Industrial Relations And Labour Laws
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Dear Seniors
I need one suggetion from you in one IR issue.
Some of our workmen arround 60 to 70 persons were promoted as officers and also they are enjoing DA benifit like workmen.
Recently they have participate in agitation for few days againist to the Mgt. for their benifits which they have brough to the notice of Hr for more then (03) three months later. they did attended duties and stand infront of maingate.
My querry is whether we can take action againist to them or not!
Please share your valuable suggestion to me at the eralist.

From India, Visakhapatnam
Just by promoting the workers they will not cease to be workers. If nobody is reporting to an officer he is a worker by function even if you have given some fancy designation like Officer, Supervisor or Manager. Moreover, there is no illegality if officers form a Union. Section 2(g) of the Trade Union Act, 1926 defines workmen as all persons employed and as such there is no bar on Officers/ supervisors or even Managers to form a Trade Union. In Government Tool Room and Training Centres Supervisory and Officers’ Association, Bangalore Vs Asst. Labour Commissioner & Deputy Registrar of Trade Unions, Bangalore [(2002) 2 LLJ 339 (Kar)], it was held that any group of employees irrespective of whether they are ‘workmen’ under Industrial Disputes Act or not can be registered as a trade union under Trade Union Act.

In the present case, it is just a manifestation of their demands that happened. However, if they have carried out a strike, without following the mandatory requirements like 14 days notice as per section 22 (1) of the I D Act, then action shall be taken against them. It should not be on the faith that they are officers but as if they are workmen.


From India, Kannur
You must know that just by promoting workmen as officers will not desist them from striking work. You must understand that the function continues to be of workmen . Whatever may be the designation it is the responsibility and nature of duties that make the distinction between workmen and Manager. In this case you can take action.
From India, Chennai
Sir, can you support me to organize employment training program me to those who are qualified & need youth residents of surrounding the factory village as a scheme for youth employment training. Is it covered under CSR scheme or nor?
Please respond at the earliest

From India, Visakhapatnam
Hey guys I got 2 casestudy.Can you please suggest the solution for them.
Case Discussion 1
Sinha is a senior employee of S & S Law Firm having its head office at Delhi and branches at all major cities in the country. The managing partner of the firm asked Sinha to head its southern branch at Bangalore. The firm has been quite successful since its inception in 1950s, but has witnessed high turnover among its younger staff in the last five years. The managing partner is convinced that the problem is not salary, because a recent survey indicated that the firm’s salary structure is competitive with that of other major firms. Driven by this incomprehension, the managing partner wants Sinha to find out the real reasons.
Having settled in Bangalore, Sinha met the four senior managers to determine why the branch has had such a high attrition rate among the younger staff. Krishna, aged 46, states that the younger staff lacks dedication and fails to appreciate the career opportunities provided by the firm. Gowda, aged 52, says the younger employees are always complaining about the lack of meaningful feedback on their performance, and many have mentioned that they would like to have a sponsor in the organization to assist with their development. Gowda further explains that the firm does provide performance rating to its staff and the previous manager has always maintained an open-door policy. Manohar, aged 39, says he has received complaints that training is not relevant and is generally dull. He explains that various persons in the firm who worked with training from time to time acted mainly on guidance from Delhi. Shobha, aged 35, says she believes that the root of the problem is the absence of an HR department. However, she says that when the idea was mentioned to the managing partner in Delhi, it was totally rejected.
Q1. Do you think that the Law Firm needs an HR Department? If yes, what should be its role?
Q2. How would you sell the ides of the HR department to the managing partner?
Case Discussion 2
Industrial Relations Situation at Titagarh
Jute industry time and again gets associated with strikes, lockouts and closure. The particular case in point is Titagarh Jute Mill. The Titagarh Mill has been unsuccessfully run by different promoters since 1986. For long time workers were demanding payment of Provident Fund and Gratuity dues of retired employees, payment of their due wages, and permanent placement of temporary workers. Workers had not been paid gratuity and other arrears – amounting to about Rs.15 crore – since years.
Management’s take on the entire situation was that as new promoters when they took over the mill in 1999, there were huge dues. In Provident fund, Rs.11.83 crore was being paid to the PF Commissioner in 50 installments by the current management. Since the mill was running in loss, the management could not settle all the claims at one go. From management’s perspective, aggrieved unions were getting on the way of smooth functioning of the mills.
Things took an ugly turn when Apurba Roychowdhury, the Personnel Manager of the mill, was found dead in his office in the mill premises, while the Sangrami Mazdoor Union (SMU) was conducting a gate meeting protesting the non-payment of long standing Provident Fund and Gratuity dues. A team from Khardah Police Station arrested 21members of the SMU in this connection. According to Khardha Police Station Inspector, the SMU had not taken police permission to hold the meeting. Union’s high-ranking members, including the President, Secretary and Treasurer were arrested on the spot. They have been charge sheeted and at present are out on bail.
SMU Leaders alleged that the murder was carried out by criminals hired by the management. Currently neither the management nor the workers have the confidence to return to work. How can you improve the condition of the Titagarh Jute Mill as the newly hired Personnel Manager?

From India, Kolkata
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