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Lawfully yours: By Retd Justice K Chandru
Your legal questions answeredby Justice K Chandru, former Judge of the Madras High Court. Do you have a question? Email us at email@example.com
IT sector not above labour laws
Are the labour laws applicable to the IT sector? If yes, which aspects of the law are relevant to it?
—Radhakrishnan S (via email)
The IT sector is not exempted from any labour law. May be individual institutions would have got an exemption from some specific provisions like working time, night shift for women etc. Other than those exemptions, all the laws which are applicable to them can be enforced. If any IT professional is terminated without just cause, they can raise an industrial dispute and go for adjudication before a labour court. Likewise, any money due from the employer can be claimed from the same labour court under Section 33-C(2) of the Industrial Disputes Act. Recently, the Chennai Labour Court ruled that an IT professional is also a workman under the Industrial Disputes Act and is eligible to get all the benefits.
Confusing CRZ regulations to blame for beach encroachment
Despite all the CRZ rules, many rich people have built huge mansions and blocked access to the beach across many stretches of ECR. Aren’t beaches public property? I would like to start a ‘free the beaches’ campaign down the coast of ECR. Will the wealthy and influential people be able to stop me?
—An environmentalist & nature lover (via email)
The beaches are public property and no one can stop your campaign from freeing the beaches from encroachment. As it always happens, the vested interests can put spokes in your campaign which nobody can stop. The main problem is that the central government keeps changing the goalpost from time to time in determining as to what is the distance of the Coastal Regulation Zone (CRZ). The result is the entire eastern side of the ECR is full of concrete jungles. Best of luck!
DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns