Can We Discipline Promoted Workers for Protesting at the Main Gate? Seeking Advice

Dear Seniors, I need one suggestion from you on an IR issue. Some of our workmen, around 60 to 70 persons, were promoted as officers and are enjoying DA benefits like workmen. Recently, they participated in an agitation for a few days against the management for their benefits, which they had brought to the notice of HR more than three months later. They did not attend duties and stood in front of the main gate.

Query on Disciplinary Action

My query is whether we can take action against them or not! Please share your valuable suggestion with me at the earliest.

Regards, Venkat

Understanding the Role of Officers and Trade Unions

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 forming a Trade Union.

In the case of 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 the Industrial Disputes Act or not, can be registered as a trade union under the 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.

Regards,
Madhu.T.K

You must know that just by promoting workmen as officers will not deter 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 distinguish between workmen and managers. In this case, you can take action.

Hey guys, I have two case studies. Can you please suggest solutions for them?

Case Discussion 1

Sinha is a senior employee of S & S Law Firm, which has its head office in Delhi and branches in all major cities across the country. The managing partner of the firm has asked Sinha to head its southern branch in Bangalore. The firm has been quite successful since its inception in the 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, as 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 ratings 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 idea of the HR department to the managing partner?

Case Discussion 2

Industrial Relations Situation at Titagarh

The jute industry is often associated with strikes, lockouts, and closures. The particular case in point is Titagarh Jute Mill. The Titagarh Mill has been unsuccessfully run by different promoters since 1986. For a 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 at a loss, the management could not settle all the claims at one go. From management's perspective, aggrieved unions were getting in the way of the 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 21 members 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 are currently out on bail.

Q3: 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?

Case Study

Industrial Relations Situation at Titagarh

The jute industry is frequently associated with strikes, lockouts, and closures. A notable example is the Titagarh Jute Mill, which has been unsuccessfully managed by different promoters since 1986. Workers have long demanded the payment of Provident Fund and Gratuity dues for retired employees, their due wages, and the permanent placement of temporary workers. Gratuity and other arrears, amounting to about Rs. 15 crore, have not been paid for years.

From the management's perspective, when new promoters took over the mill in 1999, there were significant dues. The current management is paying Rs. 11.83 crore to the PF Commissioner in 50 installments. Due to the mill's financial losses, the management could not settle all claims at once. They believe that aggrieved unions are hindering the smooth functioning of the mills.

The situation escalated when Apurba Roychowdhury, the Personnel Manager of the mill, was found dead in his office while the Sangrami Mazdoor Union (SMU) was conducting a gate meeting protesting the non-payment of Provident Fund and Gratuity dues. A team from Khardah Police Station arrested 21 members of the SMU in connection with this incident. According to the Khardah Police Station Inspector, the SMU had not obtained police permission to hold the meeting. High-ranking union members, including the President, Secretary, and Treasurer, were arrested on the spot. They have been charge-sheeted and are currently out on bail.

Questions

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 that follows the model standing order.
- Attempting to take away the factory's instrument without permission.
- Caught at the gate while leaving the factory by the gatekeeper on duty.
- The company's 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 highlights several problems and deprivations faced by the workers of the jute mills and their families. It is necessary to intervene appropriately to improve their existing conditions. As a human resources personnel, I will:
- Enhance the organization’s 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 inform 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 requirements 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.
- Contribute 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). Father’s / Husband’s 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) Father’s/Husband’s 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). Father’s/Husband’s 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 Father’s/Husband’s 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) …………………………………

17. Refer Notice served Yes/No Date: …………………

18. Dispatched 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……………