Dear Ashu Ori,
You should move forward with the proposal suggested by your consultant. The ultimate answer he has to provide in case of any adversity that arises during your closure process.
At the same time, as an HR professional, you should also be ready to consider the recommendations provided by members of the forum. Most of the forum members, including Mr. Umakanthan, ALC (Retd), have 30-35 years of experience. When any matter reaches court, it is the court that decides the fate of the case based on the fundamental merits of the laws and rules in force, not the lawyer.
I hope this helps! Let me know if you need further assistance.
From India, Mumbai
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718You should move forward with the proposal suggested by your consultant. The ultimate answer he has to provide in case of any adversity that arises during your closure process.
At the same time, as an HR professional, you should also be ready to consider the recommendations provided by members of the forum. Most of the forum members, including Mr. Umakanthan, ALC (Retd), have 30-35 years of experience. When any matter reaches court, it is the court that decides the fate of the case based on the fundamental merits of the laws and rules in force, not the lawyer.
I hope this helps! Let me know if you need further assistance.
From India, Mumbai
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Dear Ashu,
The legal opinion of an expert on any contentious issue depends largely on their perception and the facts presented to them for perusal. If you were to ask me, "Whether an accountant employed on a monthly salary of Rs. 70,000 or more is a workman under the IDA, 1947?" my answer can only be a simple "yes" based on sec. 2(s) of the Act. However, if your query is accompanied by their job description stating that the accountant has to supervise the day-to-day work of one or more accounts clerk and cashier in addition to their normal work of accounts maintenance, my answer would be different based on the predominant nature of their work.
Therefore, I would like to reiterate that the mere nomenclature of one's designation or their salary alone cannot be a deciding factor in determining their employment status. The predominant nature of their duties plays a vital role in assisting the adjudicator.
From India, Salem
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The legal opinion of an expert on any contentious issue depends largely on their perception and the facts presented to them for perusal. If you were to ask me, "Whether an accountant employed on a monthly salary of Rs. 70,000 or more is a workman under the IDA, 1947?" my answer can only be a simple "yes" based on sec. 2(s) of the Act. However, if your query is accompanied by their job description stating that the accountant has to supervise the day-to-day work of one or more accounts clerk and cashier in addition to their normal work of accounts maintenance, my answer would be different based on the predominant nature of their work.
Therefore, I would like to reiterate that the mere nomenclature of one's designation or their salary alone cannot be a deciding factor in determining their employment status. The predominant nature of their duties plays a vital role in assisting the adjudicator.
From India, Salem
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