Ankush Gujarathi
in Labour Law Constitutional Law
Asked May 11, 2017

Labour law and privacy issues

  • 2 Answers
  • 401 Views

1) Is it legal too record telephonic conversation for legal purpose without consent of other person. is it useful in court as proof. 2) is ID act applicable to Engineering firms with 500-1000 engineer.3)can a WORKMAN be retrenched w/o following ID act and only following employment term. Without giving any reason for selection for retrenchment.

Answers 2

1) It is legal, such recording can be used in the Court.

2) It is applicable to workers not Engineers. Workman is defined in the ID Act.

3) Sometimes yes, remedy is to approach the Tribunal/High Court.

Agree Comment 0 Agrees over 4 years ago

As per Indian laws, recording (not tapping) of telephonic conversation is accepted as evidence irrespective of the means of such recording. If the conversation is voluntary and there is no compulsion, the attaching of the tape recording instrument, though unknown to the person whose conversation is recorded, does not render the evidence of conversation inadmissible. The conversation cannot be said to have been extracted under duress or compulsion. This has been expressly observed in A.R.Periyasamy v. G.Karunakaran[1].

According to the ID Act (Industrial Disputes Act), workman includes any person employed in any industry to do any technical work but does not include any such person who is employed mainly in a managerial or administrative capacity. Thus engineers, excluding those in managerial and administrative posts, are covered under the ID Act. [S. 2(s) of the ID Act[2]]

Retrenchment is usually based on the terms of agreement and the ID act is applicable in the absence of any such agreement between the employer and the employee [S. 25G of the ID Act[3]].

 

 
[1] A.R.Periyasamy v. G.Karunakaran, C.R.P.(PD).No.4 of 2008.

[2] Available at: https://indiankanoon.org/doc/1418464/.

[3] Available at: https://indiankanoon.org/doc/41851/.

Agree Comment 0 Agrees over 4 years ago

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