Case Study
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.
Managements 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 managements 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. Unions 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.
Question:
Q.1) 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?
Q.2) Draw up a charge-sheet assuming the following:
The delinquent workman is employed in a factory which follows the model standing order;
Attempting to take away the factorys instrument without permission;
Caught at the gate while leaving the factory by gatekeeper on duty;
The companys property was seized and the workman was allowed to leave the factory;
The matter was reported to the factory manager the following morning;
You can make any other assumption relevant to the case.
Answer-
Q.1) The analysis brings out several problems and deprivations faced by the workers of the jute mills and their family members. It is necessary to intervene appropriately to improve their existing conditions. Being human resources personnel, I will:
Enhance the organizations human resources by planning, implementing, and evaluating employee relations and human resources policies, programs, and practices.
Maintain the work structure by updating job requirements and job descriptions for all positions.
Manage a pay plan by conducting periodic pay surveys; scheduling and conducting job evaluations; preparing pay budgets; monitoring and scheduling individual pay actions; and recommending, planning, and implementing pay structure revisions.
Ensure planning, monitoring, and appraisal of employee work results by training managers to coach and discipline employees; scheduling management conferences with employees; hearing and resolving employee grievances; and counseling employees and supervisors.
Implement employee benefits programs and informs employees of benefits by studying and assessing benefit needs and trends; recommending benefit programs to management; directing the processing of benefit claims; obtaining and evaluating benefit contract bids; awarding benefit contracts; and designing and conducting educational programs on benefit programs.
Ensure legal compliance by monitoring and implementing applicable human resource federal and state requirements, conducting investigations, maintaining records, and representing the organization at hearings.
Enforce management guidelines by preparing, updating, and recommending human resource policies and procedures.
Retain historical human resource records by designing a filing and retrieval system and keeping past and current records.
Cultivate professional and technical knowledge by attending educational workshops, reviewing professional publications, establishing personal networks, and participating in professional societies.
Complete human resource operational requirement by scheduling and assigning employees and following up on work results.
Manage human resource staff by recruiting, selecting, orienting, and training employees.
Advance human resource staff job results by counseling and disciplining employees; and planning, monitoring, and appraising job results.
Contributes to team effort by accomplishing related results as needed.
Q.2) FORM IF5
FINAL FORM / REPORT
(Under Section 173 CR. P.C.)
IN THE COURT OF
.
1. *Dist:
*P.S
*Year
*FIR No:
*Date:
2. Final Report/Charge-Sheet No:
..
3. *Date:
4. (i) *Act:
..
*Section:
(ii) *Act:
..
*Section:
(iii)*Act:
..
*Section:
(iv) *Other Acts and Sections:
.
.
5. *Type of final Report: Charge-Sheet/Untraced/Unoccurred/Not Charge-Sheet for want of evidence :
.
6. *If F.R. unoccurred: False / Mistake of fact / Mistake of law/Non-cognizable/Civil nature:
.
..
7. *If supplementary or original:
...
8. Name of the I.O.
Rank
(a) Name of Complainant / Informant:
(b). Fathers / Husbands Name:
.
10. Date of properties / Articles / Documents recovered / seized during investigation and relied upon (separate list can be attached, if necessary). Sl. No Property description Estimated value (in Rs.) P.S. property Register No. From whom/where recovered or seized Disposal 1 2 3 4 5 6 11. Particulars of accused persons charge-sheeted: (use separate sheet for each accused)
Sl.No
..
(i). *Name:
Whether verified
..
(ii) Fathers/Husbands Name:
.
(iii). Date/Year of Birth:
(iv). Sex:
(v) Nationality
.
(vi). Passport No:
Date of issue
.. Place of Issue
..
(vii). Religion:
.(viii) Whether SC/ST
.
(ix). Occupation:
..
(x).Address:
...
.. Whether verified:
.
(xi). * Provisional Criminal No.:
(xii). *Regular Criminal no:
. (if known)
(xiii). Date of arrest:
.
(xiv). *Date of release on bail
..
(xv). *Date on which forwarded to Court:
.
(xvi). *Under Acts & Sections:
.
.
(xvii). *Name(s) and Address(es) of sureties:
..
..
(xviii). Previous convictions with case references:
.
..
.
(xix). *Status of the accused: Forwarded / Bailed by Police / Under Police Custody / Bailed by Court / In judicial Custody / Absconding / proclaimed Offender: 12. Particulars of accused persons Not charge sheeted (suspected): (separate sheet for each suspect)
Sl. No.
.
(i). *Name:
.. Whether verified
...
(ii). Fathers/Husbands Name:
..
(iii). Date/Year of Birth :
.
(iv). Sex:
(v) Nationality:
.. (vi). Passport No.
.
. Date of Issue
....... Place of Issue
...
(vii). Religion:
whether SC/ST:
...
(ix). Occupation:
..
(x).Address:
...
.. Whether verified
..
(xi). *Provisional Criminal No:
...
(xii). *Suspicion approved: Yes/No (xiii). *Status of the accused Bailed by Police / Bailed by Court / in judicial custody / Absconding / proclaimed offender / Not arrested :
...
..
(xiv).Under Acts and Sections :
.
..
(xv). Any special remarks including reasons for not charge sheeting:
.
..
..
..
..
..
13. Particulars of witnesses to be examined: Sl. No. Name Fathers/Husbands Name Date/year of birth Occupation Address Type of evidence to be tendered. 1 2 3 4 5 6 7 14. If F.R. is false, indicate action taken or proposed to be taken u/s 182/211 I.P.C.:
..
15. Result of Laboratory Analysis:
.. 16. Brief facts of the case (Add separate sheet, if necessary)
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
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17. Refer Notice served Yes/No Date:
18. Despatched on
..
Forwarded by Station House Officer Signature of the Investigating officer Officer/Officer in-charge submitting the Final Report / Charge Sheet Name:
.. Name:
. Rank
.. No
.. Rank
..No
..