In This Issue IN EVERY ISSUE

Response Pioneerism, Innovation and 05 Excellence: a report from the field From the Editor’s Desk 06 Guest Column by Dr. Vinayshil Gautam 07 HR News 08 HR Movement 09 Top 5 Priorities for HR Leaders Employer Research : India Stats in 2020 : Gartner for HR 10-11 Integration of Bill Reddin's Value of Soft Skills in the Workplace 12 3-D leadership and 16 Soft skills are more important than your technical skills managerial behaviour model or hard skills for your success in personal as well as of Heike Bruch & Sumantra professional life as they boost an individual's interactions, work performance, and career prospects. Ghoshal An article by Dr. Anupriyo Mallick This article examines the integration of HR models created by the management Women at workplace : Opportunities thinkers, namely, Bill Riddin (1983) and & challenges Heike Bruch & Sumantra Ghoshal (2004). 34 Their models are spaced out by 20+ It's not exactly the glass ceiling but the broken rung years. The process of ntegration/blending which is the mainframe barrier restricting women is simple and the outcome is revealing participation at the top. Fewer women receiving and yet practical for performance review promotions as we move upwards in the hierarchy is the and feedback. essence of the broken rung. An article by Praveen Sinha An article by Sanjeev Himachali COVER FEATURE Success, women and the other side of the coin Dr. Tripti Sharan WOMEN The dirty picture of workplace Dr. Saagarika Ghoshal AT WORK Breaking barriers : The unconscious bias in the workplace Interview Reena Tyagi Apurva Purohit, President, Women leaders Jagran Prakashan Group,Mumbai in rural India Mamta Saikia We have to be Why women quit the best versions organizations? of ourselves everyday Manisha Nayar Vohra

The mommy burnout In coversation with Saagarika Ghoshal, Sonal Kapur Sinha APURVA PUROHIT an author, a business leader and a perfect woman at home speaks about maintaining work-life balance, handling Women leadership workplace issues, motivating and leading and partnership in people. delivering SDGs Priya Zutshi ...... 18-33 www.businessmanager.in 3 BUSINESS MANAGER | MARCH 2020 In This Issue Women for Women : let’s make Labour Laws not applicable on 36 this work 56 group housing societies Women in today's times are breaking every Since the housing societies are not business conceivable barrier. Let's change the paradigm - entities therefore, they are exempted from let's root for & help other deserving & competent fulfilling the obligations of labour laws. This is women, not because of the gender, but for their the reason that employing labours in ability & resolve to make a difference. housing societies has become a very An article by Dr. Aparna Sharma onerous duty for the office bearers, who work there in an honorary capacity. Nevertheless, in this case, Article 14 of the Is my mind under control? Constitution of India appears to be violated because the workers working in housing 37 The author helps introduce the readers NLP and societies are treated differently from others explains how our mind work and how we can being engaged through contractor agencies. make it work to our benefit. An article by H.L. KUMAR An article by Sandiep Grovar Statutory Canteen:Liability of Tapping the undertones of 58 Principal Employer 39 women empowerment An article by Deepanjan Dey Expected results can be achieved only by acknowledging the value of the female CASE STUDY workforce and not waiting for policy-level 61 compliance amendments to make such Overconfidence - Boon or Bane? provisions. For this to happen, we need a radical change in women empowerment enforcement approach. Companies need to go beyond compliance and take up gender-gap bridging as their own initiative. An article by Samruddhi Bhaid Solutions provided here are in context to narrated facts & not in general. 40 -BM Editorial Team LINE CASE ANALYSIS Anil Kaushik Management Expert -HR & IR 63-64 1. M.D. should work on regaining the trust and confidence of workers - Anil Malik 2. When arrogance backfires! -Yashwant Bhaid 65 EVENT REPORT Ninth national case writing workshop at SVVV,Indore 42-55 65-66 BOOK LEARNING RECENT IMPORTANT Decode Pesonality For Organisational SUCCESS - LABOUR JUDGMENTS A Cosmo - Psycho Tool - Author: Vipul Saxena SEARCH - SELECT, ENABLE, ATTAIN & REACH CAREER HAPPINESS Authors: Sreenidhi S K,Tay Chinyi Helena, H.A.P.P.Y - HOLISTIC APPROACH to PERSONALITY, PSYCHOMETRICS and You -Authors: Sreenidhi S.K.,Tay Chinyi From the Employee Engagement - A RECIPE TO BOOST Court Room ORGANISATIONAL PERFORMANCE -Author:Vipul Saxena

www.businessmanager.in 4 BUSINESS MANAGER | MARCH 2020 Crucial RESPONSE Excellent article on PMS by Vikas Sharma especially moulding weak into performers is crucial to drive organisational objectives and prepare for future. Look forward to see your upcoming book on performance management system. Kudos...

India s Best HR Magazine Arun Kapur Great Making HR People Complete Great effort. You have been contributing immensely by choosing key topics & HR challenges and facilitate with enormous knowledge and wisdom. Kudos... to you and MARCH 2020 looking forward to my favorite HR magazine. LS Murthy Be practical The case study is very interesting. The FEBRUARY 2020 ISSUE analysis done by experts paint an ideal CHIEF EDITOR situation but in many cases, for a new female ANIL KAUSHIK Gig world employee the most comfortable solution is to Sanjeev has rightly indicated about shifting of quit the organisation where from top to HR processes from tech-enabled to AI-enabled. bottom, everybody appears to have accepted ASSOCIATE EDITOR HR has to be skilled enough at all levles to or chose to close the eyes from the reality. ANJANA ANIL embrace AI to make HR function more effective. Can anybody think of a alone single new I am of the view that the biggest focus of HR female employee to take a fight with the should be on handling and preparing a ground organisation? EXECUTIVE EDITOR for gig workers not only in blue collar but also Pooja Sharma JAYSHREE DUTT white collar. This trend will change the entire landscape of HR in coming years where it will be Commendable left with only strategic interventions. The annual compilation of labour judgments DESIGN & DIGITAL Yogesh K. is commendable. R. Vijay SATENDER TEJ ARUN Capable Article on pumpkin heads is a dark reality of the True reflection of some Indian SUBSCRIPTION workplace who are capable of destroying the managers I have come across. GIREESH KUMAR DIXIT organisation sooner or later. Mukesh Khatri Subir Sinha Humane Wow...another feather to your cap This is the only way forward for all of us in HR but Syed Izhaarul Haque HON'Y EDITORIAL BOARD remaining humane in approach while dealing with Excellent presentation displacement issues as a result. Dr.T.V.Rao Atanu Guha Dr.Vinayshil Gautam Jagan Mohan Reddy Great. Sanjay is a wonderful Human H. L. Kumar Challenges being Dr. Rajen Mehrotra Digitalization of system, mind set of extra work, Nikhil Desai engagement in safety and productive Impressive. Insightful. environment of organization are few challenges Dr. VIRENDRA P SINGH of HR professionals. Ravindra Pareek

Owned, Published and Printed by Anil Kaushik at Sun Prints, Ganpati Tower, Nangli Circle, Alwar - 301001and Published From B-138, Ambedkar Nagar, Alwar - 301001 (Raj.) India. Editor : Anil Kaushik BUSINESS MANAGER The views expressed in the articles published in Business Manager are those of the authors only and not necessarily VALUES YOUR FEEDBACK. WRITE of the Publisher/Editor. TO US WITH YOUR SUGGESTIONS While every effort is made to have no mistake in the magazine, errors do occur. Publishers do not own any responsibility for the losses or damages caused to any one due to such ommissions or errors. AND IDEAS AT [email protected] This issue of Business Manager contains 68 pages including cover Annual Subscription Rs. 1300/- through DD (by ordinary Book-Post) (by Courier/Registry Rs. 1600/-) Visit us on: favouring Business Manager may be sent to: B-138, Ambedkar Nagar, Alwar - 301001 (Raj.) India Mob.: 09785585134 www.businessmanager.in E-mail : [email protected], [email protected] https://www.facebook.com/businessmanagerhrmagazine Published on 1st of Every Month

www.businessmanager.in 5 BUSINESS MANAGER | MARCH 2020 FROM THE EDITOR’S DESK

Give me my space!

When it comes to half of the world population, it should be a matter of concern for all that India has one of the lowest labour force participation women when compared to countries across the world as per ILO market update of 2017. According to World Bank report of 2017 it is about 25% of Indian women.

Though the things have changed a lot, where the professions like nursing and education are found dominated by women and they are also leaving their marks in other fields which were earlier ruled by men, but still much has to be achieved in terms of social acceptance of pink power, her competencies and capabilities to perform in all spheres.

Be it entrepreneurship, leadership roles in business world or others, women have proved themselves but fact remains that the road of success for them is not smooth as compared to men. The reasons lie in implicit gender bias and mindset about working women. Organisations should take steps to build more gender parity to consciously build capability in women employees while sensitizing both men and women with each other. The most important requirement is to tackle the unconscious bias awareness on benefits of gender diversity. If a strong support system for women, by placing appropriate people policies are put in function at workplace, there is no reason why women are not able to rise higher up the leadership ladder.

The issues and challenges faced by women at workplace are same as were in last decade and nothing much has changed. They still face the inequality when comes to pay. They are paid less than their male counterparts in most of the professions. They are less preferred for employment at a stage when they are recently married for the fear that she might go on maternity leave soon. They are subject to sexual harassment at workplace, most often they are made to lead the client's meeting for business development because of having extra "persuasion skills" and so on.

What needed is a strong support system of society and family to encourage and push women to move further in their career. They should not be allowed to become a victim of marriage and motherhood. The sooner is the better.

Saagarika Ghoshal, prominent HR professional and a woman board director, as guest editor has supported this edition cover story from conceiving the idea to bringing it on the pages having different dimensions about women at work, flips and flops, issues and challenges, hazards of professions they face and handled by women leaders itself.

March 2020 If you like it let us know. If not, well, let us know that too. Vol. 22, No. 9 Happy Reading!

Anil Kaushik

@ tdanil anilkaushik anilkaushik

www.businessmanager.in 6 BUSINESS MANAGER | MARCH 2020 HR without PREJUDICE innovation. In practical terms, placing data in the cloud is being peddled on various scores of preservation, security, accessibility and more. Many of these claims are untested and aspirational. This always happens in the early stages of experiments. The bald truth is, as of today, no one knows the precise lead-time time it would need for an enterprise to reach a breakeven on the costs that would be entailed in mounting IT? But who can fight the force of a fashion and the force of a herd mentality of the leaders? The test of time will, alone, answer which of these inscrutable ways, call it 'innovation' if you must, that was worth the time and the costs it entailed. However, it needs to be recognised that the path of progress often has these dilemmas strewn across it. In the meanwhile companies like Oracle and more are busy experimenting, one almost said 'guinea pigging' the organisations that can afford the risk of possible innovation and its investments. Dr. Vinayshil Gautam, Internationally acclaimed management expert. The essential matter, therefore, is value addition to the tribal products, Chairman, DKIF to begin with. As elaborated above the MFP's can be made more marketable by such methods. Though example of Mahuwa flower the three sequential stages can be explained and illustrated. In the primary processing approach, basic changes in post-harvesting practices are Pioneerism, Innovation attempted. Mahuwa flower is an important non timber forest products. The and Excellence: economic benefits are increased several folds by marketing a value added product, like nutrabeverages, based on Mahuwa flower. The flower contains high percentage of sugar along with other nutrients. Besides. a report from the field This has a typical unattractive aroma. Mahuwa when mixed with Guava/Pomegranate/Banana Nutra-beverage can give rise to a low alcohol content (4 %) nutrabeverage. Mahuwa flower contains high s management grew as a discipline, there are functions percentage of sugar which can be easily utilized for alcoholic which have acquired their own personalities. Say typically, fermentation. Fermentation process has many advantages like increasing Amarketing as a function is not a child of any core discipline in the the shelf life of the product, improving aroma and texture of the product way materials management is as pinoff of mechanical engineering. and in some cases enhancing the nutritional value of the final product. Finance as a function also has acquired and reinforced its own personality. It is no longer seen as a mere take off-singly or collectively- The tertiary process effort can push the outcome of the secondary of statistics, economics etc. Similarly, corporate strategy, as an area, has processing efforts to a higher level of sophistication. This will be by a character of its own. This leads us to the core issues of corporate experimental work with research outcome. An example is given below of innovation. Noutrabeberage which has been developed from Mahuwa flower by one of the leading technology institutions of India and is currently in the In its present incarnation, Human Resource Management is process to get patented. essentially composed of managing the skills and the knowledge which the human being brings to the job. When he uses that to further The present Mahuwa nutra-beverage is a fermented beverage of the corporate interests he receives a compensation or payment. Hence excellent quality. The product in its improvised form when blended with the person's worth is, as per market rating of his skills. He is paid for not guava fruit juice, enhances the nutritional value of the final product. It being what he is but for what his skills can do for employing entity. Put masks the flavour of Mahuwa beverage by improving the aroma and simply his skills are what he is hired for. Hence as times change and texture of the product. The cost of production of the developing wine corporate requirements change, it's obligatory on the corporate to shall be lower as the Mahuwa flower and Pomegranate/Guava/Banana keep up scaling or at least re-zigging the competencies of the main raw material are available at comparatively lower price in season,as incumbent. This requires both innovation and investment. compared to other fruits such as grapes. It is in this context that the concept of Human Capital Management Some of the health benefits of fermented beverages seem to be is born. There is business wisdom in developing human capital which related directly to the alcohol content rather than the available in turn boosts productivity and growth. Thus it is that corporate antioxidants. The above narration is merely one example running through innovation often envisages measurement. Further as the electronic different escalating levels of innovation, value addition and R&D. Yet medium and language becomes progressively omnipresent, it another exercise leading to excellence of forest products through the impacts corporate innovation also. The upshot is that operating and innovation route may be cited.It can be called integrated Characterization managing human capital management requires constant of Honey as per origin (floral/geographic/seasonal). This includes natural methodological upgradation. Landscapes change, the nature of therapeutic agent based wound healing patch development information requirement changes and at every stage the cost of Expected outcome of the proposed interventions were seen ownership of the idea becomes a key question. The approaches to asvalidating the nutritional values, anti-oxidative, anti-bacterial and these issue currently are positioned at work force modelling, work wound healing efficacy of specific characteristic honey. The preliminary force predictions and indeed managing competition. work done so far includes Physico-chemical characterization of some However, in an uncanny way the fundamentals don't change. They honey. The journey to be covered is still largely unchartered and many will always require clarity on job descriptions, identification of key intermediary phases have to be crossed. processes and creating focussed action through aggregation of The guiding lights will continue to be innovative approach and business concerns. It is another matter that as the domain of IT combination of open ended and closed ended thinking. Tribal culture is expands and becomes 'esoteric'; elements like 'cloud' begin appearing not necessarily in need of modernisation,it is representative of an alternate operationally and figuratively. Even though no IT cloud is anywhere in way of life. Sequencing divergent thinking followed by convergent the sky it is a way fusion is carried out of data blocks and the way their thinking seems to be the key. Attribute listing and morphological implication is elaborated and embedded in the actual working. synthesis, as tools of innovation, may prove handy. Pioneerism when For want of a better phrase, this too will be called corporate followed by innovation in a framework of excellence is capable of taking the limited resources of this planet to new possibilities. BM

www.businessmanager.in 7 BUSINESS MANAGER | MARCH 2020 HR NEWS Startups hiring at B-schools grow AI based job sites may create employment discrimination! Startups such as Oyo, Ola, Quikr, Zomato and Paytm may be going through a spate of layoffs, but about half a dozen leading B-schools reported a spurt in hiring by ecommerce A new law in the US that aims to help job seekers companies and startups during their recently concluded final understand how AI tools are used to evaluate them in video placements. interviews recently resurfaced the debate over AI's role in recruiting. But O'Neil believes the law tries to tackle bias too late in the process. "The problem actually lies before the application comes in. The problem lies in the pipeline to match job seekers with jobs," said O'Neil, founder of O'Neil Risk Consulting & Algorithmic Auditing. That pipeline starts with the job and social sites where algorithms can play a significant role in determining which candidates see which job postings, filtering out those deemed unqualified. Here's how she says bias shows up in the hiring process: AI hiring tools are far from perfect While algorithms may speed up the process of narrowing the pool of job candidates, they are often not great at finding the most qualified ones, and instead, end The Indian Institute of Management (IIM), Kozhikode; up disproportionately filtering out people in those exact Management Development Institute (MDI), Gurgaon and categories. Bharatiya Vidya Bhavan's SPJIMR said the sector recorded the biggest on-year jump in the number of offers during final In 2018, Amazon shut down a tool it had built to placements for the Class of 2020. Several ecommerce compa- automate its hiring using artificial intelligence because it nies and startups have indeed decreased hiring this year, and was biased against women. Researchers have also shown some have even skipped placements. how AI tools that analyse video interviews are often biased against people with disabilities. But that slide has been more than made up for by the large number of startups that have begun hiring on campuses this Bad data in, bad data out season, as well as by companies that have increased hiring There are several reasons why algorithms can end up numbers, placement officials said. At IIM-Kozhikode, 8.2% of discriminating against certain groups. Programmers participating students received offers from startups and ecom- 'train' an algorithm by showing it a massive set of merce companies, compared to 3% last year. At MDI, ecom- historical data. In the case of a job site, they show it merce offers jumped 141% on-year and at SPJIMR, ecommerce information about past candidates, telling it to look for absorbed 22.2% of the batch, against last year's 16.3%. patterns among people who ultimately got jobs, which it Source: ET then uses to identify potential candidates with those same qualities. That can lead to problems, however, if the dataset Managerial employee also entitled is already skewed. The other issue gets at why O'Neil believes biased job to suspension allowance sites are particularly problematic: They factor in informa- tion that may have no bearing on a candidate's ability to do Is a managerial staff, who has been suspended from service, a job, rather than focusing only on relevant details. entitled to subsistence allowance? The First Bench of the Source: Medium.com Madras High Court ruled in affirmative when this question was raised. M Elango, secretary of a Primary Agricultural Co- operative Credit Society, was suspended in 2016 for certain ESIC hikes confinement expenses for irregularities. Now, as per the special by-laws, anybody employed in the managerial or administrative capacity is not pregnant women entitled to subsistence allowance. Assailing the judgment of a single judge dated October 25, The Employees' State Insurance Corporation (ESIC), under 2018, in a writ appeal, the Registrar of Societies contended labour ministry, has extended the confinement expenses from that Elango, on being suspended and later terminated from Rs 5,000 to Rs 7,500 for pregnant women who are not able to service, is not entitled to subsistence allowance. Elango moved avail maternity services of ESIC dispensaries. the High Court and a single judge in 2018 ordered payment of A decision to this effect was taken at the 181 meeting of the allowance. Hence, the present appeal. ESIC boards, chaired by labour minister Santosh Kumar The bench, comprising Chief Justice AP Sahi and justice Gangwar. Subramomium Prasad, said the contention that a secretary or "Keeping in view the rise in the cost of living index result- a manager ceases to have the need of basics and continue to ing increase in expenditure related to confinement, existing live at the bare minimum on being suspended cannot be amount of confinement expenses has been increased from Rs accepted. The underlying principle for making payment of 5,000 to Rs 7,500," ESIC said. subsistence allowance is to allow an individual to sustain him- self. In the present context of the suspension of an employee, "This facility is for pregnant ladies who are not able to avail one has to keep in mind that services of an employee have not maternity services of ESIC dispensaries or hospitals due to been snapped and the employer-employee relationship during unavoidable reasons and take treatment in other hospitals," it suspension, continues to subsist. added. Source: NewIndianExpress Source: ET

www.businessmanager.in 8 BUSINESS MANAGER | MARCH 2020 HR MOVEMENT Nita Baluni appointed GM Corporate HR S Chakraborty appointed Head HR & A. Vice at The Lalit Suri Hospitality Group President at Osource India With about 26 years of experience in HR, Nita Baluni has now With about 26 years of experience in HR, S joined The Lalit Suri Hospitality Group as Gerenal Chakraborty has joined Osource India Pvt. Ltd. as Manager Corporate HR. Prior to this appointment Head HR & A. Vice President. Prior to this Nita was with Sterling Holidays Resorts Ltd. as appointment S Chakraborty was with BitChemy Regional Head-Resort HR for about 1 years. She Ventures as Global CHRO for about 3 years. He has also been with InterContinental Hotels Group, has also been with Corporate Dossier India and Avis India (The Oberoi Group), Radisson, Renault India Pvt Ltd. Intercontinental Eros and Hyatt Regency. Ravi Mishra appointed Sr. Vice President Lionel Falcao appointed Director – HR at Grasim Industries Ltd. & Head - HR at ESR India With about 26 years of experience in HR, Ravi Mishra With about 23 years of experience in HR, Lionel Falcao has has joined Grasim Industries Limited as Sr. Vice now joined ESR India as Director & Head – HR. President – HR. Prior to this appointment Ravi Prior to this appointment Lionel Falcao was Mishra was with Aditya Birla Chemicals as Sr. Vice with Kotak Mahindra Bank as Senior Vice President – HR for about 16 years. He has also President Human Resources-Centre Functions, been with Nova Petrochemical Ltd., Mardia IT, Operations, CREM, Risk & Credit, Marketing Chemical Ltd. and Nicholas Piramal India Ltd. for about 4 years. S Raghavendra Rao appointed as new Dr. Tanaya Mishra has joined as Head-HR CHRO at Stelis Biopharma in Essar Projects Ltd. (EPL), Dubai With about 25 years of experience in HR, S Raghavendra Rao has joined Stelis Biopharma as Dr. Mishra brings over 25 years of rich experience as a seasoned new CHRO. Prior to this appointment S human resource professional with vast exposure in Raghavendra Rao was with Siemens as Vice- organizational transformation, change manage- President-HR & Head-Learning & Leadership ment, leadership development, employee Development for about 6 years. He has also been relations and coaching. She has been recognized with Tata Motors, NXP Semiconductors, ABB as among Asia’s 40 Most Aspirational Women Global, Volvo India and Eicher International. Leaders (2018) and was conferred with India’s Best CHRO Award (2017). Armaan Seth appointed as Head HR for Asia and Lovleen Joshi appointed as Director-HR at Citi Bank Pacific at Syngenta With about 24 years of experience in HR, Lovleen With about 16 years of experience in HR, Armaan Joshi has joined Citi Bank as Director-HR. Prior to this Seth has joined JSyngenta as Head HR for Asia and appointment Lovleen was with IDFC Ltd. as Head Pacific. Prior to this appointment Armaan Seth was HR for about 4 years. She has also been with J P with Philips as Head of Human Resources, Indian Morgan, Standard Chartered Bank, ICICI Securities, Sub-continent for about 9 years. He has also been L&T Finance, DGP Windsor & Mafatlal Group. with Marico Ltd. and Jayesh Sanghrajka & Co LLP. Ranjana Pal appointed as Director-HR at Dhanya Rajeswaran appointed as Andaz Delhi, Hyatt Country HR Director at CenturyLink With about 15 years of experience in HR, Ranjana With about 21 years of experience in HR, Dhanya Pal has joined Andaz Delhi, Hyatt as Director-HR. Rajeswaran has joined CenturyLink as Country HR Prior to this appointment Ranjana was with Director. Prior to this appointment Rajeswaran was Renaissance Ahmedabad Hotel & Four Points by with Accenture as Director & HR Head for Sheraton as Multi-Property Director of HR for about Accenture Digital, Consulting and Corporate 2.6 years. She has also been with JW Marriott. Functions in India for about 14 years. Prashant Parashar appointed as CHRO at Swagata Chakrabati appointed as Head - CleverTap HR at B & M Healthcare Consultancy LLP With about 25 years of experience in HR, Prashant With about 15 years of experience in HR, Swagata Chakrabati has Parashar has joined CleverTap as Chief Human joined B & M Healthcare Consultancy LLP as Head - HR. Resources Officer. Prior to this appointment Prior to this appointment Swagata Chakrabati was Prashant was with Emcure Pharmaceuticals as with GPT Healthcare Private Ltd. as Dy. General President HR for about 3 years. He has also been Manager - HR for about 7 months. She has also with Potentia Growth, Genpact, WNS Global, been with Glocal Healthcare, SPS Synergy Mahindra & Mahindra, Tata Cummins and GKW. Foundation and Synergy Renewable Energy.

www.businessmanager.in 9 BUSINESS MANAGER | MARCH 2020 EMPLOYER RESEARCH : INDIA STATS

A digital learning company recently conducted a Global Employer Survey across countries like Australia, Brazil, Canada, China, India, UK and US. Respondents were HR professional recurited for a mix of functions, industries and geographies. The recruit- ing targeted corporations with over 5,000 employees. The report deep dives into employers lacking an organized approach to L&D a disconnect between employers and employees on L&D culture and recognizing a need for upskilling to name a few.

Employers lack an organized approach to L&D today Only 42% companies in India have a centralized L&D Policy 57% employers support L&D through internal mentoring/work-based learning programs. However, fewer provide financial assistance to employees for other programs

Disconnect between employers and employees on L&D culture and resources that impacts engagement Only country where equal numbers of employers and employees say CE is encouraged as part of the company culture Employers find a lack of employee engagement A need for upskilling difficulty with employees taking time off and finding & reskilling in the the right providers next ten years 49% of Indian Employers focus on developing soft skills for employers want to existing workforce and are concerned about retrain employees on identifying the right hard skills when hiring new skills for current roles 70% of Indian employers are interested in format soft 52% of Indian employers want to invest in training skills assessment employees for new roles Employers are open to many types of L&D support from external partners; including identifying the right employees to train to developing

Employers are increasingly open to non-degree credentials 71% of Indian employers are exploring/ hiring employees with only non-degree credentials 51% of Indian employers think industry-based non- degree credentials is valuable vs 34% who value the selectivity of the program More important is given to 51% of Indian employers think that hard skills are candidate who can more important and lacking in Indian candidates demonstrate real-world 38% employers in India struggle finding candidates application with their non- with desired soft skills degree credential

www.businessmanager.in 10 BUSINESS MANAGER | MARCH 2020 TOP 5 PRIORITIES FOR HR LEADERS IN 2020 : GARTNER FOR HR

HR leaders are aligned on the critical enterprise Do your employees have the skills they need for business goals: their current roles and their future careers?

One in five employees say they do

Grow the business Improve operational Execute business excellence transformation

70% say they haven’t even Explore the five imperatives for HR leaders in mastered the skills they need for 2020: their jobs today 01 02 03

Build Critical Skills Current and Future Organizational % 19 On a more macro level, 19% of and Competencies Bench Strength Design and Change skills will be irrelevant in 3 years for the Organization Management 04 05

Drive Digital Business Employee HR leaders are aligned on the critical enterprise Transformation for Experience business goals: the Organization 66% of HR leaders overall 66% of CHROs/Heads of HR Biggest Critical Skills and Competencies 86% of HR technology leaders Challenges for 2020 What HR leaders told us Connect learners to skills needed for their success — and that of the organization

46% We lack the skills we need to drive future performance … are 8 times more likely to be 41% We struggle to develop critical talent segments high performers … are 4.2 times Our learning culture doesn’t support effective more likely to stay 37% new skills development in the company … are 66% more engaged

Leadership development expenditure per leader … learn skills Median spend (in USD) 25% faster

n = 7,101 employees Source: Gartner 2018 Shifting Skills Survey $2,500 =172% $2,167 The proportion of CEOs who have a digital transformation or similar initiative

$1,250 18% 82% $797 in 2019 38% 62% $0 in 2018 2017 2019 n = 63 HR executives (2017); 51 HR executives (2019) Source: 2017 Gartner L&D Agenda Poll; 2019 Gartner Leadership Source: Gartner CEO and Senior Business Executive Survey 2019 Development Survey (n = 473) and 2018 (n = 460)

www.businessmanager.in 11 BUSINESS MANAGER | MARCH 2020 Performance review and feedback : Integration of Bill Reddin's 3-D leadership and managerial behaviour model of Heike Bruch & Sumantra Ghoshal

This article examines the integration of HR models created by the management thinkers, namely, Bill Riddin (1983) and Heike Bruch & Sumantra Ghoshal (2004). Their models are spaced out by 20+ years. The process of integration/blending is simple and the outcome is revealing and yet practical for performance review and feedback.

Praveen Sinha, Ex Head - HR Centre of Excellence,Corporate HR, Escorts Ltd.,Co-founder People n Planet For a,Faridabad

s we all know, Performance review entitled: A Bias for Action: How Effective Managers Harness Their and feedback system helps Leaders Willpower, Achieve Results, and Stop Wasting Time) for performance A in clarifying organizational review and feedback. expectations to employees (Managers). My experience in HR also made me to realize that the success of performance Reddin's 3 D-leadership model in brief - review and feedback is highly dependent on Leadership style, situations and Essentially, the 3D Theory is a framework for Team leaders showing prevalent managerial behavior in the effectiveness as a central value. organization or function/department (if Task orientation : Efforts towards organization goal attainment. we talk about functional/department Relationship orientation : Characterized by mutual trust and level). respect. In view of the above, I always Effectiveness : The extent to which a Leader achieves the propagated using a combination of two output requirements/expected results determined from his models - one propounded by Bill Reddin position. (research published in his 1983 PhD thesis, The figure below shows Bill Reddin's model and Managerial Effectiveness and Style: demonstrates that the four less effective managerial styles Individual or Situation) and the other one are Deserter, Missionary, Autocrat and Compromiser, by Heike Bruch & Sumantra Ghoshal while the four more effective styles are Bureaucrat, (Managerial behavior Focus - Energy Developer, Benevolent Autocrat and Executive. matrix published in 2004 in the book

www.businessmanager.in 12 BUSINESS MANAGER | MARCH 2020 INTEGRATION OF BILL REDDIN'S 3-D LEADERSHIP AND MANAGERIAL BEHAVIOUR MODEL OF HEIKE BRUCH & SUMANTRA GHOSHAL

HIGH resentment, Related Integrated h) Executive is a good motivator who sets high standards, treats everyone Relationship differently, and prefers team Orientation management. Heike Bruch & Sumantra Separated Dedicated Ghoshal - Managerial behavior model (Focus-Energy matrix) :

LOW The Focus-Energy Matrix HIGH LOW Task Orientation high

Disengagement Purposefulness

Focus Developer Executive Procrastination Distraction

Bureaucrat Benevolent autocrat low Energy high

Related Integrated Heike Bruch & Sumantra Ghoshal shared his research finding on Separated managerial behavior and it frightens People orientation Dedicated us: 90% of managers squander their time in all sorts of ineffective activities. In other words, a mere 10% More effective styles Missionary Compromise of managers are 'purposeful Task Basic styles managers'…they are reflective and orientation possess high energy and high focus. Focus - As concentrated attention Deserter Autocrat i.e. the ability to zero in on a goal and see the task through to completion.

Less effective styles The steely focus of Thomas Sattelberger, who served as Lufthansa's Executive Vice President, In brief, the following are the descriptions of how each of these Product and Service, is well known… managerial behavioral styles is seen. The summary is as follows : A story…in the late 1980s, he was convinced that a corporate university Basic Style Less Effective More Effective would be an invaluable asset to a Managerial Style Managerial Style company. He believed managers would Separated Deserter Bureaucrat enroll to learn how to challenge old paradigms and to breathe new life into Related Missionary Developer the company's operational practices, Dedicated Autocrat Benevolent but his previous employer balked at the Autocrat idea. After joining Lufthansa, Sattelberger again prepared a detailed Integrated Compromiser Executive business case that carefully aligned the goals of the university with the Explanation for reference : company's larger organizational a) Deserter style is uninvolved and passive, agenda. When he made his proposal to b) Missionary style is primarily interested in harmony, the Executive board, he was met with strong skepticism : Many believed c) Autocrat style shows no confidence in others, feels unpleasant, and is Lufthansa would be better served by interested only in the immediate job at hand, focusing on cutting costs and d) Compromiser style means a poor decision maker,that is over influenced improving processes. But he kept at it by pressures of work, whom minimizes immediate pressures and for another four years, chipping away problems rather than maximizes long term production/results, at the objections. In 1998, Lufthansa e) Bureaucrat is primarily interested in rules and procedures for their School of Business became the first own sake, who wants to maintain and control situations by their corporate university in Germany - and conscientious enforcements, a change engine for Lufthansa. f) Developer will trust people, and is concerned with developing them as Energy - As the vigor that is fueled individuals, by intense personal commitment and g) Benevolent Autocrat who knows what he wants (from people and energy is what pushes managers to go situations) and how to get things his/her way without causing the extra mile in achieving organizational goals.

www.businessmanager.in 13 BUSINESS MANAGER | MARCH 2020 INTEGRATION OF BILL REDDIN'S 3-D LEADERSHIP AND MANAGERIAL BEHAVIOUR MODEL OF HEIKE BRUCH & SUMANTRA GHOSHAL

A story…the team that created the steps to correct it. They also convince themselves that the Sony Vaio computer - the first PC to let problems/issues do not exist. users combine other Sony technologies, such as digital cameras, portable music players, and camcorders - showed a lot of Distracted managers energy. Responding to CEO Nobuyuki Idei's challenge to create an integrated By far the largest group of managers Heike Bruch & Sumantra technological playground for a Ghoshal studied, more than 40% were found into the distracted burgeoning generation of "digital dream category.They were well-intentioned, highly energetic but they were kids," Hiroshi Nakagawa and his team unfocused managers and that made them as dangerous as the put in 100-hour weeks to create the kind of proverbial 'Bull in a china shop'. breakthrough product Idei hoped for.One manager,Kazumasa Sato, was so devoted to the project that he spent every weekend Purposeful managers for three years conducting consumer The smallest proportion of managers, i.e. around 10%, they were reconnaissance in electronics shops. high on both, energy and focus. The study also revealed that they Sato's research into consumer buying were also achieving critical, long-term goals more often. patterns helped Sony to develop a shop layout that enhanced traffic flow and Let us examine how to integrate/blend and effectively use sales. In the end, the Vaio captured a two HR models (as mentioned earlier, they are spaced out by significant share of the Japanese PC 20+ years) for performance review and feedback : market. It is evident from the above story line HIGH that while both focus and energy are Related Integrated positive traits, neither alone is sufficient to produce desired outcome or Relationship Orientation in words, the kind of purposeful action organizations expect their from their managers. Separated Dedicated We have all experienced that Focus without energy is a prescription for LOW futile execution and it also leads to HIGH burnout, whereas, Energy without LOW Task Orientation focus results in purposeless busyness…a real organizational hazard. The Focus-Energy Matrix Heike Bruch & Sumantra Ghoshal high found through their research that plotting the two characteristics in a matrix offered a useful framework for Disengagement Purposefulness diagnosing the causes of non-productive activity as well as the sources of Focus purposeful action. The exhibit "The Focus-Energy Matrix" identifies four Procrastination Distraction types of managerial behavior : Disengagement, Procrastination, Distraction, and Purposefulness. low Energy high The Procrastinators The way forward : Of the managers he studied, some 30% suffered from low levels of both For performance review and feedback - Leaders can plot their energy and focus. He called them the managers in Energy - Focus matrix and look at their own style of 'procrastinators'. leadership, as shown in Bill Reddin's model and design their approach. Disengaged The other aspect is also interesting - HR can plot Leaders and Managers (employees) on Bill Reddin's 3 D Leadership matrix and managers Energy - Focus matrix of Heike Bruch & Sumantra Ghoshal respectively and study Leadership styles, Situations, Managerial Roughly 20% of managers found into behavior necessary for building 'performance culture' agenda of the disengaged category; they exhibited the organization. high focus but low levels of energy. These managers simply lacked the inner How I used the blend of two models in performance review and resources to reenergize themselves. feedback : Interestingly, managers falling into Leaders with High Task orientation - High Relationship this category, practice denial - (People) orientation and Managers with High Energy - High "defensive avoidance" - rather than Focus : Here Leaders and Managers join hands to create the best acknowledging a problem and taking team and achieve/exceed long-term goals and this was observed during the intense business transformation journey in a

www.businessmanager.in 14 BUSINESS MANAGER | MARCH 2020 INTEGRATION OF BILL REDDIN'S 3-D LEADERSHIP AND MANAGERIAL BEHAVIOUR MODEL OF HEIKE BRUCH & SUMANTRA GHOSHAL manufacturing organization where I worked for a long time. My experience that his department was a core group also suggests that in the above situation, Leaders come under huge pressure and should be spared from layoffs. to manage high performing team and setting right expectations with clear Later,when it became clear that cuts in measurability. This matrix worked very well in the Engineering company all areas were inevitable, he agreed to where I worked for almost a decade, particularly, when the company the layoffs in principle, but his personal appointed a global management consultation firm for business discomfort kept him from truly transformation. committing to them. He delayed making the decision and invested little The organization revamped its performance management system to energy in making the right cuts. As a strengthen the performance management culture. Further, both, Leaders consequence, his results were less than and managers went through an orientation process to imbibe and accept the convincing. matrix of 'Leaders with High Task orientation - High Relationship (People) orientation and Managers with High Energy - High Focus' required for In a Retail organization, where I handling challenges during intense business transformation journey of five worked in 1990s, I found that both, the years starting 2017. The first year results showed that managers who could organizational performance and re-orient themselves to the new matrix, as referred above, performed well review and feedback process suffered and made huge progress in producing the desired results which were a lot in the hands of Leaders who were measured in terms of increase in EBITDA, penetration in new markets, low in task orientation (low business sales acceleration, cost reduction, new product development, enhancing results) and high on people customer satisfaction index etc. This matrix also gave the organization orientation which led to attrition of some realistic data for identifying High potential and High performers for high performers, inter-departmental creating Reward & Recognition agenda needed for supporting the business conflicts and organizational politics. transformation journey. Further, in the above scenario, the performance review and feedback required lots of background preparation and it was Leaders with Low task data driven. Here Leaders also focused discussions around organizational orientation - Low Relationship 'Core values' and behavioral competencies. (People) orientation and Managers with Low Energy - Low Leaders with High task orientation - Low Relationship (People) Focus : orientation and Managers with High Energy - Low Focus: An example from Lufthansa In the company where I worked, we were reviving a perpetual loss (1990s) : making business unit with the help of a global management consultant. It was observed that when senior management made it clear that the unit will Some procrastinators (Low energy - have to reduce expenses, managers in this category shot first and aimed Low focus) hesitate, until the window of later. Everybody knew that they had to do everything to reduce costs, and opportunity for a project has closed. At they were frantic. They had acted too quickly because they felt that Lufthansa, for instance, the manager something had to happen fast. Also because they did not stop to reflect, who was charged with developing an distracted managers had trouble reorienting to new strategies and could not internal survey delayed beginning the adjust their behaviors to new requirements. The turnaround project failed. project until the deadline passed. "I could have done [the work]," he In this business unit, the performance review and feedback went through admitted, "but for some reason, I could a great turmoil in a few functions/departments as their Leaders showed not get started." The nearer the deadline consistent priorities for task/goal orientation. Their relationship with loomed, the more he busied himself on people was at the lowest ebb. The challenge compounded, as managers were other projects, rationalizing that he distracted - because distracted managers tend to be shortsighted, they were could not turn to this task until he often over committing. They got involved in multiple projects with the best cleared his desk of less important jobs. of intentions, but eventually their interest diminished, and they started abandoning the projects altogether. The performance review and feedback Though I have not experienced this survey revealed that neither Leaders nor managers could do justice with the scenario, but I guess, this could be the review and feedback process and outcome. worst thing to happen for any organization. The performance review Leaders with Low task orientation - High Relationship (People) and feedback will completely lose its orientation and Managers with Low Energy - High Focus: meaning when organizations continue to maintain Leaders who are low in As mentioned earlier, managers in this quadrant managers practice a both, task and relationship (people) form of denial - "defensive avoidance". In the business unit, where orientation and where they manage a turnaround project failed, we observed that several managers, rather than team/or set of managers who suffer acknowledging that the problems exist and taking steps to correct them, with low energy and low focus…the they convinced themselves that the problem was not internal, rather it was procrastinators. To conclude, the external (economic scenario in auto industry was gloomy)…plenty of purpose of writing this article is to denial was at play. generate thoughts around integrating An example from Lufthansa (1990s) - HR models, rather than studying each of the models separately. My One manager responsible for ground services in a major airport fully observation is that combining the understood the threat of bankruptcy and the need to make radical changes. He advantages of certain models may give enthusiastically participated in all the change management meetings and us some interesting perspective and offered ideas for improving operational productivity. Yet deep down, he workable blended tools. BM believed his job was to protect his area and his people. He convinced himself

References :

Internet research for picking up examples and stories. Lufthansa turnaround story in the 1990s. Managerial Effectiveness by Bill Reddin. A Bias for Action: How Effective Managers Harness Their Willpower,Achieve Results, and Stop Wasting Time by Heike Bruch and Sumantra Ghoshal. Personnel Management by Edwin Flippo.

www.businessmanager.in 15 BUSINESS MANAGER | MARCH 2020 Value of Soft Skills in the Workplace

Soft skills are more important than your technical skills or hard skills for your success in personal as well as professional life as they boost an individual's interactions, work performance, and career prospects.

Dr. Anupriyo Mallick, Faculty and HOD-HR and OB,Eastern Institute for Integrated Learning in Management (EIILM),Kolkata

ong-term, we must begin to only common denominator in several L&D studies conducted since the build our internal 90s has been the importance of soft skills. L strengths. It isn't just skills The hallmark of a good soft skills training programme is not just like computer technology. It's the imparting knowledge and building skills, but also developing the ability old fashioned basics of self- to self-reflect and self-learn. Sounds familiar? Those are exactly the reliance, self-motivation, self- skills that businesses need to foster in their employees across the board reinforcement, self-discipline, self- and are what makes our training method so effective. command." - Steven Pressfield As industry gets more and more automated, the human jobs of the The challenge for any Human future are going to be those which rely on soft skills and the human Resource Management or touch. There is a growing emphasis on customer service, and impactful Learning and Development Team and professional communication skills will be in even greater demand is how to maintain a fine balance in the new age of AI. Increasingly, jobs require greater creativity, between hard and soft skills of collaboration and relationship building. This is also reflected in what their employees that would be we hear from our clients : more than academic qualifications, it is the beneficial to both the ability to be creative in high pressure situations that businesses need. organization and to the individual as well. Rick Stephens, According to the Leadership Insights Survey conducted by the Senior Vice President of HR, Center for Creative Leadership, 20 years ago, the most important Boeing Corporation once said competency was technical mastery, which was at 53%. In today's times, "We hire for hard skills. We fire this criterion does not even get into the top 5 category. This is because for soft skills. The ability to technical skills can always be learned and they are changing so fast that interact and communicate with they have become a secondary concern. others or behave ethically and Not only are computer software packages and technical take responsibility for things qualifications important, but soft skills are also important across all tends to be where people levels of the organization. This is vital in HR Planning and to employees normally break down." who can improve their performance and motivation levels, interact The nature of jobs and better within and outside their work places, create a harmonized and a businesses is changing at an cooperative working environment, for promotion and for succession unprecedented pace. This has planning. resulted in a large number of Does L&D in your organisation follow the golden 70:20:10 ratio? unemployable educated youth. While planning the 10%, remember to include an adequate focus on soft Even for existing employees, L&D skills. According to Alison Doyle, who is one of the industry's most managers find it a challenge to highly regarded career experts and whose website have been regarded design and deliver development by Forbes as one among the top 100, soft skills are essentially people programmes which can re-skill skills, methods and strategies that help individuals improve their them at such a pace. An L&D approach to their work and enhance interactions with those around Study conducted in 2019, reveals them. Some of the soft skills that management can offer are : that organisations with highly Communication Skills Business Etiquette engaged employees are over twice Flexibility Motivation Patience Leadership Skills as likely to prioritize soft skills Time Managemnt Team Work Problem Solving and training. It is no surprise that the Change Management

www.businessmanager.in 16 BUSINESS MANAGER | MARCH 2020 VALUE OF SOFT SKILLS IN THE WORKPLACE

To get the job done, hard skills training is required to give employees also find that telecommuting options all the vital knowledge, expertise and skills. It is important to ensure are very well-received by employees. In that the right staff has the right skills. But, if an employee shows an companies where flexible work interest in a training program that is outside of their job role, it would arrangements are conducive to the business model, remote work policies be prudent not to stop them from attending it, in order to enable them to can be an attractive benefit. develop themselves and grow. 3) Communication - I've always Hard Skills training is acquired through formal education and believed that if you treat employees training programs, apprenticeships, short-term training classes, online like adults, they will behave like them. courses and certification programs. Talking to employees like they are According to Alison Doyle, who is one of the industry's most highly children is an easy trap when you have regarded career experts and whose website has been regarded by Forbes to communicate something difficult. as one among the top 100, hard skills that can be looked at are : But, it's important to remember they Languages Data Analytics Computer Programming are adults and they can handle honesty. Administration Skills Machine Operating Skills So, be honest about why changes are Engineering Web Designing and Content Writing being made. Marketing and Corporate Communication Skills While we can't always disclose Finance and Accounting Skills and Microsoft Office Training everything, keep in mind that employees can see right through To be good at hard skills, one would require being smart or having a "corporate talk". Listen to your high level of IQ (the left brain or the logical center). Soft skills need EQ employees' questions or concerns. An (the right brain or the emotional center). To succeed and advance in our honest, open dialogue will help ease any career and grow as individuals, we need to proactively work on both stress that may come with the change. these areas. At Indeed, open communication is There's a lot of buzz about the word "culture" and what it means part of our company culture. We within an organization. A culture is built on a company's mission and provide employees with multiple core values. It describes what a company represents both within its channels for two-way communication. walls and to the outside world. Employees have regular access to If a company lacks a solid mission and goal, nothing will go well. senior leaders. We also promote But, if employees are focused on a common, clear goal, they'll be driven transparency about the company's to do their jobs no matter where they're sitting, or how they're culture by maintaining an honest scheduling their work. dialogue about any changes. Culture must drive every single corporate decision, including hiring Whether you're a large corporation, practices. Every employee should be committed to the firm's mission. or a small, family-owned business, Office design must reflect the culture, and any philanthropic activity a offering employees free lunch and ping- company engages in should also have a direct link to the mission. pong tables will only get you so far. But To build a sustainable corporate culture, focus on these three areas : by building a strong, action-minded 1) Environment - Research shows that 90 percent of what we culture that provides employees with perceive about our world is absorbed visually. And, visual perceptions career advancement and opportunities greatly influence our overall impression of our surroundings. That's to make an impact, you'll not only why a company's physical environment is so important to get right. attract top candidates, you'll retain them. Job market, employers look for In creating an office environment, there is no "one size fits all". Every candidates who possess both hard company is different and every workforce is different. Authenticity is skills, as well as soft skills. Hard skills essential. A physical office space should reflect a company's culture and are related to good professional employees' needs. In turn, it can play an important role in employee knowledge, tools, or techniques that engagement. Two main factors encompass office design: the brand allow you to work within your values and the company's culture. For a company, it's a case of "know profession. By contrast, soft skills are thyself" but also "know your employees". If possible, employees should behavioural skills which are useful not be consulted about their preferences. Above all, the chosen design only in professional life, but also in should reflect the company's image and help facilitate corporate goals. personal and social life. 2) Benefits and Perks - Consider the main age group of employees Soft skills are more important than you seek to attract and retain. Does your benefits package provide the your technical skills or hard skills for key benefits that people in this age group want and need? At the same your success in personal as well as time, it's important to make sure your benefits package doesn't professional life as they boost an discourage workers in other age groups. individual's interactions, work Employers who want to stand out should focus on more than just performance, and career prospects. benefits - job candidates seek perks that offer work/life balance or Soft skills training solutions are the recognition. Those types of benefits are nearly as valuable as need of the hour and must be modern, compensation, according to results of Science of Talent Attraction effective, scalable and digitally-enabled Study. The study shows that good location, flexible hours, benefits and for maximal outreach. This training is meaningful work were the most important attributes beyond needed by all organisations - compensation when people look for a new job. And with 71% of people government organisations, leading in the labor force actively looking for or open to a new job, a rewards private sector companies and culture can play a meaningful role in attracting candidates to your educational institutions across the company. Indeed offers unlimited paid time off to its employees. We world. BM

www.businessmanager.in 17 BUSINESS MANAGER | MARCH 2020 COVER FEATURE

Apurva Purohit Dr. Tripti Sharan Dr. Saagarika Ghoshal Reena Tyagi Mamta Saikia Manisha Nayar Vohra Sonal Kapur Sinha Priya Zutshi

WOMEN AT WORK

www.businessmanager.in 18 BUSINESS MANAGER | MARCH 2020 Interview

In coversation with Saagarika Ghoshal, APURVA PUROHIT an author, a business leader and a perfect woman at home speaks about maintaining work-life balance, handling workplace issues, motivating and leading people. Interview excerpts :

(L to R) Apurva Purohit & Dr.Saagarika Ghoshal We have to be the best WOMEN versions of ourselves everyday AT WORK

Apurva Purohit, President,Jagran Prakashan Group,Mumbai

You are a successful career person and a great Wife and Mother - How do you manage to keep the balance and what is the secret? COVER FEATURE AP I often tell women who ask me whether they can have it all, that yes they can, however not all of it at the same time! Thus in a career span of 40 years we will achieve all that our heart desires however at different points in time we will have to give priority to different things. The trick is to learn to prioritize what is important at that particular moment in time. Thus instead of balance if we strive for integrating all the different aspects of our lives and then between them picking what to focus on, I think we can succeed in whatever we set out to do.

About Apurva Purohit Apurva Purohit is an inspiring, powerful leader - difficult to resist or defeat. With over three decades of stellar experience in the media and entertainment industry, she has been named one of the Most Powerful Women in Business by the India Today Group and Fortune India. Embodying values of authenticity, inclusivity and hard work, Apurva is a leader to learn from - and admire - everything one can. Under Apurva’s leadership, Radio City has consistently been ranked 5th in India and 6th in Asia in the Great Places to Work survey. Apurva is also on the board of several for-profit and not-for-profit organizations.

www.businessmanager.in 19 BUSINESS MANAGER | MARCH 2020 The Boss Lady is always debatable in most of the Instead of balance if workplaces and given that, building team spirit to get results is often a difficult thing to do.Tell me we strive for integrating about a time when you had your greatest success. all the different aspects of our lives and then AP I will quote an anecdote from my book "Lady you re between them picking the boss" on what it takes to build teams in a an organization. what to focus on, I think The first time I became a business head in my we can succeed in COVER FEATURE COVER career, I had to lead an all-new, all-male team. Naturally I chose to make an impression on my whatever we set out to alpha underlings by bringing in an elaborately do. frosted cake garnished with icing and laden with pink rosebuds for our very first meeting together on a fine Monday morning. All the Rambos in the room clustered around the table, staring with horror at the cake as if it would What is the biggest work related detonate any second. A few moments ago these challenges you have ever faced, AT WORK AT testosterone infused creatures had been sizing up WOMEN their opponents and calculating how they would and as a successful career person jump over each other's carcasses on their way up you must have handled a tough the corporate ladder. Now they were internally work situation that you knew was groaning at the luck of having a female boss who coming - how did you prepare? wanted to use them as participants for her kitty What are signals do you watch party. out for that would tell you that a I ignored their glowering looks as I brightly urged situation has some possible them to dig in to the cake and began quizzing them implications or hidden agendas, about their weekend. They were eager to get started on presenting spreadsheets, tallying data and which would make it difficult to telling me of the revolutionary ideas they had handle? How do you deal with it? thought of which would catapult our small AP The toughest challenges any company into the big league overnight. But all I leader faces are typically wanted to know was how their weekend had gone, around transitions. When what movies they had watched and what fun either a company is changing activities they had done with their friends and hands from one owner to families. another or a new leader is With immense reluctance and much foot-dragging I coming. Equally today was allowed a peek into the human beings that lay companies need to transition behind the sharp suits and hungry ambitions that from one set of behaviours to populated the room. Obviously it was not just another set based also on the friendly conversations and small talk and we did get quickly changing externally to work eventually, much to the men's relief. But environment from periods of every Monday morning, without fail, there would growth to a period of slowdown be a cheerful fruity and flowery cake waiting at the or from an analog world to a table, signalling both the start of a hard working digital one. week and inviting a freewheeling chat to begin it I strongly believe a good leader with. can smell out when a transition It took many weeks and awkward silences for my is due. And she does that by macho heroes to reveal their inner softies, but it did keeping her eyes, ears and happen. The men in the room on that first Monday antenna open to whatever is only saw strangers and competitors when they happening in the environment looked at each other. But over a period of time they by talking to people, keeping a started seeing each other as friends, confidants and close watch on the ground teammates. The cake went from being an object of realities by reading and scorn to a symbol of community, friendship and listening. Unfortunately a lot of togetherness. Maya Angelou said, 'I've learned that leaders closet themselves away people will forget what you said, people will forget from reality by creating what you did, but people will never forget how you artificial barriers around them made them feel'. In the past three decades, many of and by having a very small the teams I've led have disbanded or evolved and circle of advisors. Keep changed. Yet my cake meetings have become the yourself open to receiving subject of folklore, filled with the nostalgia of signals from a variety of memories of working together, some of the sources would be my first piece victories we achieved, the failures we encountered of advice. Secondly a lot of and the joys and conflicts we shared which powered leaders get wedded to the us through both good and bad times. vision that they have created,

www.businessmanager.in 20 BUSINESS MANAGER | MARCH 2020 WOMEN AT WORK COVER FEATURE M B | MARCH 2020 | MARCH MANAGER and receptive to learning,and receptive and in good body your keeping - by health and good shape exercise, habits, good eating are mindful dressing important. you I think what take you much and how wear ofcare are appearance your important dimensions of the yourself. about think you way I also women As professional is a decorum there that believe to maintain. have we While independent thinking is good should practice it, and women can you this doesn't mean that to to work resort wear wear are. minded you free- how show The best and simplest organization any investment in ensuring that can make workforce in the stay women and do not quit, is to ensure enough visible are there that leaders.women When women models,see female role they get encouraged to and inspired stay, because the subliminal message they get the from women organization"that is - can succeed in this place. This is truly gender environment are neutral and there to do opportunitieswomen for well". powerful It is a very message. On the other hand you friendly women many have may ifpolicies however do not you leaders, women any have the message very is unsaid but that is that to junior women visible is a glass ceiling operating there in this environment. Simplicity of investing Simplicity of investing progressive the for in women organizations. AP BUSINESS BUSINESS 21 .in businessmanager www. little realizing that if that little realizing changing; is the environment too has to evolve.the vision in people operate Finally ofa mindset of - a manifestation lazy thinking is that so let us not being done it was always "This how is change it". them to carry This allows on in a comfort minds. their zone without applying 2-3 I think every must question everything, a leader years and start in the strategy zero base - including from she that herself crafted and ask tough questions might have on its relevance. not inflexible, Organizations are leaders are. We have to be the best versions of to be the best versions have We every ourselves can with to do the best we and push ourselves day been given. have skills and talents we whatever In context I think both internalthat and external is important.attitude positive mind your Keeping In my first job I had to work with a really terrible with a really work first job I had to In my boss. me time for challenging It was an extremely on the just focusing sanity by my and I think I kept hand,job at not with the determination I would that me leave. her to make allow with I think working bad our self-confidence is a very erode bosses who not mind leaving. should idea and we that However tough boss is bad.doesn't mean every There are tough, are bosses who a lot and that you teach who confidence. than diminishes your enhances rather leaders. with such should certainly stay We The trick bosses. to see this difference between is to be able is learning, there Wherever learn to not quit, of is erosion there wherever confidence, walk away. We need to hire teams who have the right skill and the right have teams who need to hire We talent, too. attitude and the right This is combination difficult to find.very get people who Sometimes you in teams. cannot work their job but at good very are lone hunters should be given such Ideally solo in nature, are assignments which that projects for. independently responsible they are created most organizations have Unfortunately where in nature hierarchical are structures which into becoming a manager translates 'growth' of people. structures to such need to dismantle We styles now. differentaccommodate working AP Piece of golden advice for working women (The working women for of golden advice Piece Do's and Don't) - especially on looking good, personally I so elegant both in always are to the way admire and personal life. professional AP At times,At difficult deal with to all required are we people and situations. demanding more even An factor be of reporting is to a difficult person. to Please tips which can keep and us grounded us a few give not QUIT. AP When you have someone who's "marching to their to someone who's "marching have When you getting them go about you do how drummer," own contributor? effective an become to Dr. Tripti Sharan, Senior Consultant,Dept of Obst & Gynae,BLK Superspeciality Hospital,New Delhi

Dr. Tripti Sharan, Senior Consultant, Dept of Obst & Gynae, BLK Superspeciality Hospital, Pusa Road, New Delhi shares the struggles women doctors, especially who are married and have children struggle to keep pace with the most demanding profession on earth. Here COVER FEATURE COVER she shares the ups and downs of it with us… Success, women AT WORK AT WOMEN and the other side of the coin

ouple of years back I came up with my first book, 'Chronicles of a Gynaecologist'. A woman- The untold story centric book, it focused on two sections of the It is especially difficult for women society I fought passionately for - women and who sometimes buckled under both doctors. I wanted people to understand their societal pressures and professional Cstruggle. I wanted to bare the harsh realities that breathe burden. Most hospitals are wary of behind the closed sanitized walls of a hospital. The book taking doctors who are pregnant. received critical acclaim but my mission was far from over. Doctors themselves got loaded with While most professions deal with machines and guilt for neglecting their families technology,medicine is the only profession that deals with especially children. It was not human beings. The human body is not a computer and unusual to see women taking a does not follow set rules. It still abounds with mystery,and sabbatical after child birth and their though we have been successful in deciphering it to an careers often lagged behind their extent, we are far from decoding all the secrets of this more successful male counterparts. masterpiece. Medicine remains a tough and demanding Contrary to popular belief, it was profession, fraught with litigations. In today's world where more practical for one of the spouses women safety is a priority, doctors were leaving their to be a non-medical person or have houses at the most ungodly hours, not caring for the rain supportive parents at home who or fog and still reach the hospital in time to attend to understood the weird routine of patients. Many hospitals didn't provide ambulance doctors. Doctors also need to be services and sometimes there wasn't enough time to wait vigilant about not foregoing their for it. Unaware, people never realise the toll it took on meals. A good habit is to always them and their family.There was money in the profession, carry a tiffin. They also need to take but it came at a cost. Most doctors paid it with their time. out time to exercise and beat stress. No wonder many young doctors were now opting for safer A 'my' time where you can indulge pastures as in migrating abroad, which gave them a better yourself with music, yoga or quality of life. meditation always works wonders. Moreover, not all patients came with a monetary It's very important for you to take a benefit. This was a community that bore the brunt of all break, once in a while to rejuvenate the ambitious plans of governments like the Ayushman yourself. Bharat, government panels like CGHS or the free services Success is very consuming but it's provided to the EWS category. To work unpaid or at a better to restrict work according to pathetic fee was a compulsion yet an exploitation of a your own circumstances. Group highly qualified profession that went unnoticed. The practice and working in one hospital nobility of the profession often violated their right to earn only is to an extent more relaxing with dignity. than being all over and doing

About the Author Dr.Tripti Sharan is a gynaecologist by profession. She is one of the most promising voices in the arena of contemporary English literature. She was adjudged ‘The Most Inspiring Gynaecologist in North India’ in 2018 by The Economic Times, Wonder Fogsian in 2019 at Mumbai and was also conferred the title ‘Global Youth Icon 2018’ by Writers Capital Foundation for her work in literature and in serving humanity.

www.businessmanager.in 22 BUSINESS MANAGER | MARCH 2020 everything. After all your health is your responsibility. most competitive exams in the Our healers need to be happy and healthy too. country. This all inspired me to write Fighting the odds about the world of medicine. In the process, I remembered my Lately, there has been an unprecedented rise of own journey; the patients who had violence against doctors. taught me beyond books, the seniors who had held my hands, the juniors The doctor-patient relationship was on a steep who had stood by me, the tiffs with downfall, leading to a deficit in respect and trust. the administration, the family that While Indian doctors were winning accolades had got sidelined. The tea breaks, the worldwide for their exemplary work, they have been sleep-deprived nights, and the first facing a lot of hostility at home. Rising commercialization cry; they all came rushing through. with entry of the corporate sector and the struggle to establish one's own practice with hardly any support from And I also remembered the the government often led to frustration and challenges we faced as women in our disillusionment. learning years. Last year in Kolkata, there was a face-off between the Barring gynaecology and junior doctors and the chief minister. An intern on duty obstetrics, every other department was grievously attacked by the angry attendants of a was presumably about brains. We patient. The protests spilled onto the streets and was a were pretty much projected as glaring example of the widening rift between doctors and midwives. Probably it was about public also showed how vulnerable doctors were, both being a 'women's department' and from the onslaught from the public as well as an apathetic therefore suffered from a gender government. insensitivity.The reality was so very different. A department that taught According to a study by the Indian Medical everyone about care during Association, over 75% of doctors have faced violence at pregnancy remained apathetic work. A lady doctor in Tuticorin was killed by the towards their own pregnant husband of a pregnant woman who was admitted in a residents, most of whom were serious condition. She was referred to another hospital overworked and their pregnancies but died before she could be shifted. The husband entered often got complicated. the consultation chamber of the lady doctor with three accomplices and attacked her with a sword. In 2014, in We saw pregnant women Mansa district of Punjab, a doctor's clinic was burnt down succumb to preventable diseases following the death of a boy who was referred to a tertiary such as anaemia, even as their hospital but died. husbands and relatives refused to donate blood. This was a world that One of the factors that contribute to this poor image of challenged you with stereotypes and doctors is the sensationalization of every news item, often misogyny.It frustrated as much with ignoring the crucial details that exonerate a doctor in an prejudices and the social bigotry as incident of alleged medical negligence. Suspicious, non- the fury wrecked by anaemia, trusting patients put doctors on guard. And defensive, haemorrhage, eclampsia and unsafe fearful doctors are not in the best interests of a country abortions. The pain of seeing young that still suffers from the deficit of doctors. It was not easy lives lost to preventable diseases left to be put on a pedestal next to God. One unintended deep scars. adverse outcome, you were brought crashing down! There was an immediate need to improve this relationship. One Medicine had its lows but was WOMEN AT WORK way of doing it is to increase awareness about the journey there any high greater than saving of medical students, which in turn, can increase empathy lives. towards the medical fraternity. The public needs to be The book, House of Doctors made aware of how medical students survive in reveals a side of the profession that redundant infrastructure, poor resources, an environment few can ever comprehend, as the of unreasonable expectations from society,yet stay strong medical students take upon and compassionate. unforeseen challenges and push new boundaries in their quest to be known as lifesavers! It is an endeavour to empathize The learnings though COVER FEATURE with the doctors, understand their Draconian examinations, endless studies, long duty dilemmas and sacrifice before we hours with no reprieve, and endless pressure to be always judge them for their failures. It talks right! It's not easy! While literature abounds with books on about the grit and tenacity of a the lives of engineers, IIT students, lawyers, politicians, doctor who survives in a world full of sportsperson, soldiers, there were very few that told the hope, anxiety and disease, yet stays story of doctors. This was despite the number of years compassionate and rises victorious. that medical students give to their profession. It easily It is an ode to the most noble takes up to ten years to become a specialist. It takes two profession who sacrifice their whole more years to become a super-specialist and a couple more life to the care of humanity in a years for practical training. battle where they are pitched up A medical student is expected to provide exemplary against no ordinary force but the medical service, while appearing for the toughest and almighty. BM

www.businessmanager.in 23 BUSINESS MANAGER | MARCH 2020 Dr. Saagarika Ghoshal, Country Manager,Top Employer Institute,HR Leader and author, Ex-Board Member and Director HR,METRO Cash and Carry,Mumbai The author makes out case in this article that incidences of sexual harassment at workplace have to be handled in such a way that promote inclusive work culture and safer workplace for the employees. COVER FEATURE COVER

The dirty picture of

AT WORK AT workplace WOMEN

External Circumstances can only cause you physical pain. accusers in exchange for their Suffering is created in your mind. silence. I would like to believe that -Sadh guru most employers now take allegations of sexual and ethnic harassment t is paradoxical that I have been on various committees in my seriously and show no tolerance long drawn professional career and what I understand from when presented with credible cases. statistics is that almost every woman has gone through some sort of harassment at the workplace once in her lifetime. It What should you do as an took me a long time to talk about this subject not because I empowered HR person : fearedI anything but just that feeling of awkwardness, it really seemed like a double-edged sword. The Me too movement on In an ideal world, anyone who Facebook creates a shift on how victims come forward and It experiences harassment at work equally got me and many more thinking. Those unwilling to stay would head directly to the human silent any longer illustrate what's happening with this avalanche of resource department. But the reality disclosures is more than just a show of strength. To be honest it is sometimes far-fetched. "HR is not really sent shockwaves to many to see the Me Too movement! Some your friend. HR will not help you." called it an overreaction? But isn't it time for something that is long I have heard it so many times. I overdue because most women and some men have endured and have always felt that the inability secretly suppressed their hurt and fear for decades? And all it takes stems firstly, from where the HR sits is for any individual to realise that it can always happen again and on the organization chart, not denying cause pain if you are not super vigilant, and being a bit relaxed at the fundamental conflict when the HR the work place. Probably even after years of experience in the doesn't have a place on the board and Corporate World, I didn't know how to deal with this issue in a non- is accountable to even finance judgmental manner. Breezing through my career journey as an HR function. Secondly,from the skills and leader, I have had various mixed bag experiences - some good and competence of the HR person and some bad dealing with sexual harassment at the workplace. lastly,gender also plays a role in these Sometime, a genuine case and sometime, just to settle the score power dynamics- HR managers and - with the man/woman. This dirty picture of the workplace is called God forbid- if they are women, means sexual harassment which probably no one wants to see at the alarms over harassment might be met workplace. Although, it certainly deserves its long overdue with skepticism by the male- attention, it has mostly been treated like "water cooler" talk - The dominated leadership. It's an topic is hugely an under reported epidemic. Ironically the society underlying aspect of what happens we live in would rather like to stand for dignity of the queen who when you're bringing complaints and has long gone down in history but they hide behind the door when issues against the majority. But all it comes to saving the dignity of fellow women colleagues at their said and done, one cannot deny that workplaces. Despite significant progress and national attention HR is at the heart of all the workplace being drawn on the issue of sexual harassment at the workplace, issues. Ideally HR should strive to there are situations where the accused are the individuals on whom handle any investigation about the success of the business depends. Too many companies sweep harassment complaints in the allegations of unparliamentary behaviour and actions under the workplace in the most sensitive and carpet, sometimes even pay out substantial sums of money to professional manner. Ensuring the

About the Author Saagarika's board affiliation and HR track record spanning two decades across a spectrum of industry sectors that include Telecom, Financial services, Aviation, Media Entertainment and Retail. She is also MD - Matchboard LLP and holds the distinction of being covered by Business Today as one of the Next 30 Most Powerful Women in Indian business and the 50 Most Influential HR Leaders in Asia. An alumnus of Stanford, she is known for leading transformation and Innovative people practices and her expertise lies in helping organizations foster a culture of Diversity & Inclusion, leading due diligences for M&As, Organization Development and Corporate governance for boards.

www.businessmanager.in 24 BUSINESS MANAGER | MARCH 2020 enforcement of the consequences when it is necessary, you are help if more than one employee certainly loved and hated for how you deal with the workplace issue. complains of harassment or if the Being an HR person is the toughest when you are handling such a accused is a high-ranking official in situation and especially when there are clearly no defined rights and your business (like the MD, president wrongs. No matter what, please remember the pivotal role that you or CEO). The accuser has publicised as an HR professional play to protect your employees and also the complaint, either in the workplace making sure to preserve your company's reputation. There are, of or in the media; the accusations are course, no guarantees about anything in this World, but I have extreme (allegations of rape or assault, always felt that having a clear cut approach can at least help you feel for example); or, for any reason, you that you did all that you could to intervene and will lessen the stress feel too personally involved to make a from doing nothing. What are you supposed to do when abuse, fair, objective decision. Once you have harassment or any inappropriate behaviour is reported? decided on an appropriate course of Seven little steps on how to navigate when it does happen : action, act swiftly,record it thoroughly, and notify the concerned person. Establish procedures. Be pre-emptive, even if you have most Understand your role and act congenial work environment. accordingly. Never forget that you Establishing processes and defined written policies on the are the HR! So even if someone tells subject is a must. If you have an employee handbook or any other you that she is sharing an incident as documented policies relating to discrimination and harassment, a friend and she doesn't want you to follow those policies to the core. Do not open yourself up to claims take it further or she doesn't want to of unfair treatment by bending the rules. You should enforce a share with anybody else because her written anti-harassment policy. If it's breached, an employee family doesn't support it, as the HR should be encouraged to file a complaint. Person please notify all seniors and Educate yourself. Brushing up your knowledge and keeping take appropriate steps. Also do not yourself updated on local as well as laws of the countries you are forget to apprise the employee, who operating in is always a plus point. Doing some research on the may have been wrongly accused, the law of discrimination and harassment - what it is, how it is proven same courtesy of follow-up, in court, and what your responsibilities are as an employer will documentation and penalties. Ones always keep you in a confident environment and you will add learning don't end even after many value to your employer. years have passed because every experience is a new one and every Deal with respect and compassion. It takes a lot to complain curve in this job educates us on new about harassment. More than often than not one finds it scenarios that may turn up later.Wish extremely difficult to complain about discrimination or lists keep changing with time but I harassment. They feel vulnerable and afraid of the consequences strongly advocate that, it's also time to and most of the times families do not support it. This can have an voice the concerns of men at the impact on their personal lives, career, the quality of their work workplace. And with my experience I and it can also lead them to seek outside assistance. It is always can say that, the committees should be important to make your employee feel that they are dealt with gender agnostic about sexual respect and compassion. The bottom line is whether an employee harassment at workplace. I am a great comes to you with a seemingly small gesture or a complaint about believer in being anticipatory and pre- major egregious conduct, you are legally required to look into the emptive but once an incident has matter and engage in a prompt and thorough investigation. occurred one must face it and resolve Consider not to retaliate it in the fairest manner you can in It is very human to retaliate but unless the investigations are your own capacity. Even today there over, it is always good to be neutral and keep your lips sealed. It is are many cases of sexual harassment against the law to punish someone for complaining about that have gone unnoticed or no action has been taken for the fear of discrimination or harassment or judge the person who has been WOMEN accused before the trial. A fair trial is a must so before any humiliation at ones workplace and AT WORK conclusive decisions it is better not to take any sides. The most intimidation made by the superiors obvious ways of retaliation are termination, disciplinary actions, influence against the person. Mostly, demotion, pay cuts, or threats to do any of these things. Also the rest are mute bystanders who inform the employee that you need to know immediately about choose to get entertained and gossip any retaliation, purported retaliation, or ongoing harassment as opposed to stepping back and experiences if any. stepping up by adding to the strong voice or voices against harassment at Record everything the workplace. I know it's stressful Get the person tell you the whole story in his or her own words. but sticking to your gun gives What where how witnesses if any,anything and everything which tremendous peace of mind. Lacing it COVER FEATURE is relevant. The investigation and documentation should be by lending support to the fair side comprehensive. Investigate every complaint you receive. Don't will always give the right signals in come to any conclusions until your investigation is complete. Also the organisation and create a lasting make sure you keep the management in loop of the minutest and fair organisation culture. Not details. Look for corroboration or contradiction and make sure much has changed over the years and everything is in black and white. the notion that things will change Seek help overnight would in fact mean to allude to a different resonance. I Consult with the seniors and the legal team to ensure that you are really hope that in the times to come looking at the whole situation fairly based on the evidence you have. it becomes evident that organisations Make sure that the advocates and your management supports the are making efforts towards creating direction you are taking, you may like to consider hiring an inclusive work culture and safer experienced investigator and you might want to bringing in outside workplaces for their employees. BM

www.businessmanager.in 25 BUSINESS MANAGER | MARCH 2020 Reena Tyagi, CHRO,ManipalCigna Health Insurance Company Limited,(Formerly known as CignaTTK Health Insurance Company Limited),Mumbai

Organizations must take steps to thwart biases so that the presence of unconscious gender bias in an individual does not inevitably translate into prejudices in the workplace. To overcome the obstacles, organizations need to assess unconscious gender bias COVER FEATURE COVER in their operations and measure its impact on their teams. Breaking barriers : AT WORK AT WOMEN The unconscious bias in the workplace

orkplaces are becoming increasingly more gender equality by establishing diverse in this century. Today, we are family-friendly policies and enabling operating in a volatile, uncertain, complex, women's careers and professional and ambiguous (VUCA) world - and it has networks. become imperative for the organizations to In a workplace these biases can Wsupport diversity and promote inclusion. Unconscious impact hiring, developing and talent bias can be one of the key impediment in driving Diversity retention decisions. These biases in organizations. can also lead to lack of inclusivity Unconscious Bias stems from deep-rooted values and and nurturing of a transparent social conditions in which we have been brought up. These environment which welcomes biases can be very subtle and difficult to spot and address. diverse views. This can have a Research suggests that we unconsciously label people longstanding impact on organization and things using easily perceived standards such as age, culture. Decisionsbased on anything weight, skin color, and most commonly, gender. But we but capability and cultural also categorize people based on their sexuality, disability, alignment are detrimental and accent, educational level, social status, and job title, prevent the organizations from spontaneously allocating presumed qualities to anyone we having 'Best in Class' talent. These subconsciously put in those groups. This more often than biases can sometimes even impact not leads people to make assumptions about them and take business decisions like eliminating action based on those biases. This results in a tendency to or choosing market segment. rely on stereotypes, even if we do not consciously believe Perceived discrimination can also in them. affect several elements of employee life cycle, such as commitment, job It is not uncommon for women to face Gender bias at satisfaction and work tension. It can workplace. It is one of the most common bias that exists in at times lead to distrust, lowered self- our society. This is an involuntary and automatic mental esteem and a bigger possibility of association constructed on gender, stemming from good people exiting the organization. traditions, values, norms, culture and experience. Automatic associations flow into decision-making, At ManipalCigna, we value the allowing a hurried assessment of an individual based on differences employees bring to the gender and gender stereotypes. Globally, women are workplace. These differences under-represented in organizations and the share of enhance our ability to serve our women declines as we go up the pyramid. customers, and make meaningful changes in our communities, and With people slowly becoming conscious of this ongoing deliver new and innovative health issue, many companies have shown their commitment to insurance products and services.

About the Author A HR leader with over 25 years of expierence, Reena a passionate about people agenda that is aligned to strategic objectives of organisation. She has been instrumental in setting up the operation and building ManipalCigna a “Great Place to Work.”

www.businessmanager.in 26 BUSINESS MANAGER | MARCH 2020 ManipalCigna is committed to diversity and inclusion. We 'courage' in the employees is ensure that every member of our team feels a sense of imperative, to be able to speak up if belonging and is able to reach their fullest potential. they face bias at workplace. Diversity and inclusion is a valuable asset to us and one It is also important to we have and will continue to leverage to help accelerate institutionalize our processes to our business journey and provide access to quality prevent such biases to seep in. healthcare to millions of people in India. Relying on panels to take decisions To make making continued progress, it is important to rather than individuals is one of create a culture where everyone feels included and able to the ways to prevent individual contribute. Thus, organizations must take steps to thwart unconscious bias impact decisions. biases so that the presence of unconscious gender bias in Decisions based on hard numbers an individual does not inevitably translate into prejudices and data prevents any unconscious in the workplace. To overcome the obstacles, organizations biases to impact decision making. need to assess unconscious gender bias in their operations Leaders taking special efforts to and measure its impact on their teams. demonstrate inclusivity to We should not forget that Conscious biases are easy to groups/individuals where there is a handle, it is the unconscious bias which has far reaching potential of facing bias is another impact and is more difficult to address. These biases are important way to deal with this.

People's propensity to mental associations from upbringing, social values and discriminate against a group or type WOMEN AT WORK culture. Countering Unconscious biases needs conscious of person may not be deliberate, but efforts. Awareness and acceptance that these biases exist they can still do something to change is a good first step towards ensuring we create healthy it. The more people are open to ideas, diverse workplaces. With the acceptance in organizations images and words that defy negative that diversity is critical to their success, this is a good stereotypes, the less prejudiced they starting point. will be. The aim of diversity is This consciousness begins to 'tip' people's unconscious simple : to warrant that everyone into the conscious where they can be fully aware and has access to the same opportunities begin to manage the bias and its effects. No matter how and the same, nondiscriminatory

unbiased people think they are, they may have subliminal treatment. To demonstrate COVER FEATURE negative opinions about individuals who are outside their commitment to Diversity it is own group. But the more exposed people are to other important to have a 'Diversity Policy' groups of people, the less likely they feel prejudice against which clearly states organization's them. stand on the subject and what is It is important for leaders to lead by example and have expected of employees with respect open dialogues around unconscious biases they have faced to this agenda. or how they have accepted and overcome some of these A company's diversity policy biases in their own minds. To listen to the employees and should reflect in every facet having forums where employees can share their of the company that unconscious experiences in the organization is also very critical. bias does not have any chance Experiences can be different in different context/places; to bloom anywhere and is hence it is important to know the unconscious biases that mitigated efficiently in the can exist in your workplace. Instilling the value of workplace. BM

www.businessmanager.in 27 BUSINESS MANAGER | MARCH 2020 Mamta Saikia, Chief Executive Officer,Bharti Foundation,Gurugram

I have been working with village-based Head Teachers and women teachers in Bharti Foundation's Satya Bharti School Program. It has been an awe inspiring journey as I have very often encountered experiences and stories that both inspire and drive me. The story COVER FEATURE COVER is all about women leaders in our villages, their challenges and triumphs.

AT WORK AT Women leaders WOMEN in rural India

aani was pacing up and down her room and while we work with disadvantaged practicing in her head on how she would sections in the villages, it is a matter convince the Sarpanch (village head) to fill up of pride for us that almost 50% of a small ditch near her school. It was full of our students are girls. But what is dirty water and had become a breeding ground more satisfying is that girl students Rfor mosquitos. It required money and she would have to have over 90% attendance at school - enlist the support of the entire village Panchayat it shows the importance being given (council), an unenviable task. to their education by their parents. Raani belongs to a simple family of the same village, In the Class X and XII Board exams the first girl to secure a job from amongst all her relatives. this year, the pass percentage of our She was a good teacher but shy and a bit tentative. Her job girls was over 96%, against a required her to face difficult situations, to take tough calls national average rangingbetween and to ensure that her School, students and staff 88% to 92%. When our students go performedto their best potential. She had recently been out and compete in state or national promoted as a Head Teacher and the transition was a little level competitions, over 60% of the tougher than she had imagined. She was being enabled awards, scholarships or admission and mentored but every day brought in a new challenge in meritorious schools are cornered and some of them sapped her of energy by the time the by our girls. Our girl students School's last bell rang. occupy over 50% school-leadership positions - be it House Captains, Vice I am sure many of us have lived through trials like Captains or Class Monitors! Just last Raani's and gone through similar experiences at some week, a boy and girl from one of our stage or the other during our careers. schools cleared the Foundation Test I have been working with village-based Head Teachers for Chartered Accountancy. Both of and women teachers over the past 15 years in Bharti them are from underprivileged Foundation's Satya Bharti School Program. It has been an backgrounds. The girl is the awe inspiring journey as I have very often encountered daughter of a woman who cooks such experiences and stories that both inspire and drive mid-day meals for our students! This me. So, I want to talk about women leaders in our villages, all is so heartwarming… their challenges and triumphs. We believe that this is happening Bharti Foundation has set up over 190 village based in our schools because apart from schools, which provide quality education to the program design that looks at underprivileged children, absolutely free of cost. We make encouraging and empowering the sure that school-age girls in our villages are in school. So, girl child, we have women teacher-

About the Author Mamta has worked on the issues of rural education, sustainability, disability, animal rights, women’s issues and HIV AIDS etc. and also served as the Chair of SAFRG and has been on the Board of Resource Alliance, UK. Mamta has been honored as 2019 Influencer Leader by AACSB International. She was also among the 100 Women Achievers of India (2015-16) under an initiative by the Ministry of Women & Child Development, felicitated by the Hon’ble President of India.

www.businessmanager.in 28 BUSINESS MANAGER | MARCH 2020 leaders in our schools, who serve as role-models for these girls. In our village schools, 53% of the Head Teachers are women. But this has not happened overnight. It has been a In villages, family members strategic talent identification and mentoring program, which has an added element of encouraging and and elders not only provide motivating women to take up leadership positions, if they exhibit the required attributes. Our potential leadership an excellent support system candidates are exposed to and trained in our school- to our young teachers, but processes, to build their competence. When they assume leadership assignments, they are bolstered through also have a strong influence regular hand-holding. Our women leaders are changing mind sets about what women can achieve. Their on family decisions. performance and dedication to their job is helping communities see the potential of young girls once given an opportunity. It is not surprising that over 90% of our parents are planning for higher education for their visiting a teacher at home and I daughters as they can visualize a future where she can found her mother-in-law helping her fulfil her potential. create a teaching aid for the next When I talk to our Head Teachers and women teachers, day's class. In that moment, I saw they point out three very critical things that help them women from two generations coming perform up to their potential in Bharti Foundation. These together, to value the importance of are : respect as a professional; a sense of safety provided the teaching profession and to share by a robust complaint redressal system; and fairness& each other's responsibilities. transparency in our HR processes. While these are Our Head Teachers and women important for all professionals, these but they do matter teachers and are not only bringing more to our women teachers. I have heard stories where about a paradigm shift in the unmarried teachers have asked their parents to find them villages of the role women can play a groom in a village where a Satya Bharti School is located, in society but along with the entire so they can continue their job with our schools. It is a sign school team are actively working of great empowerment, when a woman makes her career a towards creating a better future for key component of decisions about her future. And to be so underprivileged children of their confident about her place in the family and society,that she villages! My salute to all the teachers is able to put forward her point of view about her future. In wherever they may be - in villages or villages, family members and elders not only provide an in cities, as they are actively excellent support system to our young teachers, but also contributing towards building our have a strong influence on family decisions. Once I was future generations! BM WOMEN AT WORK COVER FEATURE

www.businessmanager.in 29 BUSINESS MANAGER | MARCH 2020 Manisha Nayar Vohra, Head - Corporate HR,Delhivery,Gurugram

We as workplace managers and organizations constantly need to come up with strategies to remove impediments for women and create a more actively inclusive space as we drive to create more balanced COVER FEATURE COVER workforce.

AT WORK AT Why women quit WOMEN organizations?

ringing more and more women into workforce Specific roles do see higher has been the focus of most organizations in last women exits. When it comes to high few years. However, retaining them has become travel roles or roles involving remote Bequally if not more important. places, this again plays against While women are entering organizations in far bigger women. I have seen some really numbers now however they are also leaving at a higher talented women moving out of rate especially nearing middle to senior level. business development & sales roles as they just couldn't keep up with the As most organizations are driving diverse workforce, travel that men could. there is even a more acute issue that there aren't just enough women to move to critical roles or senior levels, I recall my own case when my kid leading to a fresh cycle of gaps when changes are not being was younger and had to travel, I driven by them. would only do morning-evening flights even if it meant waking up Is there a need to look at women retention in a different straight for 20 hrs. I am sure most way? Perhaps yes because women while broadly may leave women find their ways to deal with for the same reasons as men, but the intensity &nuances these situations but do need solid do vary,along with let's just say an added set of reasons. support system at work and home. While most would like to believe that women are not as Office environment is another ambitious as men, in my experience women instead tend stronger factor for women compared to weigh the career move across combination of factors, to men. An aggressive culture may hence reasons like career growth may not apply as sometimes be extremely strongly if they are at particular life stage. Let's say for a uncomfortable for women. A male young mother, a supportive environment or flexible hours dominated team may have a comfort will hold key to retention, whereas a male employee may to interact in way which may put off take a bigger leap. or completely be disconcerting to Career breaks for family are also more common to women. women. While we are seeing a trend where men are While trying to be diverse the willing to be equal participants, women continue to be organisations and specifically teams bear heavier load of taking care of the family - children or forget to be inclusive. even the elderly. In past I am reminded of one case You can get support for child care but would do it of a women team member saying, directly for ailing elders, as one woman colleague why are all team parties late in the explained when sharing her reasons for exiting.

About the Author Pass out of University Business School, 2003 Punjab University, with 16+years of experience in handling responsibilities covering varied HR spheres, Manisha has worked with Bharti Airtel and then Macmillan Education India lead as Director - Human Resources.

www.businessmanager.in 30 BUSINESS MANAGER | MARCH 2020 evening? I miss out on so much information being shared at that point. Women are consciously or Women are consciously or more often unconsciously left out of social bonding because they end up skipping more often unconsciously 'buddying post office hours', socially this may just not happen in a natural fashion. Men end up having better left out of social bonding team bonding leading to better stickiness with organisations in such cases. because they end up It's for the leaders to reach out to women team members skipping 'buddying post to ensure they have found a voice and are integral part of teams and unconscious discrimination is avoided. office hours', socially this The teams are skewed at top levels and hence the may just not happen in a issues. Even in the recent report from World Economic Forum, percentage of Firms with Female top Manager is natural fashion. merely 14% (The Global Gender Gap report 2020, Gender disparity in the workplace - World Economic Forum). Closer home out of every 100 CEOs and managing directors of While maternity law now helps companies listed on the National Stock Exchange, only women take that necessary time off about three are women, and this has been the case since for a longer period, at work this has 2014 in a study published by Economic Times in 2019. meant higher catch up to be done Another aspect that I come across in way women & men when a woman is back. She might work is having difference in a finite sense of time. While find her peers move ahead of her women want to close and move off, men have a tendency to and this can lead to frustration and linger and take breaks and socialize more before then stress at work which in fact becomes finally get down to real business. Women do encounter detrimental if not handled right. issues on travel safety in real world and this in itself Women should seek active becomes reason when working hours stretch in a team mentoring and support if their that is dependent on each other. organization does not formally WOMEN AT WORK COVER FEATURE

Additionally while we have protective laws for sexual provide to tide over this. harassment at workplace, one does come across cases We as workplace managers and where women want to leave the organization or teams, as organizations constantly need to they feel it's the best way to address the situation instead of come up with strategies to remove even reporting this. Women across especially at senior impediments for women and create a level have responsibility to address such an issue while more actively inclusive space as we the rest of the team leaders need to ensure a comfortable drive to create more balanced working space. workforce. BM

www.businessmanager.in 31 BUSINESS MANAGER | MARCH 2020 Sonal Kapur Sinha, Head - Human Resources Modern Foods,Gurgaon

The Mommy Burnout is real and like any other it is less physical and more emotional. Remember you are not alone and this shall pass. Her's she takes us through her commendable and inspiring journey… COVER FEATURE COVER

The mommy burnout AT WORK AT WOMEN

even years back, I had a fairly positive view of my ability to multitask, to make decisions, to toil, to ace it Need for validation all; and then, I became a mother. I don't even have the From high performing employee I memory of the first 7 days; then once the haze lifted, became someone who would often and the reality of a little being anchoring on me for life wonder if my manager understood my itselfS dawned. I no longer was the boss of my life. The seconds commitment to work, after all, I would became shorter or the ask longer, I still can't say. But suddenly I never miss work, even when my child couldn't handle more than a project (read the baby) at a time, was running high fever. In my bid to get

hip couldn't make a sure-footed decision and tired out just from a trip back my place, I remember taking on all to the kitchen. Months passed, I learnt quicker than I imagined, that came my way. No points for to toe the line the little one drew. Just when we had set a rhythm, guessing that the output never met my the 12 weeks were over and I found myself back with the faces I own benchmarks. Somewhere down the knew so well, all so happy for me and to have me back. My tired line, thanks to my profession, I became eyes and slow walk were received with knowing nods and soft my own coach. I discovered that this assurances of "things only get brighter". need for validation stemmed from my shrunk sense of self-worth. I knew I Always late guilt had to get myself back. For me it was a fitness journey. I gave myself 6 months Today I pride myself on just how I managed the work and the to get my stamina back and voila! I was feed breaks, remembering to eat in between (thank heavens in love again with myself. I have run breathing is automatic!). Back then, the first word into a room two 10Ks in the last 1 year and I just was not a greeting, but 'sorry'. I was just never on time even if I picked up a winner trophy in my had not allowed myself the snooze. For two years this went on. favorite sport. I find my kids taking to Rising up the little one early in the morning, hugging away a fitness and sports too. separation melt-down or attending to a simple 'I want mumma", with one anxious eye on the watch to "Beta! please rush, mommy Juggle it all can't be late again", I despaired thinking of those glances when I would enter the workplace all hassled, unkempt and head My own mother gave up work to be sinking with the 'always late guilt', till I taught myself to around us. My childhood memories are prioritize time above all. I realized that when I tied myself to filled with her 24/7 presence and most of schedules, life ran like clockwork. It pushed the little one to be all fresh home-cooked food all the time. more independent and me less procrastinating. (This ensured My perfect motherly mould is that. I am that when the second one came, I was absolutely in control and a not sure what trade-offs await me as a happier person to be with). working mother in the years ahead, for now I have been meaning for months to Care giving bake cookies at home for kids because the mom next door never gives her child The most humbling lesson of motherhood was learning that packaged food! I don't have a fix for this it is alright to seek HELP. I truly understood the meaning of, "It one, I just strive to give my 100% wherever takes a village to raise a child". I am. The Mommy Burnout is real and "I can't join a start-up as much as I want to", "I can't travel, how like any other it is less physical and more will he sleep without me", "I can't expect the grandparents to run emotional. If anyone reading this is after them at this age"; I had tied myself in so many misplaced feeling it and wants a way out, remember beliefs. you are not alone and this shall pass. The I spoke up, I sought help and I was amazed at how eagerly the other side has a wholesome, accomplished father, the grandparents, the friends, the siblings walked into the self who makes a difference wherever she rink. It made the little one more social, more playful and me is and means the world to those little more relaxed. beings. BM About the Author A mommy to a first grader and a preschooler,Sonal Kapur Sinha has been an HR practitioner for almost 14 years; for Sinha has been an HR practitioner and a preschooler,Sonal Kapur grader A mommy to a first leaders anchoring last 6 years. for roles HRBP,ER including & IR experience in areas she has multi-faceted Law in Labour in HR and Masters An MBA Development, & People Organization Management and Rewards, Performance in Pharma, HR Systems and Analytics having worked Manufacturing, and FMCG Industries. Retail www.businessmanager.in 32 BUSINESS MANAGER | MARCH 2020 Priya Zutshi, Sr.Manager,Group Sustainability,Mahindra,Mumbai It is important that corporations not only incorporate the Sustainable Development Goals (SDGs) into a business's core operations, but also envision a powerful role that women leaders can play as accelerators toward the goals in unlocking the new market opportunities that exist. Women leadership and partnership in delivering SDGs

n recent years a lot of conversation has taken place on country like India are especially sustainable development goals and how we can go about important to have. This perspective can achieving them. Adopted in 2015, the Sustainable broaden and deepen the executive IDevelopment Goals (SDGs) also known as the Global goals, board's insight making it more effective were adopted by all United Nations Member States as a universal and agile while responding to a broader call to action to end poverty, protect the planet and ensure that all agenda. people enjoy peace and prosperity by 2030. India has been on the So how can one active this for forefront of not only taking commitments on the goals but also on the companies? You will need to identify their performance front. Among other things the goals have enabled LED unique talents, understand what they movement in the country to go viral, enabled appliances to become bring to the work environment to best highly energy efficient, becoming the most energy efficient cement enable their success, and then ensure that manufacturer in the world and aggressively driving the creation of their voices are heard. We will need to renewable energy capacity. A lot of opportunities are being seen in identify women who can work asmentors, the implementation of the goals. Business have also become aware of role-models, networking groups so that their potential. According to several studies including a report by the very culture of workplaces change. Business & Sustainable Development Commission achieving the Thus, the need to not only incorporate the Global Goals could lead to an estimated US$12 trillion in market Sustainable Development Goals (SDGs) opportunities in four economic systems : food and agriculture, cities, into a business's core operations, but also energy and materials, and health and well-being. This makes them pushes businesses to envisiona powerful interesting for business as it helps deliver on all the 3 P agenda of role that women leaders can play as people, planet and profit and thus the concern in part for how to accelerators toward the goals and in effectively deliver on them. On a different note another concern area unlocking the new market opportunities for business have been the lack of women leadership and that exist. An essential point is that participation in corporate world. Quoting world bank figures in 2019 women are more than beneficiaries of the

- Women made up 48 percent of the Indian population while it has the WOMEN

Sustainable Development Goals, but AT WORK lowest female labour force participation rates in the world. Less than leaders in driving SDG action and a third of women - 15 years or older - are working or actively looking implementation. Women's leadership is for a job. A global study by Deloitte identified Indian women as central to delivering the goals as it could holding 12.4 per cent of board seats and just 3.2 per cent of board propel today's business into a new era - an chairs in 2017 (Deloitte, Women in the Boardroom: A Global era that champions a long-term Perspective - Fifth Edition). And with this abyssal performance what perspective and places profit on equal is at stake? A report by Business & Sustainable Development footing with positive social and Commission titled - Better Leadership, Better World: Women Leading environment impacts. Changing for the Goals, found that business teams that are gender - balanced business-as-usual about leadership will with women in leadership roles have competencies in areas that are require a change in mindsets. There's an COVER FEATURE important to business growth and sustainable development : long- economic prize in both the SDGs and term thinking, innovation, collaboration, transparency, women's leadership. Like there is environmental management, and social inclusiveness. aneconomic prize for businesses that And hence the connect between the two issues. The report invest in the SDGs there is a payoff in makes the case that greater diversity and female leadership women's leadership : According to deepens these competencies, which then accelerates sustainable McKinsey research, investments in and longer-term business opportunities in line with the SDGs. workplace gender equality could add $28 This is because of their innate sense of finding solutions to very trillion to the global annual GDP by 2025. complex problems and are often impacted the most hence their So why not capture both by investing in leadership and participation vital for the success of SDGs. Women women's leadership for the SDGs? This is in leadership role have unique set of life experiences which in a a win all situation for sure. BM About the Author Priya has over 15 years of experience in the communication space, a bulk of which was spent as a communicator in the social sector space. She has worked across diverse communication verticals including internal communication, public relations and media advocacy in the NGO and for profit sector. www.businessmanager.in 33 BUSINESS MANAGER | MARCH 2020 Women at workplace Opportunities & challenges

It's not exactly the glass ceiling but the broken rung which is the mainframe barrier restricting women participation at the top. Fewer women receiving promotions as we move upwards in the hierarchy is the essence of the broken rung.

Sanjeev Himachali, Principal Consultant and Talent Strategist,Ecliptic HR Solutions Private Limited,Pune

e have had enough of talking and discussion about the dismal conversation with senior-level condition of gender diversity in the corporate world, still, there management during their course of isn't any progress worth mentioning. Though the participation of working with the company. This figure women at top-level management has seen some rise in the number is about 27% with men. This still the number is far from equality. What makes the situation communication gap though not directly Weven worse is the constant assurance from big companies that they will make sure but indirectly has effects on career that they bid their goodbyes to gender bias at top leadership and still not being advancement opportunities. able to present any significant change. 4. Women are having 18% fewer chances Not the "Glass Ceiling "but the Broken Rung" than their male counterparts to receive a promotion at the entry-level. Over the past few decades, it was found out that it's not exactly the glass ceiling Motivation and promotion desire have but the broken rung which is the mainframe barrier restricting women nothing to do with this statistic, women participation at the top. Fewer women receiving promotions as we move upwards also have the same level of the urge to in the hierarchy is the essence of the broken rung. When a reduced number of receive a promotion. women are promoted at relatively higher management there can never be equal 5. When women were asked about their participation of women. But this phenomenon has undergone considerable peers or working companions, it was alterations in the past year or two, the findings of the reports are presenting a found out that 20% of them were the strong case for women being likely to receive a promotion if they are worthy of it. only female employees in their group. Moreover, it is better to have corporate sponsors who can advocate your side and This ratio is 40% when we talk about present your case more firmly before the management. senior-level executives. This again is a highly discouraging statistic. Findings 6. Close to 50000 women have to quit their jobs or they are forced to do so when This report by McKinsey & Company and LeanIn.org is made after receiving they are expecting a child. At the feedback from around 600 companies and consulting a million employees, so the majority of small-scale private facts presented by this report are backed up by extensive research. companies, there is no such concept of maternity leave, they don't sanction any 1. A mere 22% of women representatives at the C-suite executive. The ratio is remuneration to the female employees almost equal (with 48% women employees) at the entry-level, but as we move to during their maternity leave and it's the top in the hierarchy ladder, we find that the gap is wide enough to attract quite difficult to make a comeback to attention. As per the report, there are 38% of managers, 34% of senior the same position. managers or directors, 29% of VPs and 23% of SVPs as far as the percentage participation of women is considered. 2. Every second woman at the senior level management has fallen prey to sexual Other hurdles harassment. To be precise 55% of women employees at senior posts have reported some or the other kind of sexual harassment. This percentage is 35% Women of colour : Only if it was not with women in full-time corporate sector Jobs and 45% with those in technical enough to experience parity against a fields of employment. It is believed that this percentage, in reality, is way too particular gender, we have instances which high than it appears, it's just that many of them fear to accept that they are confirm that there is further being harassed. discrimination among women based on 3. 49% of women reported that they never happened to indulge in any their colour.Women from foreign countries working in the institution are more likely

www.businessmanager.in 34 BUSINESS MANAGER | MARCH 2020 WOMEN AT WORKPLACE : OPPORTUNITIES & CHALLENGES to fall prey to this. The voice of coloured of harassment. This is where the whistle-blowers and journalism industry will women is likely to be ignored by corporate come into play.It will fall on their part to join forces against it. managers. 2. Employees will be more vocal regarding their Wage pay : Women are likely to earn demands : Over the recent past, we have witnessed a trend that co-workers are only 76 cents for every dollar earned by a standing tall against any kind of discrimination with their mates. We will male employee of the same grade. Women witness protest methods like Public walkouts and open letters to management are not paid on the same grade as men are more often. Most of the managements fear such mass protests, they find such paid, although they are expected to protests against the wellbeing of their organization and try to solve them. perform the same duties. 3. Absenteeism : This has remained as a primary area of concern for the Gender a barrier to advancement : employers. Women consider their household as their primary responsibility The McKinsey & Company report revealed and are committed to it. This often leads to absenteeism. It is almost certain that as many as 27% of women admitted that the problem of absenteeism will remain, and we will continue to that their gender will stand as a barrier experience negative work attendance. between them and a promotion. The 4. Job pay : Women receive lower pay than their male counterparts, this has been reasons for such feelings can be varied and a trend in the past. As per a report, a woman gets 76 cents for the same job for we are not getting into it. But give it a which a male gets a dollar. Though this practice is harming the interests of the thought that hoe discouraging it is to find working class still we expect that it will remain like this. There is no such huge out that just because you are not of the dissatisfaction among women on this topic which can erupt in the form of a dominating gender you will end up not huge movement. receiving a promotion. 5. Luring career fields for women : The career fields that were once male dominated are now opened up for women as well or we can say that women Probable future have presented their firm candidature for those fields. Clerical positions, administrative jobs, nursing, teaching, social work, and retail positions are the challenges fields where we can see the domination of women and this will be a common feature in 2020 as well. But here's a catch the overwhelming participation of Though automation and artificial women in the aforementioned fields has turned those fields less appealing and intelligence are against the workforce thus less paying. as a whole but women are a tad more 6. Women-owned businesses : Women have their flexibility expectations from exposed to it. The reason being the their respective jobs which are often not met. This serves as a strong motive for majority participation of women in the them to switch to their businesses and that will be experienced increasingly in workforce being in the lower- and 2020. middle-skilled jobs. It's known to all 7. The gig economy - an appealing alternative to formal employment : that due to automation most un-skilled Women always complain about inflexible working hours and tiresome weekly and semi-skilled workers are likely to work routine. The gig economy presents them with the opportunity to furnish be axed. The OECD has forecasted that their part of responsibility with the organization they are connected, remotely. in the coming two years automation Some examples of such opportunities are online education portals and women will render 11% of women who are drivers. In such cases, they are their bosses and can effectively cater to their currently employed jobless which is 180 household needs. million female jobs. There is a visible global gender digital What leaders have to do? divide. Women in the workforce are not well versed with the internet. The With leaders, we meant the top-level management of any institution. It largely percentage of women using the internet depends on their will that women will be a mainstream part of their organization Is 12 percent lower than the proportion or they will continue to act superficially. of men using the Internet worldwide. Corporate leaders should not only consolidate Gender-disaggregated data but This percentage goes down even further also take meaningful insights from it. This can be ensured by practicing pay- in underdeveloped countries. In gap dashboarding, having strict training, re-skilling, and up-skilling programs. underdeveloped countries, only one in Women entrepreneurs need to be encouraged. Women-owned businesses seven women is capable of using the around the world should be provided with an ample amount of resources and internet. It is almost next to impossible funds wherever needed. We Connect International is doing such funding for to stick to your job unless you are not years. backed by sound digital knowledge. Job absenteeism for women is an area of great concern and also a big stumbling block in the road to their success. Employers should provide them with flexibility in terms of working hours. This can be achieved through job- Few probabilities sharing, part-time employment and work from home arrangements for women ahead wherever possible. Sexual harassment has emerged as a serious issue that seeks immediate We have another year to try and get address. Employers should constitute dedicated departments to look into such over gender parity which is the topic on affairs and make sure that they provide women with a safe working which consensus is reached very easily at environment. every woman empowerment debate. Employers always have the excuse that they don't receive equal female 1. The stigma of Sexual harassment representation at the time of onboarding. For this particular issue, they need to will continue to be there : Though it organize Employer-sponsored training and education programs that will isn't pleasant at all to accept, the harsh enroute them for a befitting career in the field best suited to them. May be in reality is that there aren't enough the technology-related positions too. BM measures adopted to combat the causes

www.businessmanager.in 35 BUSINESS MANAGER | MARCH 2020 Women for Women let’s make this work

Women in today's times are breaking every conceivable barrier. Let's change the paradigm - let's root for & help other deserving & competent women, not because of the gender, but for their ability & resolve to make a difference.

Dr. Aparna Sharma, Board Member,Thought Leader,Best Selling Author & Motivational Speaker,Mumbai

rom entry level to C-Suite, women are underrepresented in for you in this corporate jungle. Deploy all organisations, have lesser opportunities to advance than men, face more means that you have. Don't worry about barriers to senior leadership like biases & stereotypes, experience an morals and values. Nobody really cares. All uneven playing field & fight biases related to balancing work & family, is fair to get what you want!". This has see a lack of senior or visibly successful female role models & not stayed with me very strongly as "what not to enoughF leaders sponsoring highly qualified women, the reason that hold women do" & "not to be". Doesn't matter if no one are many.This is what people keep repeating all the time. It's like flogging a dead cares, I surely do about my values & what I horse! When I go down memory lane to think of my role models & people who have stand for. There have been many occasions supported me in my personal & professional life, I call them "Anchors". through my career all these years. This is Everyone naturally recounts & talks about family & while that was true in my one thing I have been firm on & proud of. No case too, I also reflected on books, other people in my environment & What Else? compromise for whatever may be at stake. All of us encounter obstacles or face challenges in our lives. As the challenges I pose this question "Do you care?". Are become complex, quite naturally, we feel the need for motivation. While self-help the means as important to you as the end? and inspirational books are available aplenty,most of them sketch the journey of to all readers. Again the question is gender the who's who or celebrities whose advice, though genuine, is difficult to follow for agnostic. Here is another instance about common people. I have always pondered - why should we take inspiration from another strong lady in the network who celebrities alone? Since it is human nature to share and learn from others, why not introduced the concept of "What Else?" to seek advice from ordinary but experienced people around us, who can guide us me. It's not always about being good at your effectively and practically to resolve our problems? job, following the rules and working hard I really thought hard about my various encounters & experiences with women etc. "What Else?" is about making an effort professionals, pleasant & unpleasant both but more so, delved deeper into the to learn & know more about the industry, learning from them. During my career so far, I have had women as seniors, peers business, stakeholders, external & subordinates, however never had a lady boss so far. However, I have been a lady environment as well as about networking boss for long. There's so much I have learnt from each of these categories of within & outside and understanding the women - "what to do", "how to be" & most importantly, "what not to do" & "not to unwritten rules of the organisation. It's be"! Some great lessons from a very senior lady professional very early in my about the stretch efforts you make towards career are : all these which are over & above your job needs. That's how you stand out. 1. Always put on YOUR OXYGEN MASK. 2. Make YOURSELF the NO.1 option in your life. And in the case of women, it's not about 3. BELIEVING IN YOURSELF is mandatory. "looking smart". It's about "being smart" that 4. Don't be afraid to be vulnerable. makes you distinct. Women in today's times 5. Put your hand up & VOLUNTEER even if the task may seem hard. are breaking every conceivable barrier.Let's 6. Surround yourself with people who will STRECTH YOU. change the paradigm - let's root for & help 7. Raise your son how you would want to be treated & raise your daughter like the other deserving & competent women, not strong boys! because of the gender, but for their ability & resolve to make a difference. Let the tribe These are great things to remember & practise as we work hard to find our way grow! Let's pledge to sponsor other women in the corporate maze. who want to shine by sharing our light. So However, having observed her mannerisms & behaviour for a while, during my that years from now, when someone like me impressionable early career years, I engaged in an open discussion with her asks the question in a discussion like this, regarding morals & personal values. This was during the time when there was no everyone is full of positive & pleasant awareness regarding POSH (Prevention of Sexual Harassment at Workplace) or no experiences & we are able to visibly see the trace of the #Me Too Movement. What she shared was shocking. "No one will stand difference around us. BM Reference http://www.aparnasharma.in/articles.html *http://www.businessmanager.in/women-as-agents-of-change.php March 2016. **Let's not make Men out of Women, March 2013.

www.businessmanager.in 36 BUSINESS MANAGER | MARCH 2020 Is my mind under control?

The author helps introduce the readers NLP and explains how our mind work and how we can make it work to our benefit.

Sandiep Grovar, Coach & Managing Partner - HR Consulting Division,possiblers.com,Mumbai

TV anchor once asked Martina Navratilova, "How do you Richard Bandler, who taught maintain your focus and manage to keep playing, even at the age the world about Neuro Linguistic Aof 43?" Programming (NLP), says that Her suave response was, "The ball doesn't know how old I am." our mind is like a person, who is chained to the last seat of a bus In his excellent book, "Still Power", Sports Psychologist Garret and the bus is being driven by Kramer says that a key factor to performing well in sports (and in life), someone else. We are, (well most is your ability to control the quality and quantity of your "internal of us are) therefore, prisoners of dialogue". our own brains. In other words, you need to stop yourself, from stopping yourself. Wouldn't it be nice to have full Let's understand this phenomenon in more detail. Unlike many of control over this bus - else it will us, our brain refuses to sit idle - it's like a machine without an "off" run randomly on its own or other switch, continuously "on". If we don't give anything to it - it will find its people will find ways to run it for own stuff and will continue to work till it gets bored. us. Interesting part is that our brain does not care about what it's up to. This is what NLP is all about. We may care, but the brain does not. Let's presume that we have had a Learning to use our brains in a bad day at work and we are headed back home in the evening. Now in more functional way. The our conscious mind, we are wanting to come out of that situation. But problem with our brain, as our mind will probably say, "Oh no - let's replay it again"!!! The more we Bandler points out, is not that it think of coming out of that situation, the more we are deep in there. At takes time to learn things - the times, this situation can ruin many days at a stretch. problem is it learns things too Many of us have this unique habit of pondering over some bad quickly. Let's presume you are experience that happened long back - and the mind, well the mind loves having a bad thought and you it. It almost tells us - "Great! you have another hour to kill before its wish to take that thought away - lunch time, so let's re-visit the whole episode". Our mind seldom misses right? But who planted that out on any details. Who said what and what was I doing, who else were thought in the first place? The there and what would they think about me, etc. etc…We definitely have brain has almost instantly put a a terrific memory? brand-new thought having layers of issues and we didn't even This happens because we let our minds go wild. Come to think of it, notice. For example, someone has we spend more time learning a new machine or an equipment than we a phobia of heights - do you have do on learning how to use our brains. The question here is to remind that person to be afraid If we have a terrific memory when it comes to remembering past of heights? No - it is almost unpleasantness - why can't we, deliberately correct some of that ability instant. That person would be for more useful experience? petrified, the moment he/she

www.businessmanager.in 37 BUSINESS MANAGER | MARCH 2020 IS MY MIND UNDER CONTROL?

approaches anything related to feelings and decreasing brightness usually decreases the intensity of heights. feelings. It's obviously no coincidence that we associate our mood with Let's try a simple experiment - brightness - "I am feeling bright today"!!! think of a past experience that Now, the NLP experts can help us intentionally increase or decrease was very pleasant, perhaps an the brightness of these internal images in order to feel different. experience that you haven't Another basic and short experiment that NLP experts try out is to, thought about in a long time. ask the participants to think of a real bad experience, an unpleasant Pause for a moment to go back embarrassment or disappointment and take a good look at the movie to into the memory and be sure that see if it still makes you feel bad. If it doesn't - try another. you see what you saw at that time when the pleasant experience had Next, start that movie again (in your mind) & as soon as it begins, put happened. You can choose to close some nice loud peppy music behind it. Listen to the peppy music right your eyes, if that helps - in my through till the end of the movie. case, it helps. Now watch that original movie again - does that make you feel better? As you look at the pleasant For most of you, it will change a tragedy to a comedy and lighten your memory, I would like you to feeling about it. change the brightness of the If you have a memory or feelings that make you annoyed or angry - image, and notice how your put some peppy music to it and chances are that bad memory or feeling feelings change in response. First would not be that bad any longer. In case you still don't feel better about make it brighter and brighter (till the memory - try and change the music to your liking and see the the time you are able to clearly changes. see the image) and then make it Another exercise is to watch the bad experience movie once and then dimmer and dimmer, until you watch it playing backwards. You may require little practice to do it - but can barely see it…..Now make it it is doable. It's like saying a sentence backwards - it changes its brighter again. meaning. Chances are you will not hate that experience with that How does that change the way intensity. you feel? There can always be NLP is a vast science and the intent of writing this article exceptions but majority of us, was to introduce to the readers and also explain how our mind work when we make the picture and most importantly how we can make it work to our benefit. brighter, our feelings will become In case you are keen, you should read more about it on the stronger. Increasing brightness internet, there is quite a stuff available or find a good NLP coach to seek usually increases the intensity of help. BM

www.businessmanager.in 38 BUSINESS MANAGER | MARCH 2020 Tapping the undertones of WOMEN EMPOWERMENT

Expected results can be achieved only by acknowledging the value of the female workforce and not waiting for policy-level compliance amendments to make such provisions. For this to happen, we need a radical change in women empowerment enforcement approach. Companies need to go beyond compliance and take up gender- gap bridging as their own initiative.

Samruddhi Bhaid, Community Worker at Youth For Democracy,Mumbai

e live in an era when men and women are well-represented in all psychologically metamorphose to conform to sectors. Well, at least notionally. The past two decades have seen a the male-centric approach. This, then policy-level transformation of workplaces and industries with a erroneously translates into a standard work remarkable surge in the number of women professionally engaging culture expectation rather than being a and succeeding in their career. And despite this euphoric painting personal choice. Empowering doesn't only Won display pan-industry, things are not so rosy after all. So what's wrong; more mean a personality makeover, but also correctly,what's lacking? making space for all its kinds in the team. To answer this, we need to first acknowledge the current scenario of Indian Consequently, the need is to enable workforce. Here are some contextual statistics : empowered women to efficiently perform all Only 23.6% of women aged 15 and above participated in the labor force in 2018, their duties. compared to 78.6% of men, in India. By 2027 the working-age population in India will be almost 20% (18.6%) of the Compliance vs. Initiative entire global labor force. Yet, in 2018 only 26% of the companies surveyed by A lot of companies today are accepting WEF had hired women in the top-five job roles. women employees along with their personal As per a WEF report, women earn only 65% of what their male colleagues earn responsibilities. It is about time that for performing the same work. businesses cease treating women, especially Of India's 158 largest companies, women hold only 15% board seats (much those who carry the responsibility of their below the global average of 20.6%) and an alarming 6% on the board chair. family, as a liability. They should rather be viewed as a bankable investment. Policy vs. Practice According to a McKinsey report, increasing women's labor force participation by 10 While broadly all companies align their policies for inclusion of women, percentage points could add $770 billion to execution of those policies is often inefficient. For instance, it is now binding for India's GDP by 2025. This value needs to be all companies registered under the Companies Act and the Factory Act to provide tapped by Indian companies in earnest. Top home drop service to their female employees after the office hours. Although players have already acknowledged this fact sometimes, smaller companies make the arrangements so inconvenient that the and have started initiatives like Women's female employees have to voluntarily opt out of the service (for which forms are Leadership Development Programs; a kept ready!) and travel on their own, with reimbursements applicable. While this pivotal step in enabling women's process complies with the norms, the purpose of ensuring women's safety is professional excellence and efficient undermined. In fact, inadequately flexible policies like lack of extended maternity leadership of organizations. It is now time leaves in case of health concerns, priority conundrum between job demands & for others to follow suit. Expected results family needs, etc., lead to higher attrition among women. Increasing intake can be achieved only by acknowledging the without proper retention strategy would only serve as a leaky bucket solution. value of the female workforce and not Further, it is seen that women who have succeeded and reached senior level waiting for policy-level compliance positions have compromised volumes more of personal priorities than men on the amendments to make such provisions. For same ranks. This speaks about the organizational structure being fundamentally in this to happen, we need a radical change in favour of male psychology. Where the female policy & its execution lag is in women empowerment enforcement understanding the working female psychology and tweaking workplace policies to suit approach. Companies need to go beyond their needs. If India truly needs to include all genders in its economic progress, merely compliance and take up gender-gap providing equal employment opportunities and creating discrete policies will not bridging as their own initiative. After all, an suffice. The need is to gain their confidence in the corporate (and industrial) organization is a family of heterogeneous framework to create an environment conducive for them to perform, to appreciate professionals. Each member has a rightful their identities and priorities and to align the company culture to accommodate them place and deserves extended support. That fully. If our readers have watched the Pixar short film Purl, they'll be able to relate defines a truly inclusive workplace. better.Female employees need to be accepted in all aspects as equals; be it their nature, Evolutionarily itself, women have mastered way of work, personal commitments or approach towards solving problems. A lot of managerial skills & who better than them to times, the management fails to address this aspect and lauds female employees who lead the family! BM

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Solutions provided here are in context to narrated facts & not in general. delay, whether the default is regular or intermittent, whether it is prompted by certain conditions beyond the control of employer or employer is in habit of such default.So such factors are to seen by the EPF authority before passing an order LINE imposing damages.The factors depend on each case.

Anil Kaushik Management Expert -HR & IR

Q.Can management keep an employee on probation for an indefinite period?

Ans. No! Though it depends on the terms and conditions of the appointment and service rules/certified standing orders of the establishment, but employee cannot be kept on probation for an indefinite period. All.HC in the case of Indian Oil Corporation Ltd.Vs.R.P.Garg 2015 (145) FLR 93; 2015 LLR 666 ( SN) has held that where neither at the time of appointment nor at the time of termination, there were Employer cannot have lay-off for indefinite period. no certified standing orders of the corporation, the model standing orders will continue to operate.And when there is conflict in between the terms of appointment and model standing orders, the terms of model standing orders will Q. What is the maximum period for which employer can declare Lay- prevail.In this case the term of probation off? was mentioned as of six months in the Ans. Chapter VA and VB of Industrial disputes Act deal with Lay off along appointment letter whereas in model with other matters. Chapter VA is applicable on industrial establishments standing orders it was only 3 months. employing more than 50 and less than 100 workmen, whereas Chapter Term contrary to model standing orders VB is applicable on establishments who employ more than 100 would not have any binding force, so in workmen, but in both the chapters there is no provision specifying such case the employee would be about the minimum or maximum period of lay off that can be done by deemed to have confirmed after employer.The law is silent about it. However, second proviso of Sec. 25-C completion of three months of probation gives an option that the employer may resort to retrenchment after 45 period. Bombay HC in the case of days period of lay off and the amount so paid as lay off compensation Subhash Vitthal Pise vs.Childrens' Film may be adjusted against the retrenchment compensation. Society of India 1998, LLR 852 has held that when society rules permit One more thing needs to be understood that the very idea of lay off continuation of maximum period of generates from a situation beyond the control of employer that is probation of six months after initial period temporary and not indefinite. So, lay off should come to an end after a of one year then employee stood reasonable time and should not continue for indefinite period. Under confirmed on the expiry of 18 months the guise of this provision, by declaring lay off, employees cannot be left from the date of promotion and would be unattended to lead their life on 50% compensation indefinitely. entitled to all consequential benefits.All. HC in the case of Micro Abrasives (India) Ltd.Vs.Dhanvir Singh 2001 LLR 737 has held that longer period of probation Q.What factors EPF authority considers while imposing damages for mentioned in the appointment letter than default in EPF contributions deposit? that of model standing orders would not make the appointment invalid itself but Ans. EPF authority considers many factors while deciding to impose the employee would be deemed damages on defaulting employer.Delhi HC in the case of Dentsu Marcom confirmed after the expiry of the period of Pvt.Ltd Vs.Central Board of Trustees,Through APFC, Delhi 2019 LLR 469 probation as mentioned in model has held that the determinative factor is mens rea which means intention standing orders. of the employer in delayed deposit of the PF contributions.In such absence, the damages can be on lower side .Other factors are period of

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If ESI is paid wrongly or with a copy to the to the controlling in excess, employer is authority.Employer is also under legal entitled to take its obligation to pay the amount with in 30 days.All.High Court in the case of Kraft refund Palace vs.Appellate Authority.2013 LLR 254 has held in the same direction. Though there is also a provision about giving a notice by the employee to the employer demanding gratuity in prescribed format but that will not absolve the employer from paying the gratuity amount on the ground that the employee has not submitted the LINE application for demand of gratuity.Delhi High Court in the case of University of Delhi vs.Tahel Ram Bellani 2015 LLR 555 (SN) has so held.

Q.Whether the amount deposited wrongly/ in excess in ESI, can it be refunded back to the employer? Q.In case of accident, is employer liable to pay the treatment expenses incurred Ans. Yes! Karnataka HC in the case of Regional Director ESIC, by the employee? Bangalore vs.Management of Shagil Precision India 2009 LLR 72 has held that when an appeal is filed before the insurance court under Ans. Yes! Under Employees’ Sec.75 against the order of ESIC authority and court comes to Compensation Act, employer is under conclusion that such contribution was wrongly taken by ESI legal obligation to reimburse the authorities, it is competent to order refund of such amount to the expenses of treatment incurred by employer.In this case the employer paid amount to contractor for employee because of accident caused construction of new building which included cost of material, during the course of employment.The machinery and other expenses.On all such payment ESIC made provision of sub-Section (2A) of Section 4 employer to pay ESI contribution which employer challenged on the of the E.C.Act has made this provision ground that all such payment cannot be termed as wages. after amendement of 22/12/2009.Delhi High Court is the case of Mohinder Pal Singh vs.Upender Paswan 2017 LLR 371 has held that Commissioner under the Q.Is female employee entitled to full maternity benefit period even E.C.Act will not consider the payment if her service contract comes to an end automatically in between made to the employee or his dependents the maternity benefit period? on account of medical treatment expenses while passing an award of Ans. No! The life of any service benefit comes to an end with expiry of compensation. service contract.No benefit is accrued to employee after the service period.Delhi HC in the case of Dr.Artiben R.Thakkar vs.Delhi Pharmaceutical Sciences & Research University 2018 LLR 1293 has held that when the employee service contract expired in between Q.Till now we were having manual but was extended for further period of two months to enable her to attendance system of employees but avail her maternity benefit of 12 weeks, she cannot claim further now we want to switch on to benefit of 26 weeks in view of the amendment in the Act because her computerised attendance system based service contract came to an end with the end of academic session. on the software.Will it amount to Court held that the employee is not entitled to 26 weeks maternity change in conditions of service and benefit since also no other person was appointed in her place. require to give notice under Sec.9A of I.D.Act?

Ans. No! Madras High Court in the case of Q.Are we as an employer under legal obligation to inform the Hindustan Unilever Employees’Union employee and concerned labour department authority about the Pondicherry vs.Inspector of Factory 2010 gratuity amount to be paid to him when he leaves? LLR 878 has held that introducing computerised attendance system will not Ans. Yes! Employer is under legal obligation as per Sec.7 of the come within the purview of Sec.9A of the Payment of Gratuity Act to calculate the amount of gratuity when an I.D.Act. BM employee leaves, and inform in writing to the employee concerned

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From the Court Room

Manveer Singh vs. M/s. Mohan Nursing Home and Hospital. Abandonment 2020 LLR 124 (Delhi H.C.) There will be no abandonment when management did not write any communication to workman to resume duty Adjudication when he was absent, did not reply to the notice of the workman, no enquiry was conducted and no evidence No dispute award passed by Labour Court rightly restored produced before labour court. by High Court when application of workman for such Reinstatement is justified if management has not produced any restoration on the ground of failure of employer to fulfill evidence to substantiate its stand that workman voluntarily left his commitment to settle the dispute was dismissed by the the job. Labour Court. Plea of management that workman abandoned his job on his own Filling of application on 9.7.2017 for restoration of no dispute is not sustainable if the management has not sent any letter to award, passed on 2.6.2008 and published on 12.3.2009, by a new the workman for resuming his duty when he became absent. Advocate with a fresh Vakalatnama and another application Non-replying demand notice of the workman by the management that matter has been settled and workman does not want to may attract adverse inference against the management. proceed further, indicate that something must have happened between the parties in respect of settlement. Plea by management that workman left the job voluntarily only in written statement offering reinstatement, if workman so Contention of the workman that he did not file statement of desires, would not justify abandonment of job by the workman. claim in view of the fact that the process of compromise with the employer was going on and assurances were given for If management did not write any letter to workman to resume settlement by the employer but ultimately the employer refused his duty when he stopped reporting for duty, termination of to settle the matter, is having sufficient cause. services of the workman will be illegal. Labour Court had noticed from the documents that workman If management does not substantiate its stand that workman was blind but no satisfaction was recorded by the Labour Court abandoned the job on his own through an independent witness regarding settlement, in the enquiry before the court, such a plea would fail. Rejection of application by the Labour Court only stating that Without holding an independent enquiry to prove reason for delay not sufficient, not proper abandonment on the part of workman, termination of services of the workman is illegal. In 'Haryana Suraj Malting Ltd. vs. Phool Chand, AIR 2018 (2) LLN 555 (SC) it is held that for an award to become binding, it When workman was neither given appointment letter nor should be passed in compliance of principles of natural justice termination letter, delay of six months in raising demand and award which is nullity shall not be binding. notice could not be treated as inordinate delay justifying rejection of industrial dispute. Sugna Ram vs. Birla White Cement. 2020 LLR 19 (Raj. H.C.)

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In case of illegal termination of casual labour,granting lumpsum Award compensation in lieu of reinstatement is a proper relief. Any relief in award beyond terms of reference cannot be Quantum of compensation depends upon various factors like allowed to sustain and liable to be set aside. length of service, nature of work, last drawn wages, paying capacity of the employer etc. etc. Fictional breaks in service of a workman is not justified. Superintendent Engineer and Another vs. Ram Sanwar Singh It cannot be believed that workman remained absent for a and Another.2020 LLR 56 (All. H.C.) month or two and again allowed duty without issuing him any show cause notice. Granting seniority and continuity in service from initial date Contract Labour of appointment by ignoring concept of fictional breaks in service by Tribunal is justified. When offence is committed by a company and not made a When reference has not been challenged on account of delay party to the proceedings, it is liable to be quashed and latches and issues framed in this regard by Tribunal have initiated against an individual. not been pressed by Management before Tribunal, it is not open As per Section 27 of the Contract Labour (Regulation and for the management to challenge the same in writ petition. Abolition) Act, 1970, provides limitation of three months for The Executive Engineer,HPPWD vs. Shri Amar Singh. 2020 LLR filling the complaint. 59 (H.P.H.C.) As per Rules 74 and 78 of the Contract Labour (Regulation and Abolition) Rules, 1971, in absence of name of company as a party to the proceedings, the very initiation of proceedings Back Wages against the petitioner, entire proceedings are liable to be quashed. Grant of back-wages is not automatic. Workman has to Randeep Mahajan vs. State of Karnataka. 2020 LLR 37 (Kar.H.C.) plead and establish that he remained unemployed during the period. Regularisation of contract workers not to be done in public sector unit being amount to back door entry. When dismissal/termination is held illegal, the workman is entitled to reinstatement with or without back wages and other To establish employer-employee relationship, the test to be consequential benefits. applied is supervision and control and not payment of wages or maintenance of attendance registers. Awarding back wages is not automatic with reinstatement. Workers of contractors working for several years cannot be For entitlement of back wages, workman has to plead in his regularized in service of principal employer. statement of claim that he remained unemployed after his dismissal and prove the same with the aid of cogent evidence. Workers of contractors, at the most, can be regularized in service with contractors. Mere taking a plea of non-gainful employment in affidavit in evidence or deposing in examination in chief would not make Without any public advertisement and without giving an the workman entitled to back-wages. opportunity to public at large to compete for post in question, no public appointment could be given to anyone. Munni Bai Sen vs. M.P. State Agriculture Marketing Board, Bhopal. 2020 LLR 22 (M.P.H.C.) Regularisation of contractors' workers in the employment of principal employer will tantamount back door entry which is When neither management established that workman not permissible in law. was gainfully employed nor workman established that he was not employed, declining back-wages would be proper. Vice-President, Regional Committee, C.C.L. Janta Mazdoor Sangh Ray vs. Project Officer,Ashok Project Piparwar.2020 LLR When the management did not produce any evidence that 60 (Jhar.H.C.) workman was gainfully employed during the intervening period after his termination from service and on the other hand Notification prohibiting contract labour employment workman failed to produce any evidence that he could not get without complying Section 10(1) and (2) of Contract employment despite his efforts, declining back wages by the Labour Act is liable to be set aside. Labour Court is justified. State Government is empowered to prohibit contract labour M.P. Road Transport Corpn. and Another vs. Rajendra Tiwari. system in any industry or its division/department under 2020 LLR 134 (M.P.H.C.) Section 10(1) and (2) of the Contract Labour (Regulation and Abolition) Act, 1970. If the workman refuses to accept an offer of reinstatement made by employer during pendency of While issuing such notification, the State Government is under proceedings, he is not entitled to seek full back wages. an obligation to comply with the provisions of Section 10(1) and (2) of the Act. Manager, M/s. Liberty Bar and Restaurant, Nagpur vs. Umesh Nilkanth Meshram. 2020 (164) FLR 520 (Bom. H.C.) Any notification issued without compliance of mandatory provisions of the Act is not sustainable. Management, Karnataka Power Transmission Corporation Ltd. Compensation vs. State of Karnataka and Another.2020 LLR 162 (Kar.H.C.)

Compensation and not reinstatement is proper for casual labour. Court Powers Termination of services of a casual labour without compliance of provisions of Section 25-F of the Industrial Disputes Act, Labour court is empowered to try the validity of the 1947 is illegal, attracting reinstatement with back-wages. enquiry.If enquiry not held valid by the court, it is for the employer to request the court to allow to lead fresh A casual labour not engaged against sanctioned vacancy,or not evidence to justify enquiry. following procedure for valid recruitment, not be granted reinstatement since it would be a back door entry. Labour Court have wide power under Section 11-A of the Industrial Disputes Act, 1947 including to try/test the validity of enquiry.

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Management may ask for an opportunity to adduce a fresh makes the order/judgment perverse liable to be quashed. evidence before the Labour Court, if enquiry is not found valid Section 58 of Evidence Act postulates that things admitted need by the Labour Court. not to be proved. Management has a right to avail itself the opportunity of An employee cannot raise dispute of his date of birth at the fag adducing fresh evidence before the Labour Court by moving an end of his career as per law in Hindustan Lever Ltd. vs. S.N. application before the close of the proceedings and without Jadhav, 2001 (4) SCC 52. making such effort by the management, it can make no grievance later on that Labour Court/Tribunal did not provide Assam State Fertilizer and Chemicals Ltd. and Others vs. State such an opportunity to it. of Assam and Others. 2020 LLR 57, 2019 (4) LLN 144 (Gau. H.C.) If employer relies only on enquiry finding and does not lead additional evidence or ask for an opportunity to do so and Disciplinary Proceedings Labour Court decides the enquiry 'not held properly', it is not function of the Labour Court to invite suo motu the employer To disagree with the findings of the Enquiry Officer, to adduce evidence to justify enquiry held by management. disciplinary authority has to record reasons thereto. Labour Court is also empowered to record its own findings to Failure to do so and appointing second Enquiry Officer its own satisfaction. for conducting further enquiry will be invalid. Labour Court may set aside the order of dismissal, passed by When the disciplinary authority disagrees with the finding of the employer, award reinstatement to the workman in such the Enquiry Officer, it has to record reasons thereto and failure terms as it thinks fit. on his part to do so would make his otherwise observations illegal. M.P. Road Transport Corpn. and Another vs. Rajendra Tiwari. 2020 LLR 134 (M.P.H.C.) Without recording reasons for disagreeing with the finding of the Enquiry Officer, appointment of second Enquiry Officer for Court need not to use discretionary power to reinstate the conducting de novo enquiry is not sustainable. bank employee dismissed for the misconduct of misappropriation of money. In enquiry, requirement to When the enquiry finding is set aside, the workman is entitled prove guilt is preponderance of probability and not a to relief of reinstatement with back-wages. proof beyond doubt. When the employer has neither pleaded nor proved that In a departmental enquiry requirement to prove guilt against appellant/workman was gainfully employed during the the delinquent employee is preponderance of probability and intervening period, the workman is entitled to back-wages. not proof beyond reasonable doubt like in a criminal case. When the termination of services is held to be illegal, denial of When it is proved that amount was received but not deposisted back wages without recording any reasons thereto would by the respondent-cashier, it is no ground that signature or seal amount to indirectly punishing the employee and rewarding is not legible. the employer which is not the object of the Industrial Disputes Act. In banking service, honesty and integrity are important factors to be considered. Considering the fact that employee has already received superannuation and litigation has taken a long time of 15 In bank public trust is involved hence for misappropriation of years, a lumpsum compensation of Rs. 5.00 lacs to be paid to public money,punishment of dismissal is justified. him by the Management is justified. Misappropriation of public money is a grave and serious Jayantibhai Raojibhai Patel vs. Municipal Council, Narkhed & misconduct. Ors. 2020 LLR 1 (S.C.) Syndicate Bank, Udupi vs. Smt. Meenakshi R. Shetty. 2020 LLR Disciplinary proceedings would be illegal and proper 164 (Kar.H.C.) when initiated lower in rank to the rank of the employee Using discretionary powers to grant reinstatement out of and punishment order passed by higher rank officer than mere sympathy is not justified. that of employee. Any sympathy by the Labour Court granting reinstatement Disciplinary proceedings, initiated by Disciplinary Authority, using its discretionary power under Section 11-A of the lower in rank to the rank of delinquent employee and order of Industrial Disputes Act, 1947, on the ground of length of punishment passed by Officer of higher rank than that of service or going to retire shortly is not justified in view of not Disciplinary Authority as well as that of delinquent employee is only proved repeated allegations of pilferage but hitting the legal. Checking Officials with the slippers. Punishment order is illegal if it is passed by Disciplinary Awarding reinstatement is not justified to a workman who is Authority,lower in rank to the rank of delinquent employee. found guilty of repeated allegations of pilferage and hitting the An authority higher in rank than that of Disciplinary Checking Officials with the slippers. Authority may pass an order of punishment in disciplinary Considering gravity of grave and serious allegations pilferage proceedings. and hitting the Checking officials with the slippers, Canara Bank and Ors. vs. Kameshwar Singh. 2020 LLR 120 punishment of dismissal is not disproportionate to the gravity (S.C.) of misconducts. Departmental enquiry proceedings are not quasi- NEKRTC Gulbarga and Another vs. Vithoba. 2020 LLR 167 (Kar.H.C.) criminal. Strict stand of proof not required as in criminal law. Charge standard proved on the principles of Date of Birth preponderance of evidence. Charge (s) in enquiry proceedings stands proved on the Employee cannot raise dispute of his date of birth at fag principles of preponderance of evidence and not on basis of end of his career. Labour Court should have considered strict proof of evidence as in a criminal trial. admitted documents of workman about date of birth and Misconducts by employee include breach of rules and not school certificate. regulations governing service conditions, moral turpitude, Non-consideration of admitted documents relevant to the issue misbehavior, insubordination, indiscipline etc. etc. necessary

www.businessmanager.in 44 BUSINESS MANAGER | MARCH 2020 RECENT IMPORTANT LABOUR JUDGMENTS to be checked for maintaining peace and safety of employees at upheld by Ld. Single Judge, by the Division Bench, without the workplace. reasons is not justified. Judicial review in respect of domestic enquiry is maintainable Departmental circular can't be taken effective retrospectively if findings of the lower authority/court are not based on some by the Court. evidence to sustain the charge of misconduct. The Depot Manager APSRTC (Now known as TSRTC) vs. N. When delinquent was given full opportunity to cross examine Danaiah. 2020 LLR 119 (S.C.) the complainant, the finding of enquiry would be fair and Dismissal justified for dis-orderly and riotous behavior. proper. Punishment of dismissal from service imposed upon workman Uttarakhand Transport Corporation & Ors. vs. Hira Singh is justified for commission of disorderly and riotous behavior Parihar.2020 LLR 122 (S.C.) in the factory premises by him including instigating the When the workman did not inspect the entire enquiry workman for stoppage of work, insubordination, disorderly proceedings in spite of given opportunity by Enquiry behavior, violence inside the factory premises, loitering, Officer and also did not turn up for cross examination of holding demonstration, signing and shouting, during working witnesses, his objection of not supplying the copies of hours etc. evidence and documents will not make inquiry invalid. When rift between the election office bearers lead to an When the workman himself did not inspect the file containing industrial unrest, victimisation of workmen on part of enquiry proceedings, there is no force in his contending later Management cannot be established since the workmen cannot on that he was not supplied copies of evidence and documents. be allowed to indulge in commission of misconduct or illegal If the workman himself did not turn up for cross examination activities inside factory. and further participation in the enquiry proceedings, there is No illegality is there in initiating disciplinary proceedings no fault upon the part of management. against workmen who were found commission of grave Once the departmental enquiry is held fair and proper, the Labour misconducts. Court have very limited power to interfere with the quantum of Any leniency,towards workmen who committed disorderly and punishment in view of gravity of the charges of theft. riotous behavior in the factory premises, is misplaced Interference of Labour Court is not justified unless the sympathy not admissible in law. punishment is so harsh touching to the conscience of the court. When enquiry finding is found based on proper evidences, Their Workman Dev Prasad Mitra vs. Employees in relation to charges as leveled stand proved, then there is no reason to set the Management of Tata Steel Limited. 2020 LLR 26 (Jhar.H.C.) aside the dismissal order or awarding compensation. Enquiry is liable to be set aside when conducted Labour Court/Industrial Tribunal must exercise its arbitrarily in three hearings only, neither supplied discretionary power under Section 11-A of the Industrial documents to workman in spite of his demand evidence Disputes Act, 1947 cautiously - Discretion on certain mitigating recorded ex-parte. circumstances, if any grave injustice is committed to an employee - Adequate reasons must be recorded for modification Enquiry held by the Employer is liable to be set aside if the or cancellation of punishments imposed by disciplinary Labour Court held the same conducted as arbitrarily, only in authority. three hearings, non-supplying documents to workman despite demand raised by workman, evidence of MWs were recorded The Management of Brakes India Ltd. vs. The Presiding Officer, ex-parte, no opportunity of cross examination or producing I Additional Court, Chennai & Anr.2020 LLR 64 (Mad. H.C.) defence was given to the workman and more so, no preliminary enquiry was conducted. Employees’ Compensation Act When the inquiry is vitiated being in violation of principles of natural justice and fair play, the order of dismissal, passed by House owner will be liable to pay compensation to the the disciplinary authority,is liable to be set aside. deceased dependents in case of failure by contractor. M.P. Road Transport Corpn. and Another vs. Rajendra Tiwari. However house owner can recover the same from 2020 LLR 134 (M.P.H.C.) contractor. Enquiry would be illegal when workers are not given Owner of the House is liable to pay compensation if the proper opportunity to cross-examine management Building Contractor will not pay and consequently may recover witnesses. the same from the Contractor in accordance with terms and Enquiry proceeding is liable to be set aside if workers are not conditions of House Construction or Property Development given due and proper opportunities for cross examination of Agreement between owner and contractor. the witnesses of the management. Commissioner ought to have not made observations while When enquiry proceeding is set aside, the punishment of passing second order, rejecting application of the Owner, which dismissal imposed on the basis of enquiry finding is also liable is having contrary meaning to the first order. to be set aside. Sh. Pushpender Singh Chawla vs. Commissioner Employees M/s. Premier Distilleries (P) Ltd. vs. The Labour Court, Compensation Act and Anr.2020 LLR 9 (Delhi H.C.) Pondicherry. 2020 LLR 151 (Mad. H.C.) Commissioner has no power to determine loss of earning capacity. Employees' Compensation Commissioner does not have power Dismissal to determine loss of earning capacity.Determination of loss of earning capacity is primary function of the Medical expert. Dismissal for misappropriation of money is justified. In the absence of evidence of Medical experts, for assessing the Dismissal of workman from service on account of loss of earning capacity,award passed if any,is not sustainable. misappropriation of money of the employer is justified. The may be put to face action for assessing the loss of earning Misappropriation of money of employer of workman is a grave capacity without jurisdiction. and serious misconduct. New India Assurance Co. Ltd. vs. Tapan CH. Das and Others. Quashing of finding of Labour Court on validity of enquiry, 2020 LLR 15 (Gau. H.C.)

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Ex-gratia payment is not analogous or treated at par with When decision is on a question of law, it will be res judicata in compensation paid for loss of life under the Act. subsequent proceedings between the same parties if the cause Ex-gratia payment can't be treated as compensation under the of action is the same. Employees Compensation Act, 1923 since it is not analogous or Where the question is purely of law relating to jurisdiction of treated on par with compensation paid for loss of life. the Court or a decision of the court sanctioning something Ex-gratia is towards Medical expenses as per section 7 of the which is illegal, by resort to the rule of res judicata, the affected Act of 1977, an obligation of the employer and it is not a party will not be precluded from challenging the validity of gratuitous payment by State/employer. that order under the rule of res judicata, for the rule of procedure cannot supercede the law of the land. Compensation under Section 3 and 4 read with Schedule IV, of the Employees Compensation Act, 1923, in real sense, is for loss Monish Das vs. Union of India and Others. 2020 LLR 73 (Gau. of life, income and non-pecuniary loss etc. H.C.) Claimants are not precluded compensation under the Act of While issuing attachment order, the EPF Authority has to 1923 on receipt of ex-gratia under 1977 Act since the provisions consider balancing purposes to avoid unnecessary of Section 16 of Act of 1977 are in addition to provisions of any litigation. An employer is duty bound to deposit EPF dues other enactments nor in derogation of it. well within stipulated time period without waiting for compelling action. State of Maharashtra and Others vs. Learned Judge, Labour Court & Commissioner for Workmen's Compensation, Buldhana Malabar Medical College Hospital vs. The Regional Provident and Others. 2020 LLR 56, 2019 (4) LLN 92 (Bom. H.C.) Fund Commissioner & Anr.2020 LLR 76 (Ker.H.C.) Assessment of EPF dues without identification of beneficiaries is not sustainable. Employees’ Provident Fund Object of the Act is welfare of the weaker section and not for welfare of nameless and faceless persons thereby enriching the EPF Tribunals is empowered under Section 7-O with the EPF organization. discretion to grant complete or partial waiver from rigours of making pre-deposit by recording reasons If the EPF Authority cannot identify individuals, it cannot thereto. compel compliance merely numbers. Principal employer is not liable to pay EPF contributions in M/s. Car Scanner vs. The Employees' Provident Fund respect of employees engaged through contractor if the same Organisation. 2020 LLR 77 (Pat. H.C.) contractor is getting work done from those employees also for Issuing arrest warrant against the employer for recovery the other principal employers. of dues by the Recovery Officer/EPF Authority is not Non-disputing calculations made by the EPF Authority by the sustainable without making compliance of provisions of Principal employer, does not mean that principal employer had Section 8-B of the EPF Act, 1952. admitted its liability. Section 8-B of the Act provides that it is obligation upon the Challenge to an interim order in writ petition after 3 and half Recovery Officer first to adopt the mode of attachment and sale year, without any explanation thereto, is a good ground to of movable and immovable properties of establishment, then of dismiss the writ petition. employer and in case amount of EPF dues recovered from the sale of properties remains short then only take steps for arrest Central Board of Trustees EPFO thro. APFC Delhi (South) vs. of employer for detention in prison. Kendriya Bhandar.2020 LLR 67 (Delhi H.C.) Directly issuing arrest warrant against the defaulting When the employer has deducted the EPF contributions employer for putting him in prison is not contemplated under from the amount of incentives paid to its employees, it the Act. cannot plead that the employee was not having knowledge if the EPF contributions is payable in respect of M/s. Sri Nachammai Cotton Mills Ltd. vs. The Regional incentives paid to all employees. Provident Fund Commissioner & Others. 2020 LLR 78 (Mad. H.C.) Mens rea on the part of employer stands established when deduction towards EPF contributions has been made from the Payment of EPF dues in instalments, when employer is incentives paid to all employees but not remitted to the EPF facing financial crisis, is justified. Authority and no further evidence is required. Reduction in damages only on the ground of financial crisis is It is not incumbent on the part of EPF Authority to send not justified until the establishment is not declared sick unit. reminders to the employer for remitting the EPF contributions M/s. S 428 Gendiganahalli PAC Bank Ltd. vs. The Assistant nor there any such statutory requirement. Provident Fund Commissioner (PDC). 2020 LLR 79 (Mad. H.C.) After having allotted PF Code number the employer is under Damages and interest, determined under Sections 14-B obligation to deposit the EPF dues within prescribed limitation and 7-Q of the EPF Act, 1952 cannot be reduced or waived and any delay will attract damages and interest. of on the ground of financial crises unless the Prowiz Mansystems Pvt. Ltd. vs. Assistant Provident Fund establishment is declared sick unit by BIFR. Commissioner.2020 LLR 71 (Delhi H.C.) EPF Appellate Tribunal ought not put a condition of limitation When compliance of earlier order, passed under Section of imposition of damages to any extent while remanding the 7A of the EPF Act, 1952 is made, challenge to subsequent matter for assessment of damages back to the EPF Authority order passed under Section 14-B and 7-Q of the Act is not since it would affect the decision on merits by the EPF sustainable. Authority. When the cause of action has remained the same as in earlier The Regional Provident Fund Commissioner vs. M/s. Deccan decision, passed in logical consequence of earlier order, the Enterprises and Another. 2020 LLR 80; Tamil Nadu Khadi and principle of res judicata is applicable. Village Industries Board vs. The Assistant Provident Fund Commissioner.2020 LLR 82 (Mad. H.C.) If the matter is one purely of fact or mixed question of law and fact, decided in the earlier proceeding by a competent Court, Belated payment of EPF dues without sufficient cause to must in a subsequent litigation between the same parties be the satisfaction of the authorities would attract damages regarded as finally decided and cannot be reopened. and interest.

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Tribunal while remanding the matter back to EPF Authority clause, providing power to authorities to reduce damages. with some direction but not to assess the levy of damages at Rule must be implemented at the first instance and any fixed rate. discretionary power is to be exercised on exceptional The Regional Provident Fund Commissioner vs. M/s. Hivelm circumstances where an establishment is declared as a sick Industries and Another.2020 LLR 83 (Mad. H.C.) industry and financial condition is so much depressed that When employees of a factory continued to remain the damages are not payable by it. same, Lessees (contractors) used, same code number of Rule is to be implemented strictly and power of discretion is to EPF, Lease deeds were unregistered and identical, Lessor exercise discretely. (Employer) was to ensure that lessees were paying EPF Discretionary power should not exceed the scope of main contributions properly in respect of workers initially provisions since by violation of main provision, discretionary engaged by it. power becomes null and void. If the lessor/woner/employer does not ensure that lessees of When the employer has not placed any document showing the factory are making payment of EPF contributions in declaration as 'sick unit' under BIFR Act, reduction of damages respect of workers, he would be liable to pay EPF is in violation of Section 14-B itself and exercise of contributions, damages and interest. discretionary power become excessive, not sustainable. Objection taken by the employer later on that EPF Authority Since no reason is given to reduce the damages, impugned did not make compliance of principles of natural justice is not order is quashed. sustainable if due notices/summons were sent repeatedly and properly by the EPF Authority to the employer and employer The Assistant Provident Fund Commissioner vs. The Employees submitted his reply but did not attend the proceedings. Provident Fund Appellate Tribunal & Anr. 2020 LLR 93 (Mad. H.C.) Assistant Provident Fund Commissioner vs. M. Girilal and Others. 2020 LLR 85 (Mad. H.C.) PF dues have to be paid in priority to all other debts of the Company since the PF dues is first and paramount charge In the absence of mens rea proved against the employer, on the assets of the company in preference to all debts levy of damages is not justified. whether secured or unsecured in view of Sections 7A, 7Q Law is well settled that existence of mens rea or actus reus to and 14B of the Act. contravene a statutory provision is a necessary ingredient for Section 7A of the Employees' Funds and Miscellaneous levy of damages. Provisions Act, 1952 provides that no order can be passed Non-deposit of employer's share of PF contributions due to without conducting a full-fledged inquiry as if the matter is financial crisis without proving mens rea on the part of decided in a civil suit in respect of cover ability as well as employer, levy of damages is not proper. determination of the amount. The South India Mines and Mineral Industries Ltd. vs. The Sub-section (3) of Section 7-A of the Act shows that No order Employees Provident Fund Appellate Tribunal & Anr.2020 LLR shall be made under sub-section (1) of Section 7-A of the Act 90 (Mad. H.C.) unless the employer concerned is given a reasonable Remittance of EPF dues may be allowed to be paid in opportunity of representing his case. instalments, considering financial position of the Article 21 of the Constitution of India is to provide protection petitioner. of life and personal liberty,under Article 38 of the Constitution If an employer after having granted opportunity to remit the of India, the State is to secure a social order. EPF dues in instalments, commits default, the EPF Authority Protection of life can never be compromised, poor labours is at liberty to recover the entire amount in accordance with cannot be left in lurch, hence Article 38(2) has to be read law. harmoniously with Article 14, 21 and the Preamble of the M/s. OGUN SECURITAS vs. The Regional Provident Fund Constitution and it reveals that the State is bound to minimize Commissioner-II. 2020 LLR 92 (Mad. H.C.) the inequalities in income, endeavor to eliminate inequalities in status, facilities and opportunities. Damages under Section 14B of the EPF Act, 1952 are not to exceed the amount of arrears. In view of object of the EPF & MP Act, Constitution of India and Public Policy, the EPF dues as per calculation of Official Central Board may reduce or waive the damages subject to Liquidator i.e. a sum of Rs. 7, 90, 60, 50, 56 be paid to EPF such terms and conditions as may be specified in the Scheme. Authority who in turn is bound to settle claims of employees Reduction in damages must be on the basis of sufficient eligible as expeditiously as possible and for any negligence or reasoning recorded in writing and a mechanical approach on lapse, concerned officials of the Department must be held the basis of blanket statements not permissible. liable. If reasons are genuine only then discretionary power is The Authorised Officer,Indian Overseas Bank vs. The Employees' inviolable by the Tribunal. Provident Fund Organization and Others. 2020 LLR 96 (Mad. In the absence of reasons the whole exercise in reducing the H.C.) damages would exceed its main provisions and a futile Without exhausting remedy of statutory appeal provided exercise. under Section 7-I of the EPF & MP Act, filing of writ Provisions regarding discretion under Proviso Clause would petition challenging the order of the EPF Authority is not not provide any absolute power where as discretionary power admissible. is an exception to the main clause. Challenging the order passed by the EPF Authority under Exercise of discretion is not to exceed the main provision Section 7-A and 7-B of the Employees' Provident Funds and enacted, empowering the authorities to impose damages in all Miscellaneous Provisions Act, 1952, is not sustainable. such cases where there is a default on the part of employer. Principal employer have first have to remit the EPF dues in Section 14B of the Employees Provident Funds and respect of employees engaged through the contractor for whom Miscellaneous Provisions Act, 1952 is unambiguous that the contractor has not remitted EPF dues and then he may authority is empowered to impose damages. recover the same from the contractor in terms of contract with the contractor for supply of man-power. Power provided under state will prevail over the Proviso

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Contract between principal employer and contractor for supply Remittance of EPF dues/interest may be allowed in of manpower will not have any binding effect as far as reasonable monthly instalments. statutory authorities are concerned. When financial crisis is proved on the basis of documentary Principal employer cannot shift the responsibility of evidence, remittance of EPF dues is justified. depositing the EPF dues upon the contractor simply stating M/s. Singara Estate vs. Regional Provident Fund Commisioner- that the contractor is liable for the same. II. 2020 LLR 174 (Mad. H.C.) In the absence of any error or irregularity in exercise of power An employee drawing salary/wages more than the by the EPF Authority in respect of its jurisdiction, writ Court prescribed limit is covered under the term 'excluded would not disturb finding of the EPF Authority. employee' and not entitled to become a member of the M/s. S.L.K. Contract Services, Chennai vs. Assistant P.F. Scheme under the Act. Commissioner,Chennai, and Another.2020 LLR 108 (Mad. H.C.) Application for condonation of inordinate delay in filing of If no data is produced by the employer to show/prove that writ petition against the order of the lower authorities without workmen were paid allowances for any extra work done sufficient cause cannot be condoned at the mere asking. by them, such amount would be included in the basic Making a bald statement that 'delay is due to shifting of wages which would attract EPF contributions up to petitioner's office' is not a 'sufficient cause' for condonation of prescribed limit. delay more than seven and half years. Emoluments which are universally,necessarily and ordinarily APFC Employees' Provident Funds Organisation vs. M/s. paid to all employees across the Board are basic wages. Profolab. 2020 LLR 175 (Delhi H.C.) Where the payment is made to those who avail the opportunity EPF authority order under Section 7-A is liable to be set more than others, such payment is not basic wages such as aside when contention of the employer about excluded overtime allowance, leave encashment, bonus for extra hour of employees is not considered. work etc. A writ petition filed against the order passed under Sections 7- Any amount paid to an employee as a Special Allowance for his A and 7-B of the Act, is maintainable when review application doing some special activity will not be basic wages. filed under Section 7-B of the Act has been rejected in view of The amounts paid which are variable would not be included in provisions of conjoint reading of Sections 7-B and 7-1 of the basic wages such as leave encashment. Act. DTDC Courier Cargo Ltd. vs. The Regional Provident Fund An unreasoned order under section 7A of the Act is liable to be Commissioner & Ors. 2020 LLR 110 (Mad. H.C.) rejected. Default in payment of EPF dues attracts prosecution Non-consideration of contention of the petitioner that its under Section 406/409 of IPC. employees are 'excluded employees' proves non-application of Violation of provisions of Employees Provident Funds and mind by the EPF Authority Miscellaneous Provisions Act, 1952 attracts criminal action. Remanding the matter back to the EPF Authority is Bail is granted by the High Court only when prosecution has appropriate when the EPF Authority has passed the impugned confirmed that defaulter has deposited the amount due. orders under Sections 7A and 7B of the Act without considering the contentions of the petitioner based on Ishwar Singh Nain vs. State of Haryana. 2020 LLR 113 documents. (P&H H.C.) The Municipal Council, Dhamgaon, Distt. Amravati vs. An apprentices engaged under the Apprentices Act, 1961 Assistant P.F.Commissioner.2020 LLR 177 (Bom. H.C.) or under the Standing Orders are excluded from the definition of 'employee' as provided under Section 2(f) of When an employer is not coverable under the Act as per the EPF Act. provisions of Section 16 of the Act, demand of applicability of EPF dues is not sustainable. Apprentices being learner under the Model Standing orders are not 'employees' under Section 2(f) of the Act. Clause (b) of Section 16 read with Section 1 (3) of the Employees' Provident Funds and Miscellaneous Provisions Apprentices/trainees, receiving stipend during Act, 1952 shows that applicability of the Act would be subject to apprenticeship/training period have no right to claim regular Section 16 of the Act. employment after their training is over. Demand of EPF dues under Section 7-A of the Act for the old M/s. Gehana Gold Palace (P) Ltd. vs. Employees P.F. Appellate period when the Act was not applicable, is not sustainable. Tribunal and Another.2020 LLR 114 (Ker.H.C.) Demand of EPF dyes under Section 7-A of the Act, for old Employer may be allowed to remit EPF dues in easy period is not justified since old records of the employers may instalments considering financial constraints being faced not be available and identification of beneficiaries would be by the employer. difficult. If employer remits EPF dues in instalments, he be allowed to The Officer Incharge and Assistant P.F. Commissioner vs. City operate his bank accounts by quashing the order of and Industrial Development Corpn., Aurangabad and Ors. 2020 attachment, issued by the EPF Authority. LLR 181 (Bom. H.C.) If employer fails to pay agreed instalments, the EPF Authority Principal employer, if retains the amount to be paid to its may recover the whole recoverable amount in accordance with contractors enabling them to make payment of EPF law. contributions in respect of employees engaged for the M/s. Dongsan Automotive India Pvt. Ltd. vs. The Assistant work of establishment, the principal employer is liable to Provident Fund Commissioner & Ors. 2020 LLR 117 (Mad. H.C.) pay damages and interest. Remittance of EPF dues/interest may be allowed in Since the Principal employer has proved on the basis of reasonable monthly instalments. Financial crisis is to be documentary evidence that the amounts have already been proved on the basis of documentary evidence. paid by it, accounts of the principal employer freezed by the M/s. NEPC Textiles Ltd. vs. Asstt. Provident Fund "EPF Authority,be defreezed. Commissioner.2020 LLR 173 (Mad. H.C.) Normally, additional document (s) is not accepted by the writ

www.businessmanager.in 48 BUSINESS MANAGER | MARCH 2020 RECENT IMPORTANT LABOUR JUDGMENTS court but considering factual position that principal employer summon the contractor concerned. wants only to submit document to prove that he has already If the principal employer does not participate in the enquiry remitted the amount of EPF dues towards damages and conducted by the EPF Authority knowingly,he later on will not interest as imposed by the EPF Authority, the additional be entitled to say that he was not given due opportunity to document is admitted on the record. submit his defence before the Higher Authority or Court. M/S. Cema Electric Lighting Products India (Pvt.) Ltd. vs. The Commissioner,Udumalpet Municipality, Udumalpet vs. The Recovery Officer and Assistant Provident Fund Commissioner. Assistant Provident Fund Commissioner, Coimbatore. 2020 LLR 2020 LLR 185 (Guj. H.C.) 197 (Mad. H.C.) EPF Authority must avoid attachment of bank accounts Employer is not liable to deposit EPF dues since wages of the employer before disposal of objections raised by were not paid during closure period to erstwhile the employer by passing a speaking order. employees. EPF Authority is under a legal obligation to dispose of As per Section 32 of the Sick Industrial Companies (Special objections raised by the employer by passing a speaking order. Provisions) Act, 1985, it has got overriding effect of other law Employer, facing financial crisis may be allowed to remit including EPF & MP Act, 1952. arrears of EPF dues in instalments. Memorandum of settlement between employer and employees HI-CARE Gloves Pvt. Ltd. vs. The Assistant Provident Fund is having binding effect as per Section 18 of the Industrial Commissioner & Others. 2020 LLR 189 (Ker.H.C.) Disputes Act, 1947. An order passed by CGIT Tribunal without territorial M/s. Ballarpur Industries Ltd. vs. Employees Provident Fund jurisdiction is not sustainable. Appellate Tribunal & Ors. 2020 LLR 199 (Orissa H.C.) The appeal, if filed before the Tribunal having no territorial An order passed under Section 7-A of the EPF Act jurisdiction, may be transferred by that Tribunal to another without giving proper opportunity to the employer to Tribunal having territorial jurisdiction. submit his defence, is not sustainable. Swadesh Prakashan (Gwalior) Pvt. Ltd. vs. Employees' Issuing recovery notice to a person who has not been Provident Fund & Ors. 2020 LLR 190 (M.P.H.C.) impleaded as a party to proceedings under Section 7-A of the Waiving of or reducing of pre-deposit condition as Act, is not sustainable. provided under Section 7-O of the EPF Act is under the Issuing recovery notice to a person who does not fall under the discretion of the Tribunal by recording reasons thereto. definition of 'employer' as defined under Section 2 (f) of the Once Tribunal chosen directing employer to deposit 40% of the Act, is not sustainable assessed amount but by not assigning any reason, enhancing Recovery proceeding under Section 8 of the Act can be initiated pre-deposit from 40% to 60% on passing a speaking order that only against employer or from any person against whom too holding that appellant has a prima facie arguable case, is money is due or may become due or from the establishment or not tenable. from any person who holds or subsequently held money on M/s. JBM Auto System Private Limited vs. The Regional account of employer. Provident Fund Commissioner-II (C&R). 2020 LLR 192 Punjab Agro Industries Corporation Limited vs. The Regional (Mad. H.C.) Provident Fund Commissioner and Others. 2020 LLR 211 (P&H EPF Authority is under an obligation to provide certified H.C.) or attested copies of records in its possession relating to Provident Fund and pension under the EPF Act are to be concerned employer against charges thereof. treated as retiral benefits. A.J. Bensam vs. The Assistant Provident Fund Commissioner- Doctrine of finality or resjudicata is a matter of public policy II(C&R). 2020 LLR 194 (Mad. H.C.) on which is judicial system is founded. Once a judgment Levy of damages without considering reasons of delayed becomes conclusive, matter covered under that judgement, remittance is not proper. cannot be reopened unless fraud or mistake or lack of jurisdiction is challenged. Levy of damages by the EPF Authority under Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Considering the Act as beneficial, social legislation, Act, 1952, without proving mens rea or actus reus by passing a authorities concerned are directed to correct the date of speaking order on the part of employer is not sustainable. cessation of service to which there is no objection from the opposite parties and recalculate the pension in accordance Financial crisis on the part of employer, if proved by employer, with law and actual amount due, if any, be credited to the levy of damages is not justified without giving reasons thereto petitioner. by passing a speaking order. Arani Mukhopadhyay vs. Employees' Provident Fund M/s. Bojaraj Textile Mills Ltd. vs. P.O., E.P.F. Appellate Organization and Others. 2020 LLR 214 (Cal. H.C.) Tribunal, New Delhi and Others. 2020 LLR 194 (Mad. H.C.) The law did not permit the EPF Authority to recover the Issuing of arrest warrant against the principal employer amount by attachment of Bank account of the employer without summoning of concerned contractors, having without issuing any notice under Section 8-F (3) of the independent PF Code numbers, is not sustainable. Act. Undoubtedly, principal employer is liable to remit Writ petition against the order of EPF Authority is contributions for employees engaged through contractors and maintainable if the decision making process was contrary to there-after recover the same from the contractors to achieve the settled principles of law. ultimate object of the Act to ensure welfare of workmen. An order passed by the EPF Authority is to be vitiated under EPF Authority ought to make efforts to summon the concerned Writ Jurisdiction if the same is passed by not following the contractors and workmen on the basis of information provided statutory provisions of law. by the principal employer. EPF Authority under Section 7-A of Employees' Provident Principal employer has to inform the EPF Authority the Funds and Miscellaneous Provisions Act, 1952, was required to correct addresses of the contractors through whom the collect more evidence for proper adjudication of the dispute, employees are/were engaged enabling the Authority to which would not be possible before the Appellate Tribunal.

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EPF Authority cannot attach the amount and hold on to the Interest is not payable from the date the EPFO offered demand same as if the amount was their won since that amount is for draft of only principal amount but petitioner did not accept the the identified beneficiaries which were never identified. same for want of interest which EPFO refused. Proceedings under Section 7-A of the Act could not be reopened Interest is payable irrespective of legal provisions in the Act after 6 years by issuing a notice for a de-novo proceeding. since the EPFO have failed to establish that petitioner falls M/s. Sheong Shi Tannery and Another vs. Regional P.F. under the purview of the Act or Scheme under the Act. Commissioner and Others. 2020 LLR 222 (Cal. H.C.) Gee Pee Furniture (New) and Another vs. The Central Board of Any order passed by the EPF Authority without giving Trustees and Others. 2020 LLR 231 (Pat. H.C.) opportunity of hearing to the employer is not sustainable Writ petition is not maintainable since the petitioner did being contrary to principles of natural justice and fair not attend proceeding despite repeated notices sent play. granting sufficient opportunity to him. The EPF Authority while issuing a show cause notice, care is Appeal against the order of Authority could not be filed as the to be taken that it should be clear in its terms to avoid any limitation for filing appeal has admittedly already expired. misconception in the mind of the notice. If the order passed by Authority is without jurisdiction then Plea of merits is to be decided by the Trial Court/Authority on the writ petition would be maintainable. the basis of recording of evidence and not to be decided under Mulibai Charkha Shikshan Prasarak Manual vs. Assistant P.F. Writ jurisdiction by the High Court. Commissioner,Akola. 2020 LLR 233 (Bom. H.C.) A final order by the EPF Authority is to be made a speaking An order passed under Section 7A of EPF Act without order, after hearing the parties concerned, recording their submitting report of E.O. and relevant documents to submissions, considering all documents. concerned establishment is not sustainable. R.R.K. Sai Fashion vs. The Assistant Provident Fund If relevant report and documents are not submitted by the EPF Commissioner (Comp). 2020 LLR 226 (Mad. H.C.) Authority to establishment concerned, it would be violation of A beneficiary can claim interest on delayed payments of principles of natural justice. its retiral benefits including EPF dues either as per Rules, Ashlesha Power Controls vs. Employees' P.F.Appellate Tribunal, administrative instructions, guidelines or norms, if any. New Delhi. 2020 LLR 234 (Bom. H.C.) A beneficiary can claim interest on delayed payments even in LIC is not coverable under EPF Act. Notice issued under the absence of any Rule under Part III of the Constitution of 7A not maintainable. India on Articles 14, 19 and 21. Both general insurance and life insurance are treated as Retiral benefits are not in the nature of "bountry" so claiming separate genres of the insurance business is evident from the interest is justified. provisions made in the insurance act 1938. Even after the Interest is payable by the EPF Authority on the simple promulgation of IRDA Act, 1999 and in the absence of a principle that it charges interest on delayed remittance and is challenge or denial to the submission that LIC is not engaged equally liable to pay interest on its delayed disbursement. in insurance business, it is manifest that the provisions of the The Regional Provident Fund Commissioner vs. Tuticorin Port 1952 Act would not apply. Trust & Others. 2020 LLR 227 (Mad. H.C.) Senior Divisional Manager, LIC of India vs. EPFO. 2020 (164) For levying damages establishing mens rea on the part of FLR 404 (All. H.C.) employer is an essential ingredient. Mother of the deceased not dependent on him will not be Damages levied without considering financial crisis pleaded by entitled to any share in the amount towards provident employer on merits considering mens rea on the part of fund. employer are not sustainable. Smt. Bharati vs. Smt. Bebitai Punjabrao Atole. 2020 (164) FLR A non-speaking order having no reasons to the finding is not 548 (Bom. H.C.) sustainable. M/s. R.D. 34 Ariyakudi Primary Agricultural Cooperative Bank Ex-parte Award vs. Employees' Provident Fund Appellate Tribunal & Anr. 2020 LLR 229 (Mad. H.C.) Setting aside of ex-parte award would be justified when EPFO is liable to pay interest at the market rates in each management had a case to prove against the workman. year on the amount illegally recovered or withheld to the When the management has pleaded misconduct of theft, employer. committed by the workman, resulting into his resignation setting As per law settled by Supreme Court in Clariant International aside an ex-parte award is justified irrespective of the fact that ex- Ltd. & Another vs. Securities & Exchange Board of India, (2004) parte award was passed for non-appearance of the management 8 SCC 524, interest can be awarded; despite due and proper service of summons upon it. (i) In terms of an agreement; It is not an appropriate plea by the Management that summons (ii) As per statutory provisions; addressed to the Managing Director of the Company, received by a clerk under the stamp of the company, is not proper (iii) By reasons of usage or trade having the force of law, service. (iv) Or on equitable considerations; Service of summons upon Company is proper when Process (v) In absence of any agreement or statutory provisions of a Server has reported that he served the summons upon the mercantile usage, interest payable can be only at the market Company under the signature of an employee/Clerk of the rate. company by putting rubber stamp of Company under his Interest cannot be awarded by way of damages except where signature. money is wrongfully withheld and there are equitable grounds M/s. May Fair Biotech Pvt. Ltd. vs. Sanjeev Kumar.2020 LLR 58 if written demand is made. (H.P.H.C.)

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because a criminal case was pending against the Factories Act employee. For an offence of running factory without licence where Denial of gratuity to a retiree employee having put continuous due to fire one employee suffered minor injury and service of a long period of 34 years and above is not justified in accepting guilt by the owner, fine of one lakh rupee would the absence of termination of his services irrespective of be justified. pendency of criminal case against him. Running a factory without licence and permission of the Gratuity shall be forfeited only to the extent of damages or loss competent authority is a criminal offence under the provisions caused to the management subject to fulfillment of conditions of Factories Act, 1948. as per Section 4(6) (a) of the Payment of Gratuity Act, 1972 for which necessary precondition is termination of service on the The closure report based on the opinion of the Additional basis of departmental enquiry or conviction in a criminal case. Public Prosecutor, accepted by Judicial Magistrate, First Class, taking cognizance of offence under Section 92 of the Factories Gratuity shall be forfeited as per provisions of Section 4(6) (b) Act, 1948 in order. of the Act for which necessary pre-condition is termination of service on the basis of departmental enquiry or conviction in a Considering incident causing fire of 2006 in which one worker criminal case. suffered minor injuries and appellant of 70 years who has accepted guilt and sought leniency, conviction and sentence is M/s. Bharat Coking Coal Ltd. vs. Union of India and Others. substituted by fine of Rs. 1.00 lakh to be deposited within four 2020 LLR 29 (Jhar.H.C.) weeks, is justified. If an employee is convicted by criminal court involving Subir Bose vs. Inspector of Factories. 2020 LLR 6 (S.C.) moral turpitude, gratuity forfeiture is automatic. In case of pendency of criminal case employer has a right to with Summoning order can't be challenged in writ. held the gratuity by giving an undertaking of payment in Disputed questions of facts cannot be considered under writ case of acquittal of employee by court. jurisdiction. Gratuity is a valuable right and not any gratuitous act of The Chief Judicial Magistrate is empowered to take employer. congnizance of the complaint filed by the competent authority Corrupt or immoral employee cannot be given premium in the and issue summons to the accused. form of gratuity. Aijaz Gaffar vs. State of U.P.and Another.2020 LLR 153 (All. H.C.) Gratuity has to be paid to an employee for his meritorious and When offence under Section 67 of Factories Act honest service. admittedly committed, penalty has to be imposed under If an employee is convicted by a criminal court involving Section 14(1) of the Factories Act. moral turpitude then in that case forfeiture of gratuity is Prem Chandra Agarwal vs. State of U.P. 2020 (164) FLR 498 (All. H.C.) automatic. In case of pendency of a criminal case against employee, the Gratuity employer has a right to withhold the gratuity by giving undertaking under Section 7 of the Payment of Gratuity Act, In case of exempted establishment, authority under the 1972 that if the employee gets acquittal, the gratuity along with Act cannot pass any order against the establishment. interest will be paid as contemplated by the Act itself. When an establishment is exempted from the applicability of Offence of misappropriation of money involves moral the Payment of Gratuity Act, 1972, an order or award passed by turpitude justifying forfeiture of gratuity. the controlling Authority under the Act or upheld the same by Baldin Ram vs. The Chief Manager (P-EE), M/s. Bharat the Appellate Authority under the Act, for payment of gratuity Cocking Coal Limited and Others. 2020 LLR 31 (Jhar.H.C.) under the Act against such an establishment is not sustainable. Interim relief pay to employee immediately before his An exempted establishment cannot be burdened to pay retirement would fall within the meaning of wages under Gratuity under the Act by the concerned Authority. Section 25 of the Act for the purpose of calculation of Exempted establishment has to make payment of gratuity gratuity under Section 4(2) of Act. benefits as per its own Rules on the basis of which he had U.P. Financial Corporation vs. Appellate Authority (Gratuity obtained exemption. Act) Kanpur.2020 (164) FLR 470 (All. H.C.) The Superintending Engineer,Mettur Thermal Power Station vs. Only length of service and last drawn wages of employee Appellate Authority under the Payment of Gratuity Act. 2020 will be relevant for computation of gratuity. Question as LLR 17 (Mad. H.C.) to from which date services of employee regularised Grievance of gratuity by union through writ petition is would be of no consequence for calculating total length of not maintainable. Individual workman has to approach service for claiming gratuity. because gratuity is to be settled as per respective pay U.P.S.R.T.C.Thru. Its R.M. Vikas Nagar Kanpur vs. State of U.P. scale of individual employee. 2020 (164) FLR 478 (All. H.C.) For claiming gratuity payment for different workmen writ petition filed by Union is not maintainable since the Gratuity is to be settled as per respective scale of pay, on the basis of Industrial Disputes Act individual particulars and even payable amount varies from Government cannot delve in to merits of dispute and individual to individual. refuse to refer the same. Aggrieved employee can move for redressal of his grievance Appropriate Government having referred the dispute of other individually giving necessary particulars by filing writ workman, ought to have not refused to entertain the dispute of petition. workman on the ground of delay and latches. N.R. Trade Union Congress vs. Union Territory of Puducherry Appropriate Government cannot delve into merits of the and Others. 2020 LLR 18 (Mad. H.C.) dispute since as per settled legal position of law function of it Gratuity of retired employee cannot be forfeited simply is an administrative and not judicial or quassi-judicial.

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If the management disputes that a person is not a workman, it enquiry and he has lost confidence of the management. would be on the workman to produce cogent evidence to Their Workman Dev Prasad Mitra vs. Employees in relation to the substantiate his claim that he was workman under the Management of Tata Steel Limited. 2020 LLR 26 (Jhar.H.C.) management. Bellary Zilla Gani Karmikara Sangh vs. Union of India and Another.2020 LLR 35 (Kar.H.C.) Reinstatement Concession can never be construed legal or statutory Reinstatement not justified to daily wager who did not right. Holiday declared under Negotiable Instrument Act complete 240 days in last 1 year. does not create any legal right to the workers of a factory since it is not applicable upon factories working under Without documentary evidence contentions of the workman Factories Act. cannot be considered for grant of any relief. When workers have no legal or statutory right to claim holiday, When the workman has not denied the documents of the they are not entitled to claim any relief under Section 33-C (2) management, these documents will be admitted in evidence. of the Industrial Disputes Act, 1947. If workman fails to prove his claim of continuous service of 240 A concession is nothing but a conditional right and not an days in last year on the basis of documents, he is not entitled to absolute right. get any relief. 'Right' in Civil Society' means which a person is entitled to have Compliance of Section 25-F of the Industrial Disputes Act, 1947 is or to do or to receive from others, within limits prescribed by law. required only when the workman has proved continuous service of 240 days during the preceding 12 calendar months and not Until there is an absolute/statutory right in favour of workers, otherwise. application under Section 33-C (2) of the I.D. Act is not maintainable. Bhavnagar Municipal Corporation vs. Anil Budhabhai Vegad. 2020 LLR 11 (Guj. H.C.) The Management of Bimetal Bearing Limited vs. The Presiding Officer,Labour Court, Salem and Others. 2020 LLR 63 (Mad. H.C.) Reinstatement justified when termination was done without compliance of Section 25-F of I.D. Act. Artificial breaks have Section 33 (2) (b) of I.D. Act permits an employer to no adverse effect upon the continuity of services of the discharge or punish a workman by way of dismissal or workman. otherwise for any act or misconduct in accordance with standing orders applicable or in such absence in To prove service of a workman with the employer if is sufficient accordance with terms of contract express or implied by evidence that MW admitted in his examination that workman paying one month wages to seek approval of action taken. was engaged before his joining in 2008 and attendance record of Sub-section (1) speaks of previous permission whereas workman is available in College from 1995 to 2005. sub-Section (2) speaks of ex-post facto approval. Illegal termination of service entitles the workman to claim full M/s. Pearlite Liners Pvt. Ltd. vs. R. Nagaraja. 2020 (164) FLR 526 back wages and to prove that he was not gainfully employed after (Kar.H.C.) his termination. In the case of illegal termination, denial of back wages would amount to indirectly punishing the employee and rewarding the Industrial Undertaking employer which is never the object of the Industrial Disputes Act, 1947. Bank is an 'industry' under Section 2(j) of the Industrial Disputes Act, 1947. If employer wants to deny the back wages, it has to plead and prove that workman was gainfully employed during the Employees of the Bank, covered under the definition of intervening period. 'workman' as per Section 2(s) of the Industrial Disputes Act, 1947, are entitled to raise an industrial dispute for redressal of their State of M.P.Through Principal Secretary, and Another vs. Kirpa grievances. Ram. 2020 LLR 24 (M.P.H.C.) Writ petition without exhausting alternate efficacious remedies provided under Industrial Disputes Act, 1947 before the Industrial Resignation Adjudicator, is not maintainable. Ravi Shankar Sinha vs. State Bank of India and Others. 2020 LLR Withdrawal of resignation after statutory limitation is not 147 (Pat. H.C.) valid if the resignation has already been accepted and relieving order issued. Statutory limit would by calculated from the date of receipt of Loss of Confidence withdrawal of resignation letter and not from the date of dispatch of resignation letter. Reinstatement is not justified where the misconduct upon the workman is of 'loss of confidence in the employee. P.A. Janarthanan vs. Presiding Officer, II Addl. Labour Court, Chennai and another.2020 LLR 149 (Mad. H.C.) The choice and quantum of punishment is within the jurisdiction of the employer. The Labour Court/Industrial Tribunal should interfere in the Retrenchment penalty only when the penalty imposed by the employer is found shockingly disproportionate to the conscious of the Court. Illegal retrenchment would attract reinstatement which cannot be denied on the ground of long time spent in Kisan Sahkari Chini Mills Ltd., and Others vs. Presiding Officer, litigation. Labour Court, LKO and Another.2020 LLR 55 (All. H.C.) Retrenchment of a workman who had completed service for about 630 days, was discharged from service without notice or notice Misconduct pay,is illegal. Termination of services without compliance of Section 25-F and Dismissal is justified for the misconduct of theft proved in 25-H of the Industrial Disputes Act, 1947 is illegal attracting

www.businessmanager.in 52 BUSINESS MANAGER | MARCH 2020 RECENT IMPORTANT LABOUR JUDGMENTS reinstatement with back-wages. harassment in technical and operational support', 'talking Non-granting back wages since the workman was found earning with her in high pitch voice with contempt and offending hand during the period of litigation, is proper. her dignity and chastity', she was not allowed to participate in the marketing', 'she was marginalized and embarassed', Long period spent in litigation is no ground to refuse relief to the she was subjected to typical hostile work environment workman for which he is otherwise entitled. intimidating with her future employment', 'on her approach Yogesh Vallabhdas Kelaiya vs. Jetpur Navagadh Municipality. 2020 to superiors none came to her rescue but all turned deaf LLR 58, 2019 (4) LLN 164 (Guj. H.C.) ears and shown cold shoulders' etc. etc. all constitute 'sexual No court can compel the employer to run the unit in the harassment at workplace'. absence of any malafide on its part. Application for Scope and dimension of term 'sexual harassment at workplace' retrenchment under Section 25-N instead of 25-O(1) of I.D. must not receive narrow and pedantic meaning. It includes an act Act is not fatal for granting permission. of violation of human rights, women right to live with dignity Submission of application, seeking permission for retrenchment and protection against all types of discrimination as evident from of 163 workers, made under Section 25-N of the Industrial the international stands formulated in CEDAW convention, Disputes Act, 1947 instead of Section 25-O (1) of the Act is not fatal international treaties, not restricted to governmental for granting permission. organizations but also for private sector in case of failure to act with due diligence to prevent violation of such rights. Unwelcome In the absence of any material, given by the Union that acts or behaviour, directly or by implication, shall amount to Management has not made compliance of Section 25-N of the Act sexual harassment. Circumstances may also amout to sexual or there is any oblique motive or Unfair Labour Practice, on the harassment if it occurs or is present in relation to or connected part of management, appropriate authority cannot deny the with any act or behavour of sexual harassment. Remarks of permission. Medical Superintendent 'if she wanted to continue in Medant, the Management it within its right to stop work, if unit has been should be good to him or else he will make her work difficult', incurring continuous losses 'comments upon her dress and outfits', 'avoiding signature on her Permission is granted by Labour Commissioner after considering bills of reimbursement', 'hours together making her to sit in his requirements in details and by giving opportunity to the cabin, creating obstruction and causing harassment in technical workmen for accommodating them in other units with some and operational support', 'talking with her in high pitch voice incentives as free accommodation but they did not accept, hence with contempt and offending her dignity and chastity', she was workmen are not entitled to any relief from writ court. not allowed to participate in the marketing', 'she was General Secretary, Bombay Rayon Fashions Ltd. vs. Management marginalized and embarassed', she was subjected to typical of Bombay Rayon Fashions Ltd. 2020 LLR 60 (Kar.H.C.) hostile work environment intimidating with her future employment', 'on her approach to superiors none came to her rescue but all turned deaf ears and shown cold shoulders' etc. etc. Sexual Harassment all constitute 'sexual harassment at workplace'. When the word 'includes' is used in the definition, the legislature In the absence of any prejudice, non supply of copy of does not intend to restrict the definition; it makes a definition of preliminary enquiry report is not fatal and enquiry enumerative but not exhaustive and as such the provisions of the proceedings are not be vitiated. Act are required to be interpreted broadly and liberally to achieve Non-supply of copy of preliminary enquiry report, conducted by its aims and objectives. the Internal Complaints Committee, constituted under Non-constitution of Internal Complaints Committee or non- Harassment of Women at Workplace (Prevention, Prohibition existence of the Committee at the relevant point of time, may and Redressal) Act, 2013, is not fatal if no prejudice is caused to attract penalty. the aggrieved person in view of the fact there is no such provision If the Local Committee has passed the order under Section 13(3) under the Act to supply copy of preliminary enquiry report to the of the Act, based on enquiry report, that order passed is within delinquent employee. the jurisdiction of the Local Committee. The High Court is disciplinary authority as per Delhi Higher Complainant would also be entitled to monetary compensation for Judicial Service Rules, 1970 and All India Services (Discipline and pains and sufferings, loss of reputation, emotional distress and Appeal) Rules, 1969 since as per Article 235 of the Constitution of loss of salary resulting into deprivation of right to live with India, it is having control and general superintendence over the dignity. District Judges and judges subordinate to it, including disciplinary action and provisions of Sections 11 and 13 of the Act Enquiry not to be vitiated if the employer itself did not cross of 2013 do not affect the control of the High Court, in any manner. examine the witnesses of the complainant. Aggrieved person is having a statutory right of appeal to Behavior of the Medical Superintendent/accused and its safeguard his interests, challenging the finding of Internal representatives being hostile and non-cooperative before the Complaints Committee, concluded in enquiry held by it, within Local Committee, due to which the enquiry prolonged, would prescribed limitation on receipt of copy of that enquiry report prove that Hospital/management was hellbent to terminate which is to be supplied to both the parties wherein the aggrieved services of the complainant person is having full right to raise all pleas of facts and law before If the enquiry report is found to be appropriate, no interference is the appropriate Appellate Authority. warranted in report of the finding of Local Committee since it is Dr.P.S. Malik vs. High Court of Delhi and Another.2020 LLR 65 (S.C.) self explanatory. Circumstances may also amout to sexual harassment if it Enquiry report would be appropriate if it contains the factual occurs or is present in relation to or connected with any act position i.e. the complainant being highly educated with rich or behavour of sexual harassment. Remarks of Medical corporate experience in the field of marketing has performed her Superintendent 'if she wanted to continue she should be duties to the best of her ability,assigned tasks accurately and on good to him or else he will make her work difficult', time, keen to learn new things, to take on more responsibilities, 'comments upon her dress and outfits', 'avoiding signature communicate will, cooperative with other team members, on her bills of reimbursement', 'hours together making her disciplined, polite in behavior, adheres to organizational policies to sit in his cabin, creating obstruction and causing pertaining to attendance, dress code etc.

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Termination of services of complainant would be arbitrary, Complaint of sexual harassment under the provisions of Sexual stigmatic and not simplicitor if no appraisal, no counseling and Harassment of Women at Workplace (Prevention, Prohibition and even no notice was ever issued to her,no material to show that the Redressal) Act, 2013, as per Section 4 of the Act, is to be filed before complainant was lacking in indicators of (i) job performance, (ii) the Internal Complaint Committee, constituted under the Act. conduct, (iii) inter personal relationship, (iv) IPR, (v) target Any complaint of sexual harassment filed to Chairperson of marketing/activity, description or distribution etc. say ex-facie a Women Cell or before any other authority is to be transferred to sequel to her complaint against Medical Superintendent, the Internal Complaint Committee. factually investigated by the Local Committee appropriately. Internal Complaint Committee has to consider the complaint Since the Sexual Harassment of Women at Workplace after following proper procedure. (Prevention, Prohibition and Redressal) Act, 2013 is a social welfare legislation, its provisions must be interpreted broadly and In terms of provisions of the Act and Guidelines of the Supreme liberally. Court of India in the cases of Vishakha and Others vs. State of Rajasthan an Others, AIR 1997 SC 3011, every employer must Constitution courts must endeavor to foster respect for constitute complaint redressal mechanism through Internal international treaties in view of Article 51 ( c) of the Constitution Complaint Committee. of India, particularly in the context of 'sexual harassment, at workplace not only in government organization but also for Priya Gunaji Gaokar vs. Union of India and Others. 2020 LLR 128 private acts if they fail to act with due diligence. (Bom. H.C.) Global Health Private Limited vs. Local Complaints Committee, ICC cannot be said to be biased simply because the Presiding District Indore and Others. 2020 LLR 40 (M.P.H.C.) Officer was colleague of the perpetrator. Shouting at woman by male officer may be misbehavior but itself not covered Enquiry cannot be declared invalid merely because the past under sexual harassment without having any sexual record of the employee was not considered by the employer overtones. before imposing punishment. Merely because Presiding Officer was colleague of delinquent Scope of enquiry in cases of sexual harassment is fulfilled if the employee (PK) is no ground to doubt integrity and independence Enquiry by the Court is held to be fair and proper. of ICC. If in domestic enquiry,prima facie guilt on the part of delinquent Any doubt about the integrity or independence of ICC is not employee is established, non-compliance of technicalities of law sustainable since it was constituted for implementation of the Act may not be having any weight age, considering maintaining for a fixed period of three years and not to deal only with discipline at workplace. complaint of petitioner but to consider all complaints. Discipline and decorum at workplace is of paramount Shouting in anger at woman by male officer may be a misbehavior importance. but it itself it not covered under 'sexual harassment'. Scope and dimension of term 'sexual harassment at workplace' must Inappropriate behavior by male staff with woman at workplace not receive narrow and pedantic meaning since it includes an act of without having any sexual overtones would not be covered under violation of human rights, women right to live with dignity and 'sexual harassment'. protection against all types of discrimination not restricted to governmental organizations but also for private sector. Termination of the enquiry proceedings in the absence of any evidence/document provided by the complainant in support of Short period past record less than an year or so, if not taken into her complaint, despite calling five time on different dates giving consideration during the full-fledged enquiry, without causing sufficient time, is not illegal. any prejudice to the workman, cannot be such a drawback that enquiry be vitiated. Writ Court have no jurisdiction to interference with the transfer of the complainant to another division. Normally the competent authority endorses the finding of the Enquiry Officer if in reply to second show cause notice no new Abhilasha Dwivedi vs. Department of Women and Child grounds are submitted. Development NCT of Delhi. 2020 LLR 169 (Delhi H.C.) Concept of lesser punishment to employees charged with misconduct of sexual harassment, cannot be considered with any Standing Orders sympathy or leniency in view of increase in such like cases. Since sexual harassment is an anti-social activity,any sympathy or When application seeking modification of standing orders leniency in such a heinous offence would be misplaced sympathy. lies before Certifying Officer, he is not justified directing the employees union to approach management for the purpose. Constitution of India supports to strive towards excellence in all spheres of individual and collective activity for nation constantly Ranipet Grieves Employees Union vs. Additional Commissioner of rises to higher levels of endeavor and achievements. Labour Authority. 2020 (164) FLR 503 (Mad. H.C.) Claiming right requires to follow corresponding duties since rights and duties are inseparable and approach is to be pragmatic Training Bond and balancing. Allegations of man-handling or physically attacking or assaulting Employer is in his right to call back employee from training co-employees or higher officials can never be tolerated. before completion of period. On resignation by employee Compromising discipline will lead to destruction and before bond period completion, employee is liable to pay maladministration or corruption not to be tolerated. liquidated damages. Courts are duty bound to ensure that such respects are also Calling back the employee, sent for training to Germany for six protected. months training, only after two months is not contrary to the terms and conditions of Service Bond, since as per terms and The Management of Ford India Pvt. Ltd. vs. The Assistant conditions of contract period of six months was extendable and Commissioner of Labour (Conciliation)-I & Anr. 2020 LLR 61 reducable depending upon need of company and the company (Mad. H.C.) was not under an obligation to impart training to the employee Complaint of sexual harassment is to be filed before the IC minimum of six months. and not women cell or any other authority. Resigning from the service of the company by the employee is

www.businessmanager.in 54 BUSINESS MANAGER | MARCH 2020 RECENT IMPORTANT LABOUR JUDGMENTS breach of conditions of service bond since as per undertaking, Court does not act as an appellate court or Tribunal and not to the employee was to serve the company for at least two years after review or re-weigh the evidence upon which the determination of his return to India, not necessarily after completion of six months inferior court or tribunal purports to be based or to correct error training but immediately after return to India. or law in the decision. Company is entitled to claim damages since it has also proved Caparo Engineering India Ltd. vs. Kanchaiyalal Madaria and expenses incurred towards air fare, lodging, boarding, Others. 2020 LLR 144 (M.P.H.C.) conveyance, training fee etc. when the employee was sent to Germany and remained there for two months. Company has given reason for reducing the period of training Unauthorised Absence since it was entitled to call back the employee at an early date as Dismissal justified for two years of unauthorized absence. per terms and conditions of contract. Unauthorised long absence of about two years without Since the employee has committed breach of contract, he is liable reasonable explanation is an appropriate ground for justifying to pay liquidated damages. dismissal from service of a workman. As per Section 7 of the Indian Contract Act, 1872, the cardinal Delay of 442 days in filing writ appeal is a proper reason to principles is that he offer and acceptance of an offer must be absolute dismiss the appeal. without giving any room of doubt; offer and acceptance must be "based or founded on three components i.e. certainty, commitment Scope of judicial review in disciplinary matters in very limited and communication and a Contract cannot be valid if there is unless and until it is apparent that the discretion used by the lacking of either component in the offer or in acceptance. lower authority suffers from vice is illegality or material/procedural irregularity, sufficient to shock the Mr. Yeshwant Raghunath Mulay vs. M/s. Motor Industries conscience of the Court and no otherwise. Company Limited. 2020 LLR 155 (Kar.H.C.) Roshan Lal vs. Delhi Jal Board. 2020 LLR 7 (Delhi H.C.) Dismissal for unauthorized absence at the place of transfer Transfer would not be proper when employee expressed inability to work due to awkward environment and offered for For non compliance of transfer order, dismissal without voluntary retirement. holding detailed enquiry would be illegal. Punishment of dismissal from service is not appropriate on Transfer order in respect of an employee on transferable post is account of unauthorized absence if petitioner was feeling himself not sustainable if on his non-reporting for duty at the place of difficult due to family problems to adjust at the place of transfer by transfer, his services are dismissed/terminated without giving facing awkward environment and he had offered for voluntary him sufficient opportunity to submit his cause by holding a retirement. detailed enquiry. Unauthorised absence from duty is not so fatal if several Dismissal of service of a sales promotion employee without applications for leave were sanctioned, may be without pay,since holding detailed enquiry is not sustainable since it is in violation that proves that absence has been regularized by the of principles of natural justice. management. An ex-parte order is liable to be set aside when no negligence, Threat to commit suicide is to be considered in view of facts and inaction or want of bonafide is attributable to employer since circumstances creating difficulties to the employee to which he is such a situation comes within the purview of sufficient cause. practically not able to face. In the absence of any negligence, inaction or want of bona fides, When the delinquent employee has admitted that guilt of attributable to employer, condonation of delay is justified to unauthorized absence, there is no need to conduct further regular achieve ends of justice. enquiry and Enquiry Officer has to consider such submission A sales promotion employee is a workman for the purpose of appropriately. invoking provisions of the Industrial Disputes Act, 1947 since it Ran Vijai Singh vs. State of U.P.2020 LLR 13 (All. H.C.) provides a more effective forum to deal with the dispute between employer and employee. Any disciplinary action against the workman, for any VRS misconduct, is bad in law without holding detailed enquiry prior to taking such a disciplinary action against him since such an Once VRS accpeted by the employee, he is bound by the action is contrary to principles of natural justice and fair play. terms of contract of such VRS. Benefits of a subsequent scheme floated by the company could in no way entitle the If enquiry is not conducted or is held to be not fair and proper, all employee to legally claim any difference of monetary subsequent actions against the workman, would be liable to be benefit. quashed. Chandan Singh vs. M/s. Tinplate Company of India Ltd. 2020 (164) U.C.B. India Pvt. Ltd. and Others vs. Additional Labour FLR 442 (Jhar.H.C.) Commissioner,Indore & Ors. 2020 LLR 130 (M.P.H.C.) A transfer order is illegal if it is in violation of provisions of Section 9-A of the Industrial Disputes Act, 1947. Workmen Burden is upon the Management to prove that transfer is not violative of any provisions of Section 9-A of the Act. Sales Promotion Employee or Sales/Medical Representative is not a 'workman' under the Industrial Disputes Act, 1947. Under Article 227 of the Constitution of India, the High Court has limited jurisdiction to seeing that an inferior court or Tribunal Industrial Adjudicator have no jurisdiction to entertain and try the functions within the limits of its authority and not to correct an dispute raised by an employee, not covered under the definition of error apparent on the face of the record, much less an error or law. 'workman' as defined under the Industrial Disputes Act, 1947. In exercising the supervisor power under Article 227, the High Unichem Laboratories Ltd. vs. Sanjay Goyal and Another.2020 LLR 140 (M.P.H.C.) BM

Courtsey - Labour Law Reporter,FLR,CLR and LLJ

www.businessmanager.in 55 BUSINESS MANAGER | MARCH 2020 LABOUR LAWS not applicable on group housing SOCIETIES

H.L. Kumar Advocate, Supreme Court, New Delhi

Since the housing societies are not business entities therefore, they are exempted from fulfilling the obligations of labour laws. This is the reason that employing labours in hous- ing societies has become a very onerous duty for the office bearers, who work there in an honorary capacity.

o-operative Group Housing ed to only providing for job security and fall within the purview of the definition Societies have become conditions of service as ensured under the of the industry will be as follows:- preferred residential places Industrial Disputes Act, 1947. "...(i) systematic activity, (ii) Cthese days, particularly in big It is immaterial whether one is organized by co-operation between and medium-sized cities. These societies conversant with labour laws are not but employer and employee (the direct and provide good community lifestyle. A coop- most of the residents are often confronted substantial element is chimerical) (iii) erative housing society is a set-up formed with such queries about the status of the for the production and/or distribution of through mutual cooperation and consent Housing societies. Hence an attempt has goods and services calculated to satisfy of a number of members. The members been made here to clarify the applicability human wants and wishes..." have an understanding and a sense of of important labour laws upon the employ- The above judgment was considered in community spirit and camaraderie which ees of such cooperative housing societies. most of the living in independent houses the case of Som Vihar Apartment Owners miss. Besides gated security, the essential Industrial Disputes Act, 1947 Housing Maintenance Ltd. vs. Workmen, 2001 LLR 599, where it was held that when support services like electricians, In Dhanalakshmi vs. Reserve Bank of personal services are rendered to plumbers, carpenters, masons, painters India, 1999 LLR 278 the Karnataka High members of a society which is constituted and sweepers etc. are available on a call Court has held that the Industrial Disputes only for the purposes of those members, and the charges for these services are Act, 1947 is admittedly a social welfare the activity would not be treated as an within the monthly payment for legislation enacted for the purpose of industry nor the employees would be maintenance of the apartment. industrial peace by protecting the interests treated as workmen. This judgment was of the workmen who were found subjected The residents in such societies also subsequently followed in the case of M.D. to exploitation by the employers. The object comprise cross-sections of the societies Manjur & Ors. vs. Shyam Kunj Occupants' of the Industrial Disputes Act, 1947 is to like practising Lawyers, Companies Society & Ors., AIR 2005 SC 1501 and it make provision for the investigation and Executives, HR Professionals among was reiterated that the housing co-opera- settlement of industrial disputes and for others. They are often asked by the tive society is not an industry and its certain other purposes. The machinery of office-bearers of such housing societies as employees cannot be treated to be the Industrial Disputes Act, 1947 has been to whether the labour laws are "workmen" as defined under section 2(s) devised with the object of preventing applicable to them or not as in the case of of the Industrial Disputes Act, 1947. shops, establishments, educational industrial strike, maintaining industrial institutions, hospitals or factories etc. The peace and achieving collective amity Reference is made to a recent case in scope of applicability of labour laws is very between labour and capital by means of Arun Vihar Residents Welfare Association wide, more so, when non-profit making conciliation, mediation and adjudication. vs. State of UP and other, 2020 (164) FLR 29 establishments are covered by the The object of the Industrial Disputes Act, wherein it has been held by Allahabad Industrial Disputes Act but the Housing 1947 is to protect the workmen against High Court that the existence of Societies are exempt from the obligations victimization by the employer and to jurisdictional fact as a sine qua non for of labour laws. Due to the expansion of the ensure termination of proceedings in assumption of jurisdiction by a Court or I.D. Act benefits/privileges like coverage connection with the industrial disputes in Tribunal. The existence of the under ESI Act, Employees Provident Funds a peaceful manner. jurisdictional fact has thus been held to be the sine qua non or the condition & MP Act, Minimum Wages Act, Contract The full bench of the Supreme Court precedent before the Court assumes Labour (R&A) Act, and Payment of Bonus in Bangalore Water Supply and Sewerage jurisdiction to decide the lis on merits. In Act provide the umbrella cover to almost Board vs. A. Rajappa, 1978 (36) FLR 266 this judgment, it has been observed by the all employees. Labour laws are not restrict- has held that whether an activity would

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High Court that the jurisdictional essence its members. It collects the maintenance commercial venture or business, trade or is the presence of an industrial dispute. charges, service charges, and property profession and does not even amount to The petitioner being not an "industry" and water charges payable to the "commercial establishment" much less a and its employees were not "workmen" municipal corporation. It acts as a "shop". The Hon'ble Judge concluded as within the meaning of the terms as statutory agent to collectively represent under : defined under the Industrial Disputes Act, the members. It looks after the Let us now analyse the legal 1947, there could not be said to have arisen maintenance of the building and renders provisions. The claim of the employees any "industrial dispute" and therefore the services such as collecting the prescribed for minimum wages is under the award of the Labour Court suffers from a charges from the individual members and Minimum Wages Act. Item 17 of Part I of fundamental error of jurisdiction and is disburses or spends them in accordance the Schedule reads as under: thus legally unsustainable. with law for repairs, water charges, 17. Employment in any shops or In Arihant Siddhi Co.op. Housing property taxes, payment of wages etc. and keeps proper accounts and gets the commercial establishment (not being an Society Ltd. vs. Pushpa Vishnu More and employment in any bank or employment Others, 2020 (164) FLR 304 while relying accounts approved annually in its general meeting. There is no evidence or material which is excluded) under any of the upon the judgment 'Bangalore Water other entries in this Schedule. Supply' (supra) holding that where to conclude or to infer what other multiple activities are carried on by an activities are engaged in by society. Explanation- For the purpose of this establishment, what is to be considered Employees' Provident Funds Act & entry, the expressions, "Shop" and "Commercial Establishment" shall have the is the dominant function, the Bombay MP Act, 1952 High Court has held that merely because meaning respectively assigned to them in the In Backbay Premises Co-operative the society charged some extra charges Bombay Shops and Establishments Act, 1948. Society Ltd. vs. Union of India, 1997 (2) from a few of its members for display of Security Guards Act CLR 1075, it was held that the petitioner neon signs, the society cannot be treated society consisting of various premises, In Maharashtra Rajya Suraksha as an industry under section 2(j) of the which are used for business purpose by Rakshak and Gen. Kamgar Union vs. Industrial Disputes Act, 1947, for the members are required to collect Security Guards Board for Greater Bombay carrying on business of hiring out of maintenance charges and statutory and Thane District, 2007 (113) FLR 515 (Bom neon signs or allowing display of charges from its members under the HC), it has been held that a Co-operative advertisements and set aside the award provisions of Co-operative Societies Act Housing Society having residential and passed by the Labour Court holding the and Bye-laws. Such activity of the commercial tenements is not an establish- Society as an 'industry'. society would not amount to commercial ment if it is not carrying on business, trade Contract Labour (R&A) Act or business activity. The petitioner or profession even though some of its In Smt. Rachana Gopinath & Another society was hence not covered by the Act members are carrying on business, trade vs. The State of Karnataka, 2016 LLR 864 even under Section 1(3)(b) of the PF Act. or profession in their premises. Relevant test is whether the society is carrying on the Karnataka High Court has held that Employees' State Insurance Act Contract Labour (Regulation and business, trade or profession. Mere In Regional Director, Employees' State Abolition) Act, 1970 is applicable to only rendering of service by Society to its Insurance Corporation vs. Tulsiani that establishment, which is engaging 20 members, cannot be said to be either Chambers Premises Co-operative or more employees. As such Apartment business or trade or commercial activity. Society, 2008 (116) FLR 656 wherein while Owners' Association or Society is not an Shops & Establishments Act considering the applicability of the establishment under section 2(e) of the Employees' State Insurance Act, 1948 to a In Smt. Rachana Gopinath & Another Contract Labour (Regulation and co-operative housing society it was held vs. The State of Karnataka, 2016 LLR 864 Abolition) Act, 1970 as it is neither an that the society could not be said to be the Karnataka High Court has held that the office, department of the Govt, a local covered within the meaning of the word Apartment Owners Association is an authority nor any activity of an industry, "shop" so as to bring it within the ambit Association created for the benefit of the trade, business, manufacture or of the E.S.I. Act, 1948. The status of a Members of the Association and the occupation is carried on in any place of housing co-operative society under so-called workmen employed by the the Association, to attract the applicabili- various statutory enactments was Association are rendering only personal ty of the Act. When the Apartment considered and it was held that the services to the Members of the Owners' Association or Society is neither society could not be said to be carrying Association. As aforesaid, to attract the an establishment nor an 'industry' under out commercial or trading activities. provisions of the Act, the essential the Industrial Disputes Act, persons ingredients of an 'establishment' as set out Minimum Wages Act employed by it cannot be characterised as in Section 2(e) of the Act which workmen under the Act. Hence non-regis- In one case, the Bombay High Court contemplates that the activities must be tration and non-maintenance of records was required to consider whether a commercial in nature, carried on by the under section 7, Rule 17(1) read with co-operative society owning industrial office or department of the Government or section 29 of Contract Labour (Regulation units or galas wherein members or the Local Authority must be satisfied. In and Abolition) Act, 1970, is not its shareholders are carrying on commercial the absence of such satisfaction, violation since Association is not an or trading activities in the said units respondent insisting for compliance of the establishment to be covered under the Act. would make the society amenable to procedures prescribed under the Act is The building of a cooperative housing Minimum Wages Act, 1948 as far as wholly unsustainable. Therefore, the society does not make a commercial employees of the Societies are concerned. registration obtained by the petitioners on establishment to carry on any business or This was considered in the case of Kiran a wrong conception under the Karnataka any commercial activities. Such a society Industrial Premises Co-operative Society Shops and Commercial Establishments is a collective effort of the members, who Ltd. vs. Janata Kamgar Union, 2001 (89) Act, 1961 and further not renewed would have organised themselves to maintain FLR 707 (Bom.), it has been held that a not entitle the respondent to harass the the society and to carry on its affairs in society, in which its members carry on petitioners' Association by filing a criminal accordance with the bye-laws, rules and commercial and trading activities, cannot complaint on some flimsy grounds before the Act. It is a distinct legal entity from be treated or said to be engaged in any the Magistrate. BM

www.businessmanager.in 57 BUSINESS MANAGER | MARCH 2020 Statutory Canteen: Liability of Principal Employer

Deepanjan Dey General Manager-HRM, Tata Steel BSL Ltd., Angul, Odisha

hile dealing with the question of automat- Wic absorption of con- tract labour the constitution bench in Steel Authority of India The Factories Act does not govern the rights of the Ltd. v.National Union Waterfront employees with reference to recruitment, seniority, pro- Workers, (2001) 7 SCC 1has explicitly stated that cases per- motion, retirement benefits etc. These are governed by taining to statutory canteen fall under a different category alto- other statutes, rules, contracts or polices. Therefore, the gether and stand in a different workmens' contention that employees of a statutory footing. The Court in this case has inter-alia opined that where canteen ipso facto become the employees of the estab- the question arose in regard lishment for all purposes cannot be accepted". todischarge of a statutory obliga- tion of maintaining Canteen in an establishment and the employ- er has availed the services of a contractor, the Courts have held that the contract labour would indeed be the employees of the maintain the canteen for the use of its employees" and therefore the principal employer. While com- employees of the co-operative are the employees of the appellant Mills. ing to such conclusions the Apex In G.B. Pant University of Agriculture & Technology, Pant Nagar, Court, in the SAIL case, referred Nanital vs. State of U.P. (AIR 2000 SC 2695) it was observed that the reg- to many previous of its judge- ulation framed under the statute U.P. Agricultural University Act, the ments. In this article we shall University was under the obligation to maintain the cafeteria to serve therefore deal with thoseand food as the inmates of the hostel were not allowed to have food from out- other judgements of the Supreme side. The court held that in view of the requirement of the regulations Court available in this field to framed under the Act having statutory sanction and force with overall comprehend the liabilities of a control and supervision being established the employees of the cafete- principal employer in case its ria are the employees of the university.In Union of India V.Mohammed canteen is run through a contrac- Aslam (2001 1 SCC 720) it was opined that the employees working in the tor. unit-run canteens was held to be government servants, as it has In Sarsapur Mills Co. Ltd. vs. emerged that providing canteen facilities to the defence service per- Ramanlal Chimanlal (1974 (3) sonnel is obligatory on the part of the Government. All these three SCC 66) the question for determi- cases cited above have been referred to in the SAIL case. nation was whether the workers One of the important case in the field has been Parimal Chandra employed by co-operative society Raha & Ors. vs. L.I.C. of India & Ors. (1995 (Supp.) (2) SCC 611 cited in in running the canteen of the SAIL case, has set out the broad principlefor regularization of employ- appellant Mill were the employ- ees working in canteen of an establishment. The following important ees of the appellant. It was held ratio can be enunciated from this case: that as part of statutory liability I) Where under the provision of the Factories Act, it is statutorily "under the Factories Act it was obligatory on the employer to provide and maintain canteen for the use duty of the appellant to run and of his employees, the canteen becomes a part of the establishment and,

www.businessmanager.in 58 BUSINESS MANAGER | MARCH 2020 STATUTORY CANTEEN: LIABILITY OF PRINCIPAL EMPLOYER therefore, the workers employed in such canteen are the employees of LLR 387 (SC)= 1996 (1) LLN 465 the management. (SC) canteens at various loca- II) A canteen which is run as an obligation by the employer other- tions are managed by the wise than an obligation to provide a facility to run canteen and even Implementation Committee though it is not a statutorily obligation the canteen become a part of (Canteen Committee) of the the establishment and the workers working in the canteen will be the Bank, Co-operative Society and employees of the management. Contractor respectively. In this instant case the court did not III) The obligation to provide canteen may be explicit or implicit. If agree with the opinion of the providing canteen services has become a part of the service Tribunal that the ratio laid down conditions of the employees, the canteen becomes a part of the estab- in M.M.R. Khan's case (supra) lishment and the workers in such canteen become the employees of the shall apply. The Court was of the management. opinion in the absence of any However, another landmark judgement in the field is Indian statutory or other legal obliga- Petrochemicals Corporation Ltd. vs. Shramik Sena (1999 (6) SCC tion and in the absence of any 439=1999 LLR 961 (SC) which set out the principle that "that the work- right in the Bank to supervise men of a statutory canteen would be the workmen of the establishment and control the work or the for the purpose of the Factories Act only and not for all other purpos- details thereof in any manner es". In this case an important question was raised by the court as to the regarding the canteen workers implication of the status of the workman under the Factories Act. The employed in the three types of court inter-alia observed: canteens, it cannot be said that "The question however is: does this status of a workman under the the relationship of master and Factories Act confine the relationship of the employer and the employ- servant existed between the ees to the requirements of the Factories Act alone or does this defini- Bank and the various persons tion extend for all other purposes which include continuity of service, employed in three types of can- seniority, pension and other benefits which a regular employee enjoys. teens. The Factories Act does not govern the rights of the employees with ref- In Hari Shankar Sharma and erence to recruitment, seniority, promotion, retirement benefits etc. others vs. M/s Artificial Limbs These are governed by other statutes, rules, contracts or polices. Manufacturing Corporation and Therefore, the workmens' contention that employees of a statutory can- others ((2002 (92) FLR 14 (SC) = teen ipso facto become the employees of the establishment for all pur- 2002 (1) CLR 13 (SC) = 2002 LLR 88 poses cannot be accepted". (SC) = 2002 (1) LLJ 237 (SC)) the However, based on the affidavits filed by the parties the court on Apex Court ruled that whenever merits of the facts cumulatively and in addition that the canteen in the in discharge of a statutory man- establishment of the management is the statutory the court was of the date, a canteen is set up it should opinion "that in the instant case the respondent workmen are in fact not be deemed that obligation has the workmen of the appellant management". The facts upon which the been cast upon the principal court based its opinion are as follows: employer to regularize the serv- ices of the contractor employees a) The canteen has been there since the inception of the appellant's engaged for the purpose of main- factory. taining a statutory canteen. In b) The workmen have been employed for long years and despite a case of statutory obligation change of contractors the workers have continued to be employed in under section 46 of the Factories the canteen. Act the court was of the opinion c) The premises, furniture, fixture, fuel electricity,utensils, etc. have that that it cannot be said as an been provided for by the appellant. absolute proposition of law that d) The wages of the canteen workers are reimbursed by the appel- whenever in discharge of a statu- lant tory mandate, a canteen is set up or other facility provided by an e) The supervision and control on the canteen is exercised by the establishment, the employees of appellant through its authorized officer, as can be seen from the the canteen or such other facility various clauses of the contract between the appellant and the contrac- become the employees of that tor. establishment. It would depend f) The contractor is nothing but an agent or a manager of the appel- on how the obligation is dis- lant, who works completely under the supervision, control and direc- charged by the establishment. It tions of the appellant. may be carried out wholly or sub- g) The workmen have the protection of continuous employment in stantially by the establishment the establishment." itself or the burden may be dele- gated to an independent contrac- The submission of the Management that in view of no abolition of tor. There is nothing in Section 46 the Contract Labour is in place it is open to the appellant establishment of the Factories Act which pro- to manage the affairs of the canteen through a Contractor had been vides for the mode in which the negated by the court as the Contractor was wholly not independent of specified establishment must set the management and therefore the court held that "for all purposes" the up a canteen. Where it is left to workmen in this instant case are in fact the workmen of the manage- the discretion of the concerned ment. establishment to discharge its In the case between Employers, Management of Reserve bank of obligation of setting up a canteen India vs. Workmen, Reserve Bank of India (1996 (73) FLR 965 (SC)= 1996 either by way of direct recruit-

www.businessmanager.in 59 BUSINESS MANAGER | MARCH 2020 STATUTORY CANTEEN: LIABILITY OF PRINCIPAL EMPLOYER

Though the SAIL judgment has put the canteen cases in different pedestal but merely because a contractor employee is engaged in a statutory canteen he will not automatically accrue the right to be regularized unless and until it is proved that the contractor labours are under the effective and absolute control of the Principal Employer.

ment or by employment of a con- workers are competent and qualified and suitable for efficient per- tractor, it cannot be postulated formance of the work covered under the contract. This control has that in the latter event, the per- been kept by the management to keep a check over the quality of serv- sons working in the canteen ice provided to its employees. It has nothing to do with either the would be the employees of the appointment or taking disciplinary action or dismissal or removal establishment. In regard to from service of theworkmen working in the canteen. Only because the Prarimal Chandra Raha's case management exercises such control does not mean that the employees relied on by the appellants the working in the canteen are the employee of the management. court was of the opinion that the In Hindalco Industries Ltd. vs. Association Of Engineering Workers larger bench in Indian (2008 (2) LLJ 1064(SC) = 2008 (1) CLR 1023) held that even though the Petrochemicals Corporation Ltd. record shows that canteen is being run by the Contractor, ultimate con- vs. Shramik Sena and Others trol and supervision over the canteen is of the Company. Inasmuch as (supra) the workmen of the the facts on hand are identical to the decision in Indian Petrochemicals establishment only for the pur- Corporation Ltd. case (Supra) which is a three-Judge Bench decision pose of the Factories Act and not the court accepted the conclusion arrived by the Industrial Tribunal for all other purposes unless it directing to absorb all the employees of the canteen in the company's was otherwise proved that the employment and pay them wages and other benefits to the extent of last establishment exercised com- category of the unskilled workers in the company . plete administrative control over the employees serving in the can- In Balwant Rai Saluja vs. Air India Ltd. 2014 (9) SCC 407 it was held teen. that the workers engaged by a Contractor in statutory canteen will be a workman under the Factories Act and not for any other purposes. The In Haldia Refinery Canteen court was of the opinion that for the workers to be called the employees employees Union & others vs. of the Factory for all purposes need to satisfy the test of employer and M/S Indian Oil Corporation Ltd. employee. It was observed that as the appellant workmen are not under and Others (2005 LLR 529 (SC)) effective and absolute control of Air India and therefore not entitled to negating the contentions of the regularization of their services. During its judgement the court relied appellant the Apex Court consid- upon cases of Indian Petrochemicals Corporation, Hari Shankar ered the Indian Petrochemicals Sharma, Haldia Refinery Canteen employees Union which we dis- Corporation Ltd. case and exten- cussed in foregoing paragraphs of this article. sively quoted the judgment of the Indian Petrochemicals Very recently in Chennai Port trust vs. The Chennai Port Trust Corporation Ltd. case (supra) to Industrial Employees Canteen Workers Welfare Association & Ors bring home the point that the (2018 LLR 612 (SC)) the court has upheld the single and Division Bench Indian Petrochemicals judgement of Madras High Court wherein it directed the appellant to Corporation Ltd. case elaborately regularize the services of the canteen workers. The canteen in question referred and analyzed M.M. R was run through a Co-Operative Society called "Chennai Port Trust Khan case and Parimal Chandra Industrial Employees Co-operative Canteen Limited" since 1964. The Rahas case and it was held in apex court concurred with the findings and judgement of the lower these cases that the workmen court wherein the Division Bench of the said High Court relying upon were the employees of the man- Indian Petrochemicals Corporation case has found great similarities in agement for the purposes of the the facts of both the cases. Factories Act alone and did not Conclusion: become the employees of the Hence from our discussion we can conclude that though the SAIL establishment for any other pur- judgment has put the canteen cases in different pedestal but merely pose. On facts of the case the because a contractor employee is engaged in a statutory canteen he will court was of the opinion that the not automatically accrue the right to be regularized unless and until it respondent management does is proved that the contractor labours are under the effective and not "exercise effective control absolute control of the Principal Employer. From our above discussion over the Contractor" and we can conclude that the Indian Petrochemicals Corporation case is observed the management has pioneer in the field as we found out from various judgments discussed kept with it the right to test, above. Hence, in terms of this judgement a Contractor employee interview or otherwise assess or engaged in any statutory canteen shall be deemed to be a workman determine the quality of the under the Factories Act and not for any other purpose unless and until employees/workers with regard it is proved that the effective and absolute control lies with the to their level of skills, knowledge, Principal Employer and there exist a relationship of Employer and proficiency, capability etc. so as Employee between the Principal Employer and contractor workmen. to ensure that the employees/

www.businessmanager.in 60 BUSINESS MANAGER | MARCH 2020 CASE STUDY CASE

Overconfidence - Boon or Bane?

- By Editorial Team

he VP-Corp. HR of the already working on annual wage FMCG Company having increments of all facilities' employees Questions for Discussion: three facilities in the based on their feedback mechanism. T country, Mr. Kulvinder was Though it was late by few months this 1- Was the approach of Kulvinder not very happy when he was told by HR time, before he could clear the annual in handling the issue proper and head of one facility that the works increments, this demand letter came to justified? committee members have submitted a him. wage increase demands letter in the last Kulvinder concluded that it was 2- What went wrong and where? meeting and requested for quick failure of facility HR head and business response. head. They did not handle works 3- Does lower productivity, Kulvinder was hard core old timer HR committee functioning well and did not increased rejections and poor professional who had enough exposure get a feel what was going on below the target achievement reflects to deal unions and employee relations waters. failure of Mahesh as supervisor? issues in his career in previous jobs. He Company has fair policy of wage has the philosophy that workers will revision in all facilities every year with 4- According to you, what could remain workers and they can't be transparent processes based on overall developed as business partners with be the accelerating factors in performance and conduct of every union formation in both the positivity because it was class conflict employee. Kulvinder was thinking how which will remain always between to diffuse the situation because once he facilities? management and workers, no matter opens the negotiation on wage increase how much you invest in training for with works committee members and 5- What MD should do now and them. Their mind set will not change. agree on certain amount, the same thing how he should respond ER When it comes to job security and salary will happen sooner or later in other situation? increase, they will have collective facilities also. approach against the management. He Kulvinder decided to visit the facility was of the view that workers should about committee members. never be given formal or informal to gauge the workers committee members' depth of unity, commitment Kulvinder held meeting with works platform to unite and raise their voice committee members. Head HR and collectively, so he was not in favour of and seriousness about wage increase letter. He called upon facility business business Head were also present. having any such forum of works Mahesh among workers was noticed committee where workers get united and head and HR Head and informed about his visit. He also asked them to arrange vocal and representing all. Mahesh was get opportunity to raise their demands though process associate since last 10 regularly because it is human desire for meeting with committee members. He also asked to share the relevant years but was informally helping his which never ends. Though such manager in handling workers as line committee was required for compliance, employment data, qualifications, experience and skill competencies, leader. Having computer proficiency, he Kulvinder had cautioned facility was also able to support his manager in business head and HR Head about such influence level on workers and assessment of their leadership qualities preparing various reports pertaining to possibility of situation, because works production etc. committee was not the forum to raise of all workers members of committee. financial demands on company. What Business head and HR head were not Following was the discussion: disturbed Kulvinder was the idea of in sync with Kulvinder's idea to meet Kulvinder: So, didn't you have the presenting collective wage increase works committee members as such move trust on management about your demands in writing sounding the from management may send wrong increment? formation of a formal platform of signals to workers but could not resist. Mahesh: sir, nothing like that. unionism and not the wage increase They also shared all detailed Workers thought to share their issue itself because Kulvinder was information which Kulvinder sought expectations with management looking

www.businessmanager.in 61 BUSINESS MANAGER | MARCH 2020 OVERCONFIDENCE - BOON OR BANE? in to the ever rising price hike and potential leadership qualities should be issue before management because his increasing cost of living. Moreover, it is taken into confidence separately, offer manager communicated him about delayed by several months this time, and them supervisory posts and diffuse the management's unhappiness about his there were apprehensions about lower situation on wage increase. In the mean effective role in mobilising workers to increment than earlier. time, management will announce the raise demand letter . Kulvinder: you know that works annual increment which will be slightly In next six months Mahesh found committee members can't give such wage higher than previous year. himself a failure in supervisory position increase demands? Business Head and HR head though as in times of problems neither his Mahesh: Sir, if it is so, kindly takes it not in agreement with this game plan of manager supported him and offered any as given on behalf of all workers. We can Kulvinder as it may backfire also in guidance, nor workers under him who give you signatures of all workers in future setting up a wrong practice, but were very helpful and cooperative when support of these demands. again could not resist. They worked on he was working as line leader informally, this strategy, talked to Mahesh and few accepted him as his supervisor resulting Kulvinder: and if management others, shared with them the into growing conflicts between him and rejects your demands, then? management expectations, offered them workers, low productivity, frequent Mahesh: we don't think so, sir, we good salary increase with other benefits failure in achieving production targets have full confidence in our management. which were available to management and quality rejections. Kulvinder: Ok. I would like to share cadre employees. Mahesh gave a thought Neither business Head nor HR head one more thing with you. Company is on management offer, discussed in his were happy with this situation and going to recruit few supervisors in family, got motivated to get promoted in incriminating wok environment. Instead management cadre. Would you like also management cadre and agreed to of taking any initiative, they thought it to be considered for such positions or management offer. On seeing Mahesh proper to involve Kulvinder because the management should recruit directly acceptance to management offer, few situation was a creation of his game from outside? others also agreed. Kulvinder announced plan. annual increments first, asked Mahesh Mahesh: I think management should to convince workers to remove any After getting to know the detailed consider internal talent first. dissatisfaction. Mahesh did it very report on this front From Business Head Kulvinder: Business head will soon intelligently and there was no apparent and HR head, Kulvinder advised that share with you all requirements for these sign of dissatisfaction. Mahesh should be transferred to other posts and management expectations facility. He was of the view that by this After few days, Mahesh and others from such persons. action Mahesh influence over workers were promoted as supervisors. Their will be finished, situation will become With this meeting ended. managers took their induction and normal and ultimate objective of his Kulvinder could visualise a potential orientation classes. Newly promoted game plan will be achieved. leader in Mahesh sufficiently capable of supervisors were made aware of their Accordingly when Mahesh was leading the workers union in near future. powers and authority in relation to informed about his under expected Business Head and HR head were responsibility. Mahesh acquired better acceptance and recognition in the performance and decision of taken aback. They were not aware of any management to transfer him to other such supervisory openings. After supervisory position from his superiors and co workers within short span. He facility, He was shocked. He expressed meeting, Kulvinder opened up his game his displeasure about the management plan with business Head and HR Head. performed his duties in accordance with the expectation of the management. He move. He also tried to explain that it was He advised that few such workers tried his best to create an atmosphere management non cooperative attitude including Mahesh, who are instrumental among workers that there was no need to towards him that restrained him from in giving this wage increase letter having adopt collective approach to raise any delivering the results. His senior clearly communicated him either to move to next place of posting or he can very well leave the organisation. Kulvinder was of the view that he will not accept the transfer and clear the way Managing director was of management to remove him. But to the surprise, Mahesh accepted the quite upset to know all transfer order, moved to other facility about deteriorating IR and joined there in the same position. Within next three months, Kulvinder situation in spite of felt like drowning in deep waters, when having all robust HR he was communicated that in both the facilities where Mahesh worked earlier practices. and presently working, workers formed their unions and got registered too and submitted their demand charters. Managing director was quite upset to know all about deteriorating IR situation in spite of having all robust HR practices and recognised as Excellent Company to work for. He called Business and HR heads of both the facilities along with Kulvinder to explain as to why all that happened? Kulvinder had sleepless night and was not able to see a solution.BM

www.businessmanager.in 62 BUSINESS MANAGER | MARCH 2020 I M.D. should work on regaining the trust Anil Malik and confidence of AM HR Solutions CASE ANALYSIS CASE workers

r. Kulvinder Singh the vice defusing the move of wage rise by also did not play and justified their president HR at corporate charter of demand. positions. They have not shown their Moffice of the FMCG Company He was so confident on his thought resistance at any level when they did not has a firm belief of old school of thought process and forgot the basic principle agree with the action, involvement and that workers are ultimately workers and that "once you promote a worker to the decision of the Corporate HR Head Mr. they are not going to be changed by any level of supervisor you may lose a good Kulvinder. However, practically I must means when matter is particularly worker and create a bad supervisor if the say often it happens in the organization, related to increase in remunerations and person doesn't have enough caliber to particularly where communications benefits. lead a team of workers... channel are not open and review Despite of known fact that, formation mechanism of the organization is not so Mahesh in his new role instantly got effective. of works committee is the law full the acceptance and recognized among requirement Under Industrial Dispute the workers. However, nowhere one-sided Elevation of Mr. Mahesh and his other Act 1947and the main purpose of approach works be it management or be co-workers who were involved in creating the Works committee is; to it workers. Mr. Mahesh should have submission of demand letter for wage develop a sense of partnership between understood this fact. One side he was not rise was also become the strategic the employer and workers, Mr. Kulvinder able to gain the support of his Managers failure. Once they were elevated, they was of the opinion that, workers should and other side he was losing confidence should be given time to settle in new role not be provided such forum where they of his people day by day. With change of and instead of coaching them, the can be united. roles and responsibility, people found mangers have enhanced their expecta- Mr. Kulvinder is right logically and him away from them and this situation tion and made them responsible for the has firm opinion to take action on the ultimately resulted into low productivity, low productivity, low targets, and high workers who raised demand letter like failure in achievement of targets and rejections. Further, the transfer of Mr. union representatives and was of the increasing trend in quality rejections. Mahesh gave wrong signals to the workers, which resulted into formation opinion that financial demands cannot Mr. Kulvinder again did another be discussed in works committee. He and registration of union at both the mistake and after getting reports from places. found this as failure of local HR head and the plant, he advised to Business Head expressed his deep annoyance on him. and the local HR Head to transfer Mr. In an organization, Leadership needs He was not interested to initiate negotia- Mahesh at another unit. He was the to be transparent and open. Instead of tions due to unanticipated fear of spread opinion that this way he will be removed tricks and tact one should adopt the to other locations. He had his fix mindset from the scene and situation will become policy of firmness and fairness. One that company will give raise as per estab- normal. He was also thinking that Mr. should not deny what is genuine and lished conventions of the organization. Mahesh would not accept the transfer should never accept which is not fair. It is Directing to arrange a meeting with and he would make the way for his a diagnostic approach of thinking. works committee members was the utter removal from the organization. Again, Theory of needs is common to all be it wrong move of Mr. Kulvinder which both this was wrong perception of Mr. management or the workers. Today's the business head and location HR Head Kulvinder towards Mr. Mahesh. time is not to sit across the table for the expressed to him and said that your Mr. Kulvinder missed to realize that resolution of the conflicts but the time is involvement may send wrong signals to leadership creates leader with trust and to move by joining hands and solve the workers. delegations. He ignored the voice of local issues by understanding of each other Mr. Kulvinder could not won over the HR Head and Business Head who were needs and mature dealing. answers of Mr. Mahesh and decided to actually accountable for their roles and Managing Director of the company adopt the policy of divide and rule by responsibilities. However, it is also can defuse the situation by respecting announcing the recruitment of equally fact that there is no meaning of and recognizing the decision of the supervisors where workers could also be any role without authority and accounta- workers of formation of unions and try promoted. bility. Mr Kulvinder should have acted to regain the trust and confidence of The Business head and Location HR like a mentor and supported to the unit people in management. Similarly Head was not aware about any such and staff. Nevertheless, he played the managers at local level should also be recruitment drive so they remained dirty game and tried to establish his developed, trained and empowered for quiet, as this was the undesirable and a leadership in an authoritative manner, enhancing their communication with dangerous move. However, Mr. Kulvinder which went wrong. Sitting at the top of people and resolve the conflicts at local explained his strategic move about the ladder, he tried to resolve the level. When conflict is managed identifications of such potential and conflicts without taking into confidence effectively, it can bring new levels of influential persons of leadership caliber to the people on the ground. understanding, empathy and trust who can convince workers and help in The Business Head and local HR Head among the people. BM

www.businessmanager.in 63 BUSINESS MANAGER | MARCH 2020 II

Yashwant Bhaid When arrogance Vice President Group HR, backfires!

CASE ANALYSIS CASE Hexagon Nutritions, Mumbai

Yashwant Bhaid of workers and speak for their cause, his and the Management. This has 1-Kulvinder's approach was not based supervisory skills in managing the accerlated the Union formation. on the facts and the ground realities in operations was not assessed at all. 3) Mahesh's transfer against his will the local context. Rather it was driven by 7) He failed in not involving local seem to have brought him back close to his own perception of the local situation leadership even in implementing his workers and triggered his urge within to without validating it with local Business game plan yet giving them adequate lead workers cause, now in both the Head and HR Head. While he is strategi- freedom to change the course of action if plants cally responsible for all units not taking need be being local Managers. 4) Lack of involvement of local local leadership into confidence was his 3-Yes, Mahesh enjoys popularity leaders also lead to lost opportunity to biggest mistake. It also demonstrates his amongst workers and has visible Union get ground level vigilance and IR over-confidence and in a way lack of leadership traits which has started to symptoms during the entire process professional and business maturity. surface in recent past. His assertion in Presuming that the overall wage the interest of workers confirm the increments he was about to roll out same. While luring potential nuisance would be a game changer and any thing maker a supervisory role is a typical age He has failed to take buy and every thing can be done to stop local old strategy,it need not necessarily work movements till then was in a way sign of in the given context. While Mahesh in from concerned Business professional arrogance which backfired envisaged personal and professional Head and the HR Head, this badly obviously. growth for self in the opportunity to be a 2-Kulvinder failed on multiple supervisor, by doing so he has lost his was most critical as they fronts personal credibility in the eyes of 1) He has not gone into depth and workers. This was selfish move for are there running the plant breadth of the situation, not gathered Mahesh which certainly has taken him day in and day out. adequate and relevant facts to take a psychologically away from workers. holistic view of the situation. Additionally, his background and experience does not seem to be matured 2) He has failed to take the cognizance enough to handle supervisory role given of the symptoms he received from the 5-Formation of Union is not to him. Mere change in designation into something to panic about. business unit and its possible influence supervisory role can not guarantee and impact. success in that role and hence Mahesh 1) MD has to assert and give 3) He has failed in taking a pause on failed. Further his selfish movement to Kulvinder feedback on his failure in his overall compensation plan initiative supervisory cadre seem to have handling the situation in the backdrop of the local develop- backfired workers confidence in him 2) MD shall call urgent meeting with ments in the business unit and as a result worker went into Kulvinder, Business Heads and HR 4) He has failed to take buy in from non-cooperation mode resulting into Heads demanding their assessment of concerned Business Head and the HR visible drop in production, quality and the situation and proposed action plan to Head, this was most critical as they are productivity. salvage and manage the situation as of there running the plant day in and day Mahesh's transfer against his will today and way forward. out. seems to have triggered the urge within 3) MD can empower local teams to 5) He has failed to provide equal him to lead workers cause and brought lead the solution opportunity to local leadership to deal him back close to workers. His proximi- 4) MD can demand Kulvinder to be a with the situation and come up with ty to workers in both the plant allowed facilitator in the process collective efforts in collaboration at both their understanding and the game plan. 5) MD to ensure the damage does not the locations. He was any way having overall authori- spread in the third plant ty to look at it and give his advice. 4- Accelerating factors in union 6) MD should not fire Kulvinder but formation: 6) He has also failed to go beyond can give him one more chance with Mahesh and cross check how much 1) Lack of involvement of local timeline of one year to bring situation impact Mahesh has on the workers. leadership in the process. Kulvinder lost under control. Further simply taking Mahesh into the battle in first step. His over 7) MD has to ensure proper Union supervisory cadre in itself was not confidence was the biggest mistake. sufficient. He failed in assessing Management mechanism is in place and 2) Over confidence in elevating is effective. BM Mahesh's supervisory skills. While Mahesh into supervisory cadre. This has Mahesh carries acceptance in the mind lost workers confidence in both Mahesh

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Decode Pesonality Ninth national case writing For Organisational workshop at SVVV, Indore SUCCESS A Cosmo-Psycho Tool Author: Vipul Saxena Publisher : Notion Press, Old No. 38, New No. 6, McNichols Road, Chetpet, Chennai-600 031 Price : Rs. 249/-

Historically, the tenure of most CEOs, business heads and key functional leaders of the best organizations globally have been short- lived despite these leaders being highly talented with credible academic qualifications, high caliber & proven track records. One common factor that came to light was that they failed at a critical point of business decision. The book has been crafted using well-researched & scientifically- analysed data and successfully introduces a new term in the personality spectrum, i.e., Precast Personality. The Ninth National Case Writing Workshop was conducted by Shri Vaishnav School of Management The book argues that it is the Precast Personality of incumbent that (SVSM) under the umbrella of Shri Vaishnav Vidyapeeth plays a predominant role over Apparent Personality acquired through Vishwavidyalaya, (SVVV), Indore in collaboration with high profile academic/management courses to suit the assigned role Association of Indian Management Schools (AIMS), resulting into the failure at “a critical point of business decision.” National HRD Network (NHRD) and Indian Society for The book blends Occult Sciences and Psychology to conceptualize & Training and Development (ISTD). The workshop was derive a Theory for decoding Personality to achieve Organisational scheduled from December 09 -11, 2019. Success. The book ultimately leads to design a Cosmo-Psycho Tool to The workshop was inaugurated by Dr. Upinder Dhar, decode Personality of incumbent. Hon'ble Vice Chancellor, SVVV, who was the facilitator on There are many types of Occult Sciences and Psychometric Tools in the occasion. Dr. Dhar delivered the welcome address and practice across Corporates globally, this book refer only those can be brief introduction to the workshop. Dr. Namrata Jain, used for Personality Predictive analysis of leadership positions, workshop coordinator, introduced SVVV and Hon'ble Vice especially for the purpose of Organisation’s Human Resources Chancellor to the delegates and shared the details of three Management goals aligned with Business Goals. days workshop with the gathering. The participants were This Book "Decode Personality for Organisational Success - a Cosmo- divided into four groups led by Hon'ble Vice Chancellor; Dr. Psycho Tool" is an attempt to derive a formal theory out of his experience Santosh Dhar, Dean, Faculty of Doctoral Studies and to decode Personality through Astrological inputs interpreted into Research; Dr. Rajeev K Shukla, Director, SVSM, Dr. T.K. Psychometric terminology which relates to current era Industry. BM Manadal, Professor, SVSM. Visit to different organiza- tions such as 94.3 MY FM, A.B Road; Elite Research, Statement about ownership and other particulars about Vijay Nagar; Bhayaji Mercantile Pvt. Ltd, Bardari newspapers entitiled “Business Manager” Alwar as required to be Industrial Area was planned for participants along with published under section 19 D of the press & registration of Books their group Act. 1867. coordinators. Prior consent was taken from these Place of Publication : Business Manager, organizations. B-138, Ambedkar Nagar, The second day began with the discussion on the Alwar - 301001 (Raj.) Periodicity of the Publication : Monthly organizations visited. The groups shared their Printer’s Name : Mr. Anil Kaushik experiences, data collected and information shared by Whether Cititzen of India : Yes the representatives of the organization with other Address : B-138, Ambedkar Nagar, groups. Dr. Dhar guided each group for preparing drafts Alwar - 301001 (Raj.) of the case. Teaching notes were shared with the Publisher’s Name : Mr. Anil Kaushik participants and the drafts were revised as per the Whether Cititzen of India : Yes requirements of The Case Centre and the suggestions Address : B-138, Ambedkar Nagar, given by Dr. Dhar and other groups. Alwar - 301001 (Raj.) On the third day, each group presented the case with Editor Name : Mr. Anil Kaushik teaching notes and suggestions were given for final Whether Cititzen of India : Yes drafting of the case. The participants shared the Address : B-138, Ambedkar Nagar, Alwar - 301001 (Raj.) feedback and marked it as a great learning experience. Name & Address of share : Nil Certificates were distributed. Dr. Namrata Jain was holders of the company holding workshop co-ordinator. morethan 1% of the paidup capital 19 delegates from 11 different Universities/ I, Anil Kaushik hereby declare that the particulars given above are Institutions participated in the workshop. true to the best of my knowledge & belief. 1 March, 2020 Anil Kaushik Publisher

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SEARCH H.A.P.P.Y Employee SELECT, ENABLE, ATTAIN & HOLISTIC APPROACH Engagement REACH CAREER HAPPINESS to PERSONALITY, A RECIPE TO BOOST Authors: Sreenidhi S K,Tay Chinyi Helena, ORGANISATIONAL PERFORMANCE Priyanka & M Neha Kamath PSYCHOMETRICS and Publisher : Notion Press, Old No. 38, New No. 6, You Author: Vipul Saxena McNichols Road, Chetpet, Chennai-600 031 Publisher : Notion Press, Old No. 38, New No. 6, Authors: Sreenidhi S.K.,Tay Chinyi Price : Rs. 300/- McNichols Road, Chetpet, Chennai-600 031 Helena, Priyanka,Vaishali and Mayuri Price : Rs. 299/- This book is an amalgamation of scientific Publisher : Notion Press, Old No. 38, techniques, pure psychological approaches, New No. 6, McNichols Road, Chetpet, "Employee Engagement - a Recipe to boost and experiences of people who have Chennai-600 031 Organisational Performance" is a well benefited immensely by career mapping. Price : Rs. 300/- researched Book authored by Dr. Vipul Saxena The idea here is to equip you to learn to who is a known HR leader of Country pursuing To be H.A.P.P.Y. is our birth-right. SEARCH the right career for you, the one 2nd Career after a glorious Defence Career as Amidst our daily hassles and that provides you job satisfaction and Pilot & Aeronautical Engineer. problems, we often forget that future growth. Dr. Saxena, has made a bold attempt to study through our decisions, we choose one of the most challenging concern of SEARCH helps you select the right how our life goes. Every Corporate Inc globally i.e Employee subject or stream and guides you into circumstance that we find Engagement as even Top Organisations like satisfying and enjoyable careers. ourselves in the middle of is a Facebook, Google who are amongst best choice SEARCH helps Enable the hidden circumstance we create, as Employer are facing huge attrition, missing potential within to its optimum. SEARCH knowingly or unknowingly.While out some link of gainful Engagement. helps Attain your best in terms of this may sound rather gloomy,the performance and productivity. SEARCH essential truth remains that we The author interacted with over 1000 employees helps you reach your career goals a lot create our happiness. of 15 Organisations to understand the scales more easily while enjoying your work over which Employees rate their employers and To create happiness, we need to every step of the way.SEARCH helps you also the range of factors that result into know where we want to go and how mold your career path in the positive Employee Engagement. progress direction. SEARCH helps you we want our happiness to look like. Dr. Saxena could establish a "Conceptual gain happiness in all that you do in your Once we have that figured out, the Model" which defines direct connections lie at work or off work. only thing that remains is paving the path towards its, and the first between Employee Engagement to Select, Enable, Attain & Reach Career stepping stone of that path must be Organisational Performance inter-linked with Happiness is that solution! The mantra self-awareness. other factors which are comprehensively here is simple - search for a job/career explained in the Book. that lights the path of happiness, Holistic Approach to Personality, satisfaction and success. Psychometrics and YOU is a The Book also suggests few types of Employees who may be engaged, yet non contributor to the Powered by the importance and treasure chest for people from Organisational Performance. The author has significance of psychometric tools and different walks of life to learn about charted out Road-map for HR leaders to identify techniques, the idea is to help you their true strengths, talents, relevant Drivers and how to deal with it to help identify your true potential, the skills behaviours, attitudes, competency achieve Organisational Goal. that you enjoy using the most and finally, and thinking styles. The advantage find out the type of career that suits you lies in multiple tools and Dr. Saxena has supported his study with well the best. It guides you to analyze your techniques to interpret the people analysed data, presenting it through Tables & idea of what career happiness is, to take behaviours to understand the Graph which can be very useful for readers to the right steps and tone down your diverse influences on human mind understand and also for the B School “SEARCH” journey by helping you to by varied factors like heredity, Students/Research Scholars. The Book has “SEARCH” right and ultimately reach upbringing, situational, been adopted by many reputed Institutes and your career happiness! BM environmental and more. BM Universities globally including IIMs. BM

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