not regarded as factories as defined under the Factories Act and are regarded as Establishments as defined under the respective Shops and Establishments. Therefore as software industries are neither factories nor mines, not plantation, chapter V B of the Industrial Disputes Act is not applicable to them.
With regards
From India, Madras
Good debate and shall be elaborated more. Hon'ble judges also get confused while concluding judgment on IT industry and software engineer and shifted ball towards appropriate government to decide.
In this connection definition of "Industry" Section 2 (j)
and "Workman" 2 (s) need to be evaluated and interpreted well. As far as contents of the definition is concern; IT would be an industry and software engineer shall also come under the preview of "workman" subject to the nature of job he/she is performing. Matter could be pleaded well before conciliation and labour court by following legalities of the statute.
Regards,
Gajendra Harishanker
From India
In this connection definition of "Industry" Section 2 (j)
and "Workman" 2 (s) need to be evaluated and interpreted well. As far as contents of the definition is concern; IT would be an industry and software engineer shall also come under the preview of "workman" subject to the nature of job he/she is performing. Matter could be pleaded well before conciliation and labour court by following legalities of the statute.
Regards,
Gajendra Harishanker
From India
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