In This Issue IN EVERY ISSUE Response 05 Towards a rooted model of a business manager From the Editor’s Desk 06 Guest Column by Dr. Vinayshil Gautam 07 HR News 08 HR Movement 09 INIDA SKILLS REPORT 2020 : WHEEBOX SURVEY 10 Make your Growing menace of Do we really 11 hiring logical 24 pumpkin heads at accept the workplaces 26 Most of the times such job Change? posts are created by junior Authority is helpful to suppress the recruiter in the team. When changes come in enthusiasm of capable performers; your life, don't just adapt. Hiring manager will write often they are publicly ridiculed everything, he dreams of Change with it. Be aware of thereby pushing them into silent what is happening, don't having. They want obscurity. Authority also helps form readymade candidate who just pretend to be changed. a strong informal set-up comprising Feel the change too. will start delivering from gossips, rumours, manipulations, first day in the Changes are always there blame-games, biases and jealousies to serve a purpose. organization. Don't know (communal and others), inaction, when those hiring Understand the purpose procrastination; all of them killing and change will be smooth. managers started productivity and team work causing delivering when they Sync your inside with it and people and relationships to crumble remove the friction and joined the organization. An down. An article by Dr. Prageetha article by Vinod Bidwaik still. An article by G Raju & Dr. Rajanikanth M Kamya Kukreti

COVER FEATURE

Important LABOUR Judgments - 2019

27-58

www.businessmanager.in 3 BUSINESS MANAGER | FEBRUARY 2020 In This Issue CASE STUDY 61-62 12-23 Fight or flight?

Special Feature HR Focus 2020

-Dr. Deepak Sharma & Swagatika Mohanty

CASE ANALYSIS 63-65

Smitha Swamy Sanjeev Himachali

Vikas Sharma

Subir Sinha

Dr. Aparna Sharma

HR will shift towards AI-enabled from tech-enabled 1. Ridhi should expressely say NO! SANJEEV HIMACHALI Shifting from generalist to specialist mode Mihir Gosalia SMITHA SWAMY 2. Draw a line! Moving towards a more holistic approach DR. APARNA SHARMA Bhaskar Dharival Focus should be on moulding weak into performers 3. No point in keeping quiet VIKAS SHARMA HR has to be more humane Archna Khurana Sharma SUBIR SINHA 66 EVENT REPORT Solutions provided here are in context to narrated facts & not in general. 59 LINE Anil Kaushik Management Expert -HR & IR

India HR Summit 2020 by iConsult India held at Udaipur

www.businessmanager.in 4 BUSINESS MANAGER | FEBRUARY 2020 D&I too RESPONSE Encouraging Diversity & Inclusion in all forms should also be the line manager's responsibility. Organisations with inclusive line managers have high performance and high motivation work culture. Great insights! Falguni R Vabale India s Best HR Magazine Break it! Bureaucracy and playing around with tasks Making HR People Complete instead of accountable KPIs in line with business goals is a challenge with most of the HR managers. And so as HR leader its important to break this and set the FEBRUARY 2020 expectations right. HR is evolving and i was fortunate to witness the great transition you made in HR. Have always been a fan of your pace. We always look up to you Prashant sir. JANUARY 2020 ISSUE Arlene Alex CHIEF EDITOR Communication ANIL KAUSHIK Involve all It has been a open secret in business world but True.. Every manager must have under no one seriously thought of plugging the gap. standing to analyse people with Intelligence of each person, every body has individual ASSOCIATE EDITOR Your cover story on highlighting the need of capabilities and as a manager we need to ANJANA ANIL people function to be understood and practiced identify and ultililize accordingly. Best by non HR people is commendable. Hope after method i have identified is communication. writing of so many industry veterans, It works like miracle. EXECUTIVE EDITOR organisations work seriously and draw road map Anand Shukla JAYSHREE DUTT to make collective responsiblity of people issues by all and not by HR only. Move down JM Thomas Rightly said Suryanarayana. Time to DESIGN & DIGITAL challenge the fundamentals of HRM. It has to SATENDER TEJ ARUN Lacking clarity move down the line. Vimlesh Because HR always struggles with clarity about what is HR? Finally ends up with salary SUBSCRIPTION disbursement and Employee Relations Congratulations for choosing wonderful GIREESH KUMAR DIXIT Management. Very few have clarity about subject. Anilji... aligning HR with business goals. Rajiv Ranjan Naresh Mehta Look forward to reading it with interest. Practical HON'Y EDITORIAL BOARD Talam V Rao Practical view points to stress the importance of Dr.T.V.Rao people orientation across the organization and the IR Code article is timely and informative. Dr.Vinayshil Gautam facilitating role by HR specialists. Sachin C. H. L. Kumar Sridharan J Dr. Rajen Mehrotra Well written article! Insightful Varsha Ramya Good insight on Code on Industrial Relations. Best wishes to you and your team Gajendra Harishanker Dr. Prageetha G Raju

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, 07665913854 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 | FEBRUARY 2020 FROM THE EDITOR’S DESK

Balancing the rights & duties

As the year 2019 has gone by leaving certain impacts on industry and employer- employee relationship through judicial pronouncements, one of the most discussed judgments of Supreme Court has been of provident fund applicability on certain allowances treating them as part of basic wage. This decision while on one side has set to rest a long drawn controversy on the point, other side; employers are left with no clarity on past recoveries indicating huge financial implications.

Judiciary has consistently appeared to have taken sexual harassment issues at workplace very seriously. Year by year judicial pronouncements have helped clear the doubts about IC, its inquiry procedure and its findings' importance. Madras HC has decided that in case of dismissal on the basis of IC enquiry findings, no prior approval is required under provisions of I.D. Act. This is a big shift where IC findings have been placed almost on equal footing of a tribunal. Loss of confidence of employee in employer due to misconduct has also been established a point where no reinstatement would be granted. In respect of engagement of contract labour also courts have clearly defined the parameters of employer-employee relationship, without establishing that, contract labour cannot get any relief against principal employer.

There appears to be consistency in judicial though process that while industry should be reasonably free to manage their people affairs, employees’ legal rights are also not allowed to be taken away.

This edition is annual compilation of all important labour judgments delivered and published in various journals during last year. Our team works throughout the year for this edition. It is all about going through all the judgments published whether offline or online, selecting them, assessing their relevancy and importance for our readers and then putting their central idea in one/few lines to prepare this special issue. It carries around 800 judgments of Supreme Court and various high courts.

Apart from this, edition also carry a special feature on HR Focus-2020, about which experts have attempted to figure out certain areas on which HR fraternity will be working around should focus in coming year.

If you like it let us know. If not, well, let us know that too.

February 2020 Happy Reading. Vol. 22, No. 8

Anil Kaushik

@ tdanil anilkaushik anilkaushik

www.businessmanager.in 6 BUSINESS MANAGER | FEBRUARY 2020 HR without PREJUDICE Aristotle, a great protagonist of thought elaborated above. notwithstanding his eminence. was perceived by many, to be differently positioned to his Guru Plato. The counter argument to the empiricist thought is that human beings are borne with ideas of fair play.aesthetics.courage and lot of this innate. The huge overlay of Euro centrism over intellectual orientations would have us believe that the Indian philosophies of Yog, Nayay or Vaishasheshik have nothing to say on these issues! This kind of streaming is a common loss. On one side emerges an over emphasis on Euro- Greek thought and on the other the underplay of eastern thought. These different schools Dr. Vinayshil Gautam, Internationally acclaimed management expert.Chairman, DKIF almost grew independently parallel and without any obvious borrowing from each other. This becomes even more potent when one looks at the changing boundaries of Towards a rooted empires. Whereas the hoardes of Alexander marched from Macedonia to the Indus there was no counter thrust ever, of an army of a satrap of the sub-continent marching on the model of a Central Asia or anywhere else to extend the boundaries of its domain and incorporate in its empire. business manager It is important to recognize all this because business models of expansion and expropriation as studied today are essentially he world of thought, is like any other universe, fragmented; very often converting a the outreach of western thought. Indian given line of thought into a creed. In the final analysis, many seem to be pursuing a business has a different grain. It is self T cult rather than a problem solving approach. contained and instead of talking of 'aggressive competitiveness' it talks of active collaboration. Autonomy of enquiry is a central principlefor human progress. Various schools of philosophy and analysis have tried to understand and explain the human phenomena. The business schools are yet to wake up to Many of them have sought to plead the correctness of their approach and the primacy this reality and prepare business managers in of the explanation they espouse. The empiricist school wants only verified thought. It completeness, rooted in Indian conditions for does not recognize that the logic of the unexplored component of the universe may Indian environment. Unless this happens the require freewheeling with various alternative model of explanation. Ultimately some chances of replications of the business reaches truth may be in each of these approaches, making the universe of knowledgeaplatform of Indian entrepreneurs from Sumatra to Rome of collage where each assumption has may have a limited, but some, mileage. will remain a matter of eloquent thought but little substance to back it up. The so called scientific method is a much needed approach. The problem however, is science does not precede visualization. The Newtonian approach of empirical The growth model in its present incarnation verification, is much celebrated and with good reasons. There is a need, however, to needs a look at all the models which different recognize that this approach has boundaries like any other approach. These debates are parts of the world, at different points of time, seminal to human history and are not taking place for the first time in human civilization, have thrown up and are capable of taking route several mellinia ago Sankhya philosophy explored the relationship between Satkarya Vad in modern times. (there is always a reason) and Asatkarya Vad (there need not always be a reason) This requires a mindset, an approach, an predictably the person who tries to bridge the two propositions of Sankhyadarshanas - association. There is nothing in the formal SatkaryaVad and AsatkaryaVad- has to be very cautious. learning processes which, as of now, This leads inevitably to reflections on pros & cons of empiricism. The 'reasoning' of encourages such orientation and it is here science is sought to be projected as in a conflict with the'belief' of religion. The distance where the community and the family influence between religion and faith is small but deep. Religion begins with an act of faith. Faith is becomes a critical factor dominating the scene. a commitment to a paradigm coming from a person whose integrity is respected and This has to do with mind sets to receive in a fair who is supposed to have wisdom, to which believers defer. manner, interpret accurately and react constructively. By the time one graduates to Knowledge is a cognitive process but imagination is a potent factor in understanding. the university stage, employment has been It is herein that understanding of what is happening to the individualdyadic relationship, converted into a massive slugfest of group relationship, inter-group relationship, community relationship, becomes critical. competitiveness and only thing which seems In the ultimate analysis facts are good only so far as they go. Often in life in business to matter is winning. This cannot be a recipe for decisions and just about every facet of human endeavor decision has to be taken on the the growth of the balanced individual and a spot and an overall judgment exercised. Any serious decisions maker well will testify that truly authentic problem solving orientation. nearly in 85% of the situations one does not have the luxury of either deferring a decision This affects business perhaps more than it or, 'asking for facts' let alone running it through an analytic prism. affects any other domain of livelihood. The Be that as it may it also does not follow that one can entirely work with applied matter need attention. BM imagination and overlook the facts, patchy even though, they may be. The complexity does not end there. Even though ultimately decoding is done by the brain the inputs are through the senses.

www.businessmanager.in 7 BUSINESS MANAGER | FEBRUARY 2020 HR NEWS white-collar employees enter Govt plans to implement all four gig market labour codes in 2020-21

According to research from Flexing It, a gig platform, The government is planning to implement all the four india Inc is getting to like the gig model of white-collar work- labour codes on a single date in 2020-21, as per a report in force. More companies are keen to hire part-timers, Business Standard. The government believes that a single date freelancers and flexi-time talent. Companies expect to see for the implementation of all the four labour codes will be independent talent comprise over 15% of their workforce in fruitful because it will ensure uniformity and will lead to an the next 5 years. The research findings are based on its efficient execution. report 'Crafting a Strong Freelancer Value Proposition', that While the labour code on wages has already become a law, had responses from over 50 organisations and over 560 the remaining three codes each on industrial relations, social freelancers. security and welfare and occupational safety, health and Research indicates that: working conditions have been introduced in the Lok Sabha. 93% organisations now show a high degree of comfort to After all the four codes become law, industry will have to apply leverage flexible talent for strategic work and carve out the for a single registration for labour laws instead of the need to roles and responsibilities clearly do eight separate labour law registrations. 53% of the consultants surveyed have been freelancing for However, the implementation of the Code on Wages Act, less than 2 years 2019, could face delay by at least one year from when it became 41% women freelancers work remotely and 71% work on a a law. part-time basis. This makes independent work a core Source: BS strategy to reverse India's falling Labour Force Participation Rate (LFPR) for women Women ahead of men in 39% freelancers work for large multinational companies while 15% work for start-ups work-life balance 79% have more than 10 years of experience; 33% have over 21 years of experience Given the growing rigours of urban life, several organisa- 90% of the projects that freelancers worked on were of tions have flexi-work policies which are gender-agnostic. strategic priority However, while more women make better use of such policies, The roles in demand would be not many men are doing the same, suggests a study by Godrej Consulting and strategy for small projects Interio. Industry expertise (for example, solving supply chain In the survey of 1,300 working professionals - of which 64% problems for e-commerce) were male - 76% of the men claimed that in the balancing act Newer age skills (UI/UX), analytics and data science of work-life, they miss out on living their life in their way as compared to 54% of women. And 61% of the male respondents For core support functions like HR (diversity, HR admitted that they do not spend time pursuing their passion. processes, finance and legal) The findings from the survey conducted across 13 cities Referral (networks) is the number one source of reveals a clear clash of Indian men's professional aspirations talent/projects, with flexible talent platforms rapidly with their passion. emerging as a key source (20%) and a channel that is Godrej Interio COO Anil S Mathur said, "According to our expected to grow meaningfully in the coming years survey findings, with the pressure of work, technology and In terms of compensation: daily routine, men find less time and opportunities for them- 31% freelancers don't get a premium over permanent selves, family bonding and their passion as compared to their employees despite the lack of other benefits women counterparts. The woman has always been the 34% of the organisations surveyed said incentives or guardian of the home, and through years of balancing multi- rewards were provided to consultants while only 20% of ple responsibilities for family members she has acquired the freelancers quoted receiving such benefits life skill for management." 40%+ freelancers indicated that they do not get However, women's participation ratio at work in India is nonmonetary benefits; Disparity in perception as 75% of still low, at about 23%, and leadership levels are clearly domi- business leaders said benefits were offered nated by men. Source: ET Source: TOI IT cos likely to hire 10% more freshers The IT Sector is likely to hire 10 per cent more freshers in Last year, market leader Tata Consultancy Services (TCS) 2020, even as the overall recruitment in this space may remain had made offers to 30,000 engineers from campuses; Infosys at the current level. made 18,000 during this period. Wipro has plans to hire 20,000 According to various estimates, the net addition of new fresh graduates in the current financial year (FY20). jobs in the IT sector is likely to be more than 100,000 in 2020, of "While IT firms are reducing staffers at the mid-level, CXO which around 40 per cent will go to fresh graduates from engi- level hiring remains robust, which is likely to continue in 2020 as neering colleges. well," said a senior consultant at a global HR consultancy firm. Experts in the human resources (HR) consultancy space According to experts, GICs (global in-house centres) of multi- said that mid-level staffers with more than six years of expe- national corporations, and start-ups are looking for more hiring rience will continue to face pressure this year as IT firms are at leadership roles as compared to traditional IT firms. likely to reduce count in this level. Source: BS

www.businessmanager.in 8 BUSINESS MANAGER | FEBRUARY 2020 HR MOVEMENT PADMANABHAN S Elevated to Head - HR Naresh Gautam appointed as Vice President (Operations - Global) - L&T - HR at Technoblast Mining Private Ltd. Working as Head - Human Resources (Domestic), With about 23 years of experience in HR, Naresh Gautam has now Power Transmission & Distribution IC of L&T since joined as Vice President - HR at Technoblast Mining January 2017, PADMANABHAN S has now been Pvt. Ltd. & Technoblast Mining Corporation. Prior elevated to Head - HR (Operations - Global). He to this appointment Naresh Gautam was has been in the profession since last 22 years and Assistant Vice President - HR with Monnet Ispat & served the orgnaisations like Cadila, Dr. Reddy's, Energy Ltd. for about 10 years. He has also NCR Corporation, Titan Industries and KONE worked with Gujarat Borosil Ltd., Shriram Honda Elevators. and Power Equipment Ltd.

Keshav Rao appointed as Director Swatee Sarangi appointed as global head for learning, leadership & OD at Dr. Reddy (Personnel) of Mahanadi Coalfields Ltd. Keshav Rao, ITS, took over as Director (Personnel), After serving for about 4 years in L&T as Head - Capability Mahanadi Coalfields Limited on 18.12.19. Shri Rao, a for- Development, Corporate HR, Swatee Sarangi, a business focus HR mer General Manager with BSNL is a B.Tech in practice and thought leader has now been appointed Electrical Engineering from IIT, Bombay and a post as Global Head for Learning, Leadership & OD at Dr. graduate from IIM, Ahemdabad. He brings with him Reddy's, where she will be driving a change mandate through learning, leadership and 26 years of experience in HR, Vigilance, Project capability building. At L&T Swatee while driving Execution, Planning & Operations in Telecom industry. learning with passion, she was anchoring the leadership pipe line and several key strategic Quick Heal Technologies appoints people development interventions. Reetu Raina as CHRO Rajiv Oza appointed as Senior Director HR Quick Heal Technologies Limited, the pioneering cybersecurity (Country HR Head) at Stryker products and solutions company, with presence in B2B, B2C and B2G segments, has appointed Ms. Reetu Raina as its Chief Human With about 24 years of experience in HR, Rajiv Oza has now joined Resource Officer (CHRO). Raina will be responsible Stryker as Senior Director HR (Country HR Head). Prior for driving Quick Heal’s HR function and steer the to this appointment Rajiv Oza was with GSK as company’s people operations, culture and Regional HR Business Leader - South Asia for about recruitment initiatives. Ms. Raina holds exten- 4 years. He has also been with Biological E. Ltd., Dr. sive industry experience and has worked across Reddy's, Transformers & Rectifiers India, Honeywell sectors such as Telecom, BFSI, and IT before join- Tata Chemicals, Subros Ltd., Moser Baer, Roulunds ing Quick Heal Technologies. codan and Polymedicue ltd.

Ashutosh Srivastava appointed as Zonal Amit Sharma promoted as Head - Central Head - HR of BFSI Industry HR of Zee Entertainment Enterprises With about 6 years of experience in HR, Ashutosh Srivastava has With about 19 years of experience in HR, Amit Sharma has now joined as Zonal Head - HR of BFSI Industry. Prior started new position as Head - Central HR of Zee Entertainment to this appointment Ashutosh Srivastava was Enterprises. Prior to this appointment Amit Sharma Regional Manager - HR with Indiabulls Consumer was Manager HR with Stream International for Finance for about 1 year. Ashutosh Srivastava has about 1 year. Amit has also worked with also worked with AnandRathi Shares, Stock Flexiworks India, Percept Picture Com. and Brokers Ltd. and Club Mahindra. Ashutosh Peopleone Consulting. Amit Sharma is Master of Srivastava is Graduate from Lucknow University. Labour Laws and PM from Lucknow University.

Anant Garg appointed as CHRO of Becton Panneer Selvam appointed as director- Dickinson HR of BEML With about 16 years of experience in HR, Anant Garg has now With about 36 years of experience in HR, Panneer Selvam has joined as CHRO of Becton Dickinson. Prior to this now joined as director-HR of Bharat Earth Movers appointment Anant Garg was director - HR with Eli Limited (BEML). Having joined BEML in the year Lilly and Company for about 8 years. Anant Garg 2004, as deputy general manager at KGF has also worked with Mercer Consulting and Complex, Selvam went on to head the Palakkad, Accenture. He is MBA in HR/PM and IR from XLRI Mysuru and KGF Complexes. He has handled vari- Jamshedpur. He is passionate about developing ous responsibilities in the organisation, including leaders, driving innovation. the materials division and production in defence.

www.businessmanager.in 9 BUSINESS MANAGER | FEBRUARY 2020 INIDA SKILLS REPORT 2020 : WHEEBOX SURVEY Reimagining India’s Talent Landscape for a $5T Economy

2020 2014 How has Employability changed over the years? Banking & Financial Services TOP SECTORS BFSI, & Insurance (BFSI) Pharma & BPO, KPO & ITeS Healthcare, Internet Telecom business 2014 2015 2016 2017 2018 2019 2020 2019 2015 Hospitality BFSI Which sectors (including Aviation, 47.38% Software/ Tour Travels) 45.60% 46.21% Hardware have hired BFSI, Core Sector 38.12% 40.44% Manufacturing (Oil, Gas, 33.95% 37.22% the most? Steel etc.) 2018 2016 Retail E-commerce & BFSI 2017 Transport How has the hiring intent changed every year? Retail Pharma & Core Sector Healthcare (Oil & Gas, 23% 2015 Steel Minerals) Software/Hardware Auto Ancilliar 2019 2016 15% 14% 2018 2020 Which are the states 10% 10% 2017 with maximum supply TOP 3 STATES 7% of employable talent? 2014 2014 Punjab Haryana Delhi 2% 2015 Delhi Orrisa Uttar Pradesh

Andhra Pradesh 2016 Uttar Pradesh Delhi HIRING INTENT PERCENTAGE 2017 Maharashtra Andhra Pradesh West Bengal

Which states have Andhra Pradesh 2018 Delhi Gujarat Gujarat had the the maximum hiring 3rd highest hiring 2019 Andhra Pradesh activity? Delhi activity in 2018 Uttar Pradesh

Delhi had the 2nd Maharashtra 2020 Tamil Nadu highest hiring activity Uttar Pradesh Maharashtra had the in 2016 & 2018, and highest hiring activity in the 3rd highest in 2016, 2017 & 2019 2014, 2015 & 2019 and 2nd highest in 2015. It will likely have Andhra Pradesh had Men v/s Women 3rd highest in 2020 the highest hiring PARTICIPATION activity in 2018 71% 70% 68% 71% 77% 75% 77% AT WORK Karnataka had the 30.30% 46.87% 46% max. hiring activity Tamil Nadu will have EMPLOYABILITY 34.26% 36.01% 40.12% 47.39% in 2014 & 2015, 3rd the highest hiring highest in 2017 & in 2020. It had the 2014 2015 2016 2017 2018 2019 2020 2019. And will stay at 2nd highest hiring in 2014 and 3rd highest PARTICIPATION rank 2nd in 2020 29% 23% 23% in 2016 & 2017 AT WORK 30% 32% 29% 25%

EMPLOYABILITY 42.10% 37.88% 39.95% 40.88% 38.15% 45.6% 47% Necessity of propelling the country’s FEMALE

PARTICIPATION in the This report is a combination of an assessment of 300,000 Candidates workforce to 48% at par with the from 3500 Educational Institutes across 28 States and 9 Union Territories of India who appeared for the WNET and 150+ Corporates across 9 global average over the coming Industry Sectors who participated in India Hiring Intent survey. 10 years.

www.businessmanager.in 10 BUSINESS MANAGER | FEBRUARY 2020 Vinod Bidwaik Vice President -HR,Alfa Laval India Private Limited,Pune

Make your HIRING LOGICAL

Most of the times such job posts are created by junior recruiter in the team. Hiring manager will write everything, he dreams of having. They want readymade candidate who will start delivering from first day in the organization. Don't know when those hiring managers started delivering when they joined the organization.

ometimes, job postings surprise me. A small organization having specialist should ask lot of questions its office in downtown city asks applications from candidates who and challenge if manager has some are supermen from nice institute, having mind-blowing different expectations. For example, experience of handling everything. Of course, their salary most of the time, managers expect package is not that mind-blowing. Sometimes their expectations candidates from competition. By only areS just unrealistic. I have seen the job post which asks 8 years of experience in certain technology and that technology is only 5 years old. hiring from competition, we are Every company wants their candidate from reputed institute, working in creating artificial dearth of reputed company either in MNC or Indian MNC. When I see these job candidates, secondly, we are postings and if I would have been the candidate, I am sure that there are discouraging the diversity and third little chances of my résumé shortlisted. There are few candidates who also creating the monopoly for the talent. don't bother what's written in the job advertisement; they apply for every Same is for candidates from specific position cluttering the inbox of recruiter. Recruiter gets confused whom to college, specific region and genders. shortlist because she doesn't get anybody who is qualified. Recognise & overcome biases : We As commonly cited statistic is that women only apply for jobs when they feel 100% qualified, while men are willing to apply when meeting just 60% have biases as explained above about of the qualifications - evidence of a confidence gap between the genders. companies, colleges, gender, But both men and women fall into the trap of taking job requirements too community,cast and regions. We need seriously.I frequently listen to talent acquisition specialists aka recruiters to recognise that, yes; we are bias and speaking about selling the job to the candidate. This is because their then work on to overcome those mailbox in cluttered with irrelevant resumes because of strange job posts biases. HR plays an important role and they get very few relevant candidates. It doesn't mean that there is a here to help the manager by dearth of relevant candidates. challenging his biases and supporting Most of the times such job posts are created by junior recruiter in the him to take the right decision. team. Hiring manager will write everything, he dreams of having. They want readymade candidate who will start delivering from first day in the Hire for potential : Candidates organization. Don't know when those hiring managers started delivering should not be shortlisted based on when they joined the organization. their tenure, short or long, in the Then there is a category of job postings (common in India) which only company.Selection should be based on seek applications from certain institutes (like tier 1), specific gender (to what experience they gained, how improve the diversity targets given by their bosses) and certain companies they developed themselves, and what like European or American companies. People in American companies they contributed to the business. You think that working in American companies is very tough and employees should find out the reason of short or working in Indian or other MNCs will not survive in "their" companies. long duration. They may contribute in And later think the same way. a short span in one company or In short, they want the best, fast & cheap. This is the rule of three in the multiple contributions in another business world : whether you're talking about a product, a service, or a company. See their growth and person, you simply cannot have it all. But then what we do in such cases? As pattern of development instead of just a professional we need to calibrate our expectations and you can do it by experience. working on following tips. Challenge the assumptions : Healthy and challenging discussion is I know this is not rocket science, but always good. HR professional, talent acquisition specialist and hiring you take a balanced view, you may get a manager should come together. In-take meetings are crucial. TA result. BM

www.businessmanager.in 11 BUSINESS MANAGER | FEBRUARY 2020 Special Feature HR Focus 2020

Smitha Swamy Sanjeev Himachali

Vikas Sharma

HR will shift towards AI-enabled from tech-enabled SANJEEV HIMACHALI Shifting from generalist to specialist mode Subir Sinha SMITHA SWAMY Dr. Aparna Sharma Moving towards a more holistic approach DR. APARNA SHARMA Focus should be on moulding weak into performers VIKAS SHARMA HR has to be more humane SUBIR SINHA

www.businessmanager.in 12 BUSINESS MANAGER | FEBRUARY 2020 HR Focus 2020 SPECIAL FEATURE

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

In the coming year, hierarchy is set to be demolished with the trends towards the teal organization. The teal organization is concerned with self-management and self- organization while keeping a consciousness level on the happenings in the outside world.

HR will shift towards AI-enabled from tech-enabled

With the unemployment graph at its high, the role of human resource What's possibly wrong with the professionals is getting fairly critical. Organizations will be tempted to working conditions in the incorporate the upcoming HR trends in consolidating their workforce, checking organization? employee experience, and ensuring data security. Trends as per the study Wage pay offered by the rival carried out by the European Union are indicating towards a workforce more firms. profound in ICT (Information and Communication Technology). Human resource practices are undergoing dramatic changes that too at a rapid pace. Areas in which data analytics is This accounts for the need to keep pace with the ever-changing trends. HR will going to transform HR shift towards AI-enabled from tech-enabled ensuring a balance between the two. Aiming to reduce employee Let's shift our focus straight to those trends in human resources that are turnover. going to create some buzz in 2020. Working towards providing employees with experience and job Ever-increasing role of artificial intelligence in recruitment satisfaction. Most of the hiring process has taken a leap from manual to automatic. The Suggesting ways to refine the rest is expected to be automated in the time to come. The elements such as business process and application tracking system, candidate screening, and email automation are using artificial intelligence. AI can be employed to predict when to hire implementing automation. employees, and when to halt the employment process. Helping to recruit a talented workforce. Perks of using artificial intelligence Assisting in workforce Speeds up the candidate screening process : AI-based recruiting management and talent hunting. solutions help in filtering the wide base of applicants on the grounds of skills and qualifications. This can be a tiresome task for a recruiter. Specialists over generalists : Time saving : AI reduces the tendency to perform a task repeatedly, which Over the past decade or so the trend is to deploy a human resource manager in turkey saves time. AI operates on a go which might take the recruiter who is responsible for a wide range of hours to execute. duties this trend is expected to change Unbiased decision making : AI completely rules out the possibility of in 2020. HR development specialist, biases. Candidates will be shortlisted based on their skill set, and HR management specialist, and HR qualifications as there is a minimal human element in the recruitment information system specialist. The process. reason for such a shift is the HR analytics : Analytics is something that is known by all but it is more turbulence in the environment, fast- often than not taken for granted. Data analytics provides the organization with changing environment laws. Rules, invaluable insights in the form of trends and data which helps keep a check on and regulations getting stricter over the absenteeism rate of employees, their leave frequency, and the employee time, and most importantly the turnover rate. outcomes of the generalist approach are not very encouraging. The roles To evaluate how strong the data analytics framework of the organization is like that of the recruiter or the to ask the following queries about the organization. For instance, let's try to find visionary need to be assigned to some out what can be the possible reasons for an organization to have a high specialist as the performance of a employee turnover rate. sound HR function is pivotal to them. Is there any specific segment of the organization facing an unexpected peak? Teal organization : In the coming What's the average time an employee works for the organization?

www.businessmanager.in 13 BUSINESS MANAGER | FEBRUARY 2020 HR WILL SHIFT TOWARDS AI-ENABLED FROM TECH-ENABLED year, hierarchy is set to be from the "Top-down approach" to a more balanced "bottom-up approach". demolished with the trends towards Continuous performance evaluation : As per a recent report, only 8% of the the teal organization. The companies were satisfied with their performance evaluation reports. This organizations will get over the indicates the need for an efficient evaluation tool. Performance evaluation at the traditional management practices year-end seems to be an obsolete practice. It is no longer relevant given the pace at like preparing quarterly budgets and which the environment is changing. Performance-oriented organizations have reports, using organization charts, started to observe the performance of their employees on the roll. Continuous etc. The teal organization is evaluation aids in talent retention, providing training, and technical support to concerned with self-management and those who are lagging. self-organization while keeping a consciousness level on the The problem is how to implement a continuous performance evaluation system? happenings in the outside world. That too is not a big problem, the software companies have started to provide CPM (Continuous Performance Management) tools. These CPM tools precisely work out The teal organization is the fifth the need for mentoring, receiving feedback, holistic reviews, plans aimed at the stage of the colour codes designed to development of skills, and appraisal programs. understand the evolution of organizational structures. Top Managing remote workforce : Have you ever spared a thought on the fact that management and ownership are the how companies like Amazon and Google are dealing with their workforce which is two factors that are going to be scattered in all parts of the world? This is the example of remote workforce critical in the upcoming years to management. With Globalization at its peak, organizations are having employees move towards the Teal organization. in their workforce that are working from their place around the world. One can The CEO of the organization must expect this phenomenon to be a crucial one in the coming years. It can be quite truly believe in the Teal paradigm tricky at times to organize them as you cannot gather them at a place and brief both psychologically and them. theoretically. The owners will also Talent hunting and shift towards a result-oriented methodology of operation have to understand that they need to have given rise to this solution. Automation is by far the best solution to tackle this give the Teal organization a long run situation. To manage the workforce, organizations will look to implement Remote despite the occasional rough patches. team management software, in addition to the establishment of virtual offices. Use of Robotic Process The shift towards the gig economy : According to a survey by Intuit, by 2020 Automation : Automation will around 40% of the workforce in America will make a move towards the individual remain the need of the hour in 2020. contractors. This trend is more than just an indication that the workforce has RPA is a technology - driven process already started to shift from permanent contracts towards relatively short-term aimed at automating the business contracts. People are lured towards working as freelancers. The fact that the gig process. Incorporation of RPA tools economy extends greater flexibility regarding working hours. 9-5 working pattern will enable an organization to shift is no more considered convenient. Moreover, in Gig economy workers are their towards proactive hiring. RPA will bosses, they are not subordinate to someone's wishes to an extent. automate the processes of resume HR outsourcing : Prism HR has confirmed in its report for the year, 2019 that screening, candidate shortlisting, HR outsourcing will be a significant feature in 2020. It is expected that in this age onboarding and monitoring of of shrinking nature of organizations, HR outsourcing will become a salient feature employees. The resources such as of the organizations. It will save the organization's Money and will account for time and money are saved using RPA lower legal risks. The workforce will be able to focus on core business processes. which can be expended in the core Regulatory compliance won't be a problematic thing anymore. It will bring synergy business operations. to them. HR Personals at key positions can Rise of the millennials : Despite the constant criticism they have to face, if save up to 40% of their time which is you go by looking under the skin you will find out that millennials are true change consumed in performing repetitive initiators. They are responsible for taking the organizations from the old school tasks by incorporating RPA thinking to the redefined ways. Millennials are technology geeks who are always techniques. Processing time and dedicated to innovation. susceptibility to errors are also It is expected that millennials will direct the flow of fresh ideas, and new expected to come down exponentially. workflows into the organization. They want flexible working conditions in which Holacracy : The centralized forms they can mould themselves easily. of organizations in which the flow of HR and Chatbots : Communication is the spine of human resource information is more or less management, and Chatbots are all about efficient communication. Chatbots is a unidirectional are experiencing a technology that incorporates artificial intelligence to provide a platform for great dip in the recent past. This communication. Chatbots are bots or robots which interact with the users. decline is believed to be on account of Engaging with Chatbots gives a sense of comfort that there's not a human on the the lack of flexibility, and other end with whom you are talking. information. The new trend will be all about the decentralization of power, Benefits that Chatbots will bring to the organizations and duties. Decentralization simply Prompt response - there won't be any delay in the retrieval or transfer of means those at the top of the information to the intended users. Since Chatbots are made for this purpose you organization are not responsible for can expect it to perform it's functioning efficiently. making each decision. Roles are Chatbots are available at all times, they can work tirelessly unlike humans. equally distributed among the Humans have their limitations in terms of working time. Moreover, the various people at different levels in turnaround time in the case of Chatbots is comparatively lower in the case of the organization. Chatbots. Duties will be performed more Chatbots are expected to bring relay of feedback to the organization as people efficiently if they are performed by are more comfortable in lodging their complaints or queries with a bottle than a someone who truly knows how to human. BM execute them. The crux is to shift

www.businessmanager.in 14 BUSINESS MANAGER | FEBRUARY 2020 HR Focus 2020 SPECIAL FEATURE

Smitha Swamy Head HR & IR Festo India,Bengaluru

Every decade or so, we fluctuate back and forth from the paradigm of the independent contributor/ specialist to the generalist practitioner. We were in a 'generalist' mode and now I think the pendulum may be swinging back toward the specialist.

Shifting from generalist to specialist mode

How do you see the HR function in 2020? Is it going to be as to imagine. In a very volatile usual or some critical challenges will be there to address? labour market, they want to be quickly empowered, SS The HR function is moving from more transaction to a value challenged but above all based/strategic role. The leaner version of HR that remains will need need to share their values to reposition itself as a strategic partner within the business. In fact, and the vision they have of the trend toward smaller, more strategy - focused HR departments was the company blurring the predicted few years ago. The key roles include the ability to make line between private and accurate projections based on understanding the goals of the business professional life. and using metrics that describe more than lagging indicators, such as In reality, they are how long it takes to fill a job or the per-employee training spends." demanding flexibility in The role which will be required in the business will be replaced with working arrangements and specialist rather than the generalist. Every decade or so we fluctuate working hours and full back and forth from the paradigm of the independent transparency of contributor/specialist to the generalist practitioner. We were in a remuneration systems for a 'generalist' mode and now I think the pendulum may be swinging back fully liberalized model. toward the specialist. For companies, changes can HR professionals should get ahead of the curve, realize that many of be abrupt and the response the today's "best practices" evolved under very different business may not always be conditions, and now becoming obsolete. We are in the era of "Artificial appropriate…at least for the Intelligence and automation" where the human brains are taken over time being. by the machines and algorithms, the routine processes can be automated which means, it does not require human interference. HR To stay relevant and be in professional needs to wear the hats of a business head and partner center of business, how HR with the business. I see this as one of the critical challenge which we should move further in be will facing as HR professionals. HR professionals need to learn coming years to stay ahead? everything about their industry,competitors, and pending legislation that affect the business operations. Most of all define themselves as a SS If you look from last one businessperson and act accordingly." decade the evolution and The other major challenge which HR professional will face is about advancement of technology dealing with current generation. Generations Y and Z are now at the has steamrolled the gates of power in companies. These so-called "Millennials" conventional way of doing generations have for the most part never known a world without things in most aspects of digital technology and impose their differences at the same time our professional lives. technological, economic and societal. The figures are clear; by 2025 Today, smart phones, they will represent more than 75% of the assets and will naturally watches, voice-activated impose their codes on the most conservative companies. speakers, and programmable thermostats, Another important fact is that these generations are aware of the and even cars and cities, difficulties of the labour market and no longer consider their everything is connected. It professional careers as previous generations did. Having a career in is not surprising that the same organization has become very difficult for these generations

www.businessmanager.in 15 BUSINESS MANAGER | FEBRUARY 2020 SHIFTING FROM GENERALIST TO SPECIALIST MODE

transformation has touched the workplace more rapidly including the behavioral expectations, practices, and than we thought, as well. other norms that influence how people interact both Undoubtedly,automation, digitization, cloud, big data are internally and on its behalf. the buzzwords that were heard in the world of business At the same time, workplace culture is being influenced in the last decade. Rapid changes and advances in by disparate factors in significant ways. Demographic technology were accompanied by disruptions in the job shifts, diversity and inclusion initiatives, talent market with a demand for new future-ready skills coming shortages, automation, evolving technology, and an to the fore. This, in turn, has led to a significant shake-up onslaught of data are converging to create both in the role of human resources (HR), with HR evolving immediate and long-term changes. from Admin roles to Strategic roles. Teams will be more diverse and inclusive than ever If digitization was the trend of the last decade, then As a shortage of knowledge workers forces artificial intelligence (AI) and machine learning (ML) organizations to cast a wider net for talent, tapping new will be the cornerstone of HR in the next decade. This regions or underutilized demographic segments, will bring about rapid changes in the skills required, and cultures will need to focus on inclusion to create the next decade will see acceleration in the speed of harmonious, productive work environments. Teams change. While the digitization of HR functions will may be more far-flung, have different backgrounds, and continue to hold an essential place in HR strategies in the have varied communication preferences. Tech solutions coming decade, the spread and scale of digitization will will play a role in this culture shift, facilitating increase tremendously to ensure that the organization collaboration across time zones, providing stays relevant in the coming decade. accommodations for people with disabilities, and even The first point of contact, that is, recruitment has itself helping managers conquer their own biases. undergone a sea of change. From the use of the internet The trust factor will be trickier for posting job openings and connecting with jobseekers to online tracking and short-listing of applicants, we are As artificial intelligence (AI) and machine learning today using AI and ML in not just recruitment, but the (ML) permeate virtually every area of work, employers entire HR process too. In the next decade, AI will allow will have access to a great deal more data about repetitive and administrative tasks to be automated; employees, productivity, and work patterns. This freeing human talent for more advanced work that transparency will allow employers to find ways to focuses on improving the organization's processes and improve productivity, such as providing training in developing the employees to ensure that the vision of the areas where employees seem to be struggling. However, organization is fulfilled. such data will also lead to new concerns about privacy and trust. The decade ahead will also see data enabling and empowering the HR function. The application of Workers will always be upskilling analyzed data will bring agility to the function through As technology automates more rote tasks and changes insights that would otherwise not be perceived by human the jobs that need to be done by humans, it also creates talent. In fact, AI-powered analysis of data will ensure anxiety about being "left behind. Workers and consistency and objectivity untouched by human bias. employers will need to partner to create lifelong Another core area of HR where AI will bring change is in learning pathways to keep pace with technology and the aspect of employee engagement by enabling other workplace developments. processes such as real-time feedback and analysis, Technology has invented flexi hours working. If intelligent surveys, personalized messaging and anyone can work from anywhere at any time, then communication, and objective evaluation and assessment for a rewards and recognition program. This how HR is going to address the challenge of work life will, in turn, promote retention of talent with a positive balance? impact on organizational performance and stakeholder SS Flexi working hours, work from home, multi-location value. teams on a single project often in different time zones With the need to ensure that all employees are future- and holiday calendars, have moved from the realm of ready, it is learning and development that will play an exception to norm. Collaboration in a such a scenario essential role in the coming decade. Here too, it is AI that does offers challenges in several dimensions including will play a crucial role in recognizing skill gaps, integrating functioning teams for short and long targeting delivery, and improving learning outcomes. E- durations, security of data and IP, ensuring delivery on learning, personalized paths to skill acquisition will time, and also ensuring work life balance of such teams. allow an organization to stay ahead of the game. As technology is the base enabler of such a development, The next decade will be full of challenges for all adoption and integration of the tools of such into HR functions and for HR it will be to ensure the right people systems in the only way to address the above. While are in the right places and the right time. That's probably technology will support in solve most of such issues, the only way to ensure that the organisation gets fit to work life balance would remain a human issue, compete. It is up to each of us to embrace technology so compounded by such developments, both towards the that HR as a function will play a more strategic role in better and worse side impacts of it. Having said that, the business growth. Ultimately, success will be determined workforce seems to be actively welcoming and embracing by how well organizations can adapt and adopt new the same, where they,especially the younger generations technologies and drive employees to do the same. does not seem to mind the blurring of boarders of work What is critical to transforming a work culture and life. compatible to future requirements? The challenge of HR would be to ensure that teams, benefits from the above, without challenging life side SS Recent years have seen an exceptional awareness and needs of anyone. Again, this calls for deeper prioritization of workplace culture by both employers understanding and involvement in the business as a and employees. Culture is a company's "personality", strategic partner to operating teams. BM

www.businessmanager.in 16 BUSINESS MANAGER | FEBRUARY 2020 HR Focus 2020 SPECIAL FEATURE

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

The expectations were high, but the results are below expectations. Time for us in HR is to go back to the drawing board, and to get a lot closer to the various client groups. What are the burning needs and concerns, and how can we contribute today?

Moving towards a more holistic approach

nce again, it's time to watch out for emerging HR trends in The expectations were high, 2020. Based on a recent study,more than 47% of interviewed but the results are below executives believe that by 2020, technology will have an expectations. Time for us in HR is impact on more than half of their sales as well as the future to go back to the drawing board, workplace trends. and to get a lot closer to the OOrganizations will focus on embracing HR technology to their various client groups. What are advantage, strengthening workforce capabilities, ensuring data the burning needs and concerns, security,improving candidate and employee experiences, and more. and how can we contribute today? Keep an eye out for - 3. Be Kind! 1. Holistic HR A couple of weeks ago I talked to the Head of HR of an FMCG HR will be moving to a more holistic approach wherein - major in India. "Let's be kind to a) Using advanced technologies and being human centric. each other" is a very explicit b) Adding value to all stakeholders, not only management. philosophy in that company, and HR is an important guardian and c) Combining intuition and thorough analytics. driver of the kindness value. d) Internal and external focus. Some simple measures were e) Strategic and operational. implemented, that reflect kindness, like a day off for f) Short-term and long-term. employees on their birthday, a g) Action-oriented and reflective (fast and slow). nice welcome package including company T-shirts for your family 2. Less focus on process improvement and high-quality headshots you can use on LinkedIn and In different HR conferences I have listened to many presentations by elsewhere. If you are ill, you get a various HR leaders. Generally, the focus is very much on process "Get Well Soon" basket. improvement. Old processes are redesigned, and new tools are My knowledge of the introduced. On the surface it looks modern and state-of-the-art, but if "kindness" movement is limited, you look under the hood, the real changes are minor. The solutions and but if you Google kindness a programs are still very much organisational focused (we want whole new world opens (for something, how do we get our employees to get along). Real employee- example the concept RAK, centric solutions are scarce. Random Acts of Kindness). In the meantime, candidates, employees and managers do not see the Kindness is in the air, and it is clear benefits of the HR-initiatives. The processes are too complex, and certainly a promising HR trend too standardised. Although we have been talking about the for 2020. consumerisation of HR for years, the user experience at home is often better than at work. Warning : people can doubt

www.businessmanager.in 17 BUSINESS MANAGER | FEBRUARY 2020 MOVING TOWARDS A MORE HOLISTIC APPROACH your sincerity when you are kind. successors better than external? Is there evidence to prove this? It might I had put an old (but good) be better for some disciplines (technical areas, complex markers), but television on an online not so good for other areas (HR, IT, digital business, top leadership). The marketplace, for INR 5000. It had same is for voluntary turnover. Why the urge to keep people as long as been there for two weeks without possible? If you work based on evidence, you get a better feel for the any reaction. I wanted to get rid complexity of the organisational systems. HR interventions can be very of it, as it was blocking our focused and tailored. High level crude KPI's do not make sense, you need hallway.Finally,a potential buyer more granular measurement. reacted, and he asked : what is your minimum prize? I answered : you can collect it for free. His 5. Adaptive systems answer : Why for free? Is When I booked my flight with Singapore Airlines, I am asked something wrong with it? I want through which channel I want to receive messages from Singapore to give it to my mother. My Airlines - e-mail, Twitter or WhatsApp. When I made my choice once, answer : it is a good set, and of they remember my choice for the next time. Super simple and not very course you are happy to give me advanced. In many organisations even these kinds of choices cannot be some money. His reaction : ok, made, let alone that a clever system tries to get to know the user, and thanks. Would you accept INR adapt its behaviour to the user. 3000? Kindness pays. Last week, I was discussing pulse surveys in an organisation. They considered the non-response rate still high (around 30%). Their survey 4. More appreciation process was not very adaptive. All employees with an e-mail address of complexity received the link to the survey every month. You could make some adaptations, for example stop sending the In one of the management invite to people who did not react two or three times or decrease the magazines, I read an interview frequency. The content of the survey can also be easily adapted with the new CEO of one of the depending on the response (Are you happy? Yes! Thx. Are you happy : companies I worked for. Of No! Ok, what are the specific issues you are not happy about? Thx, you course, he had to make many mention your boss. What could he/she do better?). Technology is not the changes as his predecessors could issue, and there are solutions on the market that apply adaptive survey have done better. HR was not very technologies. good, as only 70% of the There are many opportunities to make your systems more adaptive in successors for key positions came 2020. You do not have to start very sophisticated. from inside. He mentioned two important people KPI's : the Here are some ideas : percentage of internal successors (target 90%) and voluntary Ask (or infer) if applicants want a fast or a slower recruitment turnover (target 10%). I could process. Not everybody wants to go full speed. If you do this well, you imagine him giving instructions will need less capacity in your recruitment team. to the CHRO, who immediately Measure how happy the participants (both managers and employees) started to revamp the talent are with the different aspects of the performance review process. identification- and development The feedback will allow you to offer different variants, which can be process. matched with the users (for example on the dimension support, Although it sometimes helps offering support from low to high). If your organisation is not so to simplify, it can also help to rigid, you could also improve the matches between employees and appreciate the complexity of managers/coaches (managers/coaches with low ratings get less organisations and of human people, very directive managers/coaches get employees who benefit behaviour. Why are internal from a directive approach).

www.businessmanager.in 18 BUSINESS MANAGER | FEBRUARY 2020 MOVING TOWARDS A MORE HOLISTIC APPROACH

6. From people analytics to 10. Productivity analytics for the people In the last years, there has not A lack of trust can influence many workforce analytics efforts. If the been a lot of focus on focus is primarily on efficiency and control, employees will doubt if productivity. We see a slow there are any benefits for them. change at the horizon. Overall there is a shift to more employee-centric organizations, Traditionally, capacity although sometimes you can doubt how genuine the efforts are to problems have been solved by improve the employee experience. recruiting new people. This has led to several problems. I have Asking the question "How will the employees benefit from this seen this several times in fast effort?" is a good starting point for most people analytics projects. It also growing scale-ups. helps to create buy-in. As growth is limited by the Just by measuring the "mood" of employees and other key people ability the find new people, the indicators (productivity, tenure) does not necessarily bring benefits to selection criteria are (often employees. It might actually backfire : employees feel that they are unconsciously) lowered, as many controlled, and their voice is not heard. people are needed fast. These new people are not as productive as 7. Learning in the flow of work the existing crew. Because you have more people, you need more It makes a difference if an employee must search actively for a managers. Low quality people learning module that he or she needs, or if that the micro-learning and more managers lower module is offered at an appropriate moment in the workflow, based on productivity. real time observations of the behaviour of the employee. If there is a Another approach is, to focus meeting with company X in your diary, your personal learning aid more on increasing the might ask "Do you want to learn more about company X?" If you are productivity of the existing stuck in designing a difficult Excel macro, the Excel chatbot asks you: employees, instead of hiring "Can I help you to design the macro?" additional staff, and on If you have a meeting scheduled with an employee with a low improving the selection criteria. performance rating (the computer gets this information in the HRIS), Using people analytics, you you are offered a short module "how to deal with under-performing can try to find the characteristics employees". During you online sales call, you receive suggestions in of top performing people and your screen on how to improve the conversation ("Ask some questions", teams, and the conditions that "Try to close"), and afterwards your conversation is compared with best- facilitate top performance. in-class examples, resulting in some learning points. These findings can be used to The solutions become even better if your individual learning style increase productivity and to and the level of your capabilities are considered. select candidates that have the characteristics of top 8. A tougher approach to diversity performers. When productivity and equal opportunities increases, you need less people to deliver the same results. In many countries, the differences between men and women in the Of course, the long-term mega workplace are still big. Same is for the differences between white people trends do not change every year. and people of colour. The differences are getting smaller, but very slow. Top trend areas are : 2020 will be a good year for more aggressive and impactful actions. A From a collective to a soft approach does not seem to work. Some organisations have taken personalised approach. brave measures, and more will follow. From technology as 'nice to Establishing quota for women in senior positions always causes have' to technology as major heated discussions, but the "pro quota" group seems to grow. transformational driver. Hope for a real breakthrough in 2020 with respect to this. From slow to fast to faster. From prejudice and biases to 9. Inclusive leadership evidence-based working, based on solid analytics. The expectations employees and other stakeholders have of From rigid hierarchical leadership, are often too high. Often you hear : "Change has to start at organisations to open, the top", and "Leaders have to lead by example". These types of transparent network type statements can be paralyzing. If employees are waiting for instructions organisations. from the top and get demoralised if their leaders are not perfect human beings, organisations will be in a bad shape. Transforming leadership From big long-term plans to into more inclusive leadership can be beneficial to organisations. experimenting using agile methodologies. Inclusive leadership has been focused on the traits of the inclusive leader. It is also about the traits of the organisation and the approach to From pleasing the boss to leadership development. I still see many leadership development creating a meaningful curricula that are built up very traditionally : an exclusive program for employee experience. the top, a program for middle managers and the flagship program for The increasing importance high potentials. Set-ups like this do not reinforce inclusive leadership. of efficiency in HR Time is for HR to initiate new approaches. operations. BM

www.businessmanager.in 19 BUSINESS MANAGER | FEBRUARY 2020 HR Focus 2020 SPECIAL FEATURE

Vikas Sharma Group HR Head,Luxor Writing Instruments Pvt.Ltd.,Noida (UP)

Year 2020 will be challenging as working environment is rapidly changing and the main reason being change in business approach and competitive edge. The main challenge is to retain the "Performers" and work with the workforce on their weakness and mould them into Performers.

Focus should be on moulding weak into performers

How do you see the HR function in 2020? Is it going to be as information extracted from usual or some critical challenges will be there to address? data bank only.It is the need of the hour to be relevant in VS All the functions of organization are in phase of transfiguration your decision making and HR function is the one domain which is evolving expeditiously. process. Gone are the days Year 2020 will be challenging as working environment is rapidly when decisions were taken changing and the main reason being change in business approach as experiments. In this age and competitive edge. The organizations know the value of you have to be concise and competent employees and what a happy, satisfied and engaged on point while making workforce can deliver. So the main challenge is to retain the decisions. Organizations are "Performers" and work with the workforce on their weakness and spending heavily to stuff up mould them into Performers. their data bank. In year 2020 we will also be seeing shrinkage in size of HR teams as The best thing about data most of the HR services will be outsourced. There are agencies in driven decision is it speaks market, which are expert in their domains such as Training & for itself. You do not have to Development, Employee Engagement, Recruitment, Legal make any assumption. It can compliance, etc. So the core role of organization's HR will now be be easily concluded from strictly strategic. There will be smaller HR teams and the teams data what is wrong, what will be indulged in Talent Management, Strategy devising, needs to be done to meet Decision making and Process improvements. We all are aware that business demand, and what most of the organizations are imbibing lean management in their process can significantly working culture because of its advantages in this fast moving improve the problem area. business environment. The main concept of lean management is We all have seen how data of continuous improvement and eliminating low efficiency process. employee engagement So in the coming years we will see smaller teams working on core surveys has contributed in process and improvements. highlighting the problem areas in organizations and once you know the problem To stay relevant and be in center of business, how HR should area it can be rectified move further in coming years to stay ahead? quickly. Case studies have also contributed VS "Data driven decisions". For me, data is the most valuable asset significantly in recording available, I consider it more valuable than oil. the problems and how they If you have data, you can easily make decisions even on the most were overcame. complex problems and devise new strategies to move rapidly in We all know that the most this fast moving business environment. Data can help you in important component of making decision related to consumer need and where we lacking any successful business is behind and what are is the trend. making the right decision. HR should take decisions and make strategies derived from the To make the right decision

www.businessmanager.in 20 BUSINESS MANAGER | FEBRUARY 2020 FOCUS SHOULD BE ON MOULDING WEAK INTO PERFORMERS

you got to have proper learn from each other and implement the learning in his/her knowledge about it and it work. We have to extract the best from each generation, record it comes from information and and see how to get the most of it. information comes from The next step is to imbibe a culture of lean management and the data. So, to be relevant and KRA of a person should be solving problems related his/her be in center of business, you domain. Implementing process, that will increase efficiency and have to make data driven save time & money. decisions.

Technology has invented flexi hours working. If anyone can What is critical to work from anywhere at any time, then how HR is going to transforming a work culture address the challenge of work life balance? compatible to future requirements? VS In today's time it is very difficult to 'switch off' and really rest. Due to smart phones, Internet and remote working technology,even on VS To create a future holiday people don't rest. People are expected to be available at all compatible work culture we times, even when they are outside work. must work on Inclusion. The With flexible working hours coming into the picture, people are first and foremost thing, we making most it as they are finding more time to spend with their need to do, is to establish family members and many are even embracing daily fitness and manage talent regime. If an employee has the ability to work remotely from ecosystem and creating talent pools with multiple generations. As of now Gen In today's time it is very difficult to 'switch off' and really rest. Due to X holds the major portion of workforce, after that comes smart phones, Internet and remote working technology, even on baby boomers as they are in holiday people don't rest. People are expected to be available at the phase of retirement and then comes the Millennial. all times, even when they are outside work. Currently they hold the least percentage in work home, they save time on commute as well. Reduced stress and force but in near future they increased employee well-being are out-comes of the work-life will be the largest part of balance, which can be achieved while working from home as work force. employees are more relaxed. Employee can maintain a perfect The key to meet future work life balance as they are saving a lot of time. business requirements is to The basic fundamental of work life balance is giving equal time to create team with diversity of work, recreation and rest. i.e. 8 hours for work, 8 hours for generations. We had worked recreation/family time and 8 hours of sleep. But while we work, enough on gender ratio and we spend a lot of time in commuting and lose our valuable time we must be very proud that from the other two aspects as the first aspect - 8 hours of work the gender ratio has cannot be compromised. By giving employee freedom of working improved significantly. We from anywhere the employees save a lot time and also doesn't have to create diversified reach fatigue state then he/she can focus on their personal life and team with different age have some leisure time with their beloved ones. BM group so that members can

www.businessmanager.in 21 BUSINESS MANAGER | FEBRUARY 2020 HR Focus 2020 SPECIAL FEATURE

Subir Sinha Human Resource Consultant,Subir Sinha HR & Corporate Advisory, Ghaziabad

HR has to foster and facilitate an environment conducive to develop a culture in the organization; it has to live and drive the vision & values of the organization. Participative, Empathetic and Humane HR is the call of the day.

HR has to be more humane

How do you see the HR function in 2020? Is it going to be as and create enablers to help usual or some critical challenges will be there to address? Business grow and employees give in their best SS First of all the HR function has to be more humane in 2020. With to the organization. How to the advent of Technology the personal connect with key stake help people work better in holders are diminishing and HR needs to find ways and means to whatever they are doing and reach out to employees and stay connected. HR personnel have also help them with cues and to be more kind and emphatic to employees. tips/training on the go to do HR has to now come out of silos of Talent Acquisition, Talent their jobs better. Engagement and Talent Development etc. and reach out to its stake HR should focus on holders as one HR which is available in the organization to enable automation of basic HR people to succeed in the jobs help business flourish. function so that employees HR in 2020 has to be more Technology driven. Adopt HR get more time to spend on Technology and enable employees to use it. HR Tech should not productive work rather than remain a HR Managers tick in the box but should be employee routine hygiene jobs they friendly and easily accessible and used by employees and all stake have to do. holders. HR should be Tech Savy and Humane with a focus on With the advent of Gig implementation. Economy/Workers there 2020 is ushering into an era of Agile HR which implies that HR will be a tendency of High supports the organization in becoming more responsive and Performers to move out adaptive to the changing needs of its stake holders. from the classical nine to five jobs and be on their HR to focus on Employer branding HR in 2020 has to work own. The challenge for HR consciously on Employer Branding to attract right talent and will be to bind and engage create Employee Value Preposition to join the organization. Work with these people and retain on creating enhanced employee experience as ONE HR. them in the organization. Data Driven HR : HR has to use data in all spheres of its function HR will have to focus on one to predict metrics which we monitor as attrition, engagement and on One (OOO) strategies for all facets of employee behavior. Use Artificial Intelligence (AI) its key resources unlike one combined with Machine Learning (ML) to generate lead size fits all. indicators. HR as a facilitator will have To stay relevant and be in center of business, how HR should to focus and keep reiterating move further in coming years to stay ahead? the Vison and Values of the Company, focus on SS HR should be Agile and get deeper in understanding the Business Leadership Development,

www.businessmanager.in 22 BUSINESS MANAGER | FEBRUARY 2020 HR HAS TO BE MORE HUMANE

Diversity and Inclusion, HR has to foster and facilitate an environment conducive to creating a talent pool use develop a culture in the organization; it has to live and drive the available HR Technology vision & values of the organization. Participative, Empathetic and and tools in the market to Humane HR is the call of the day. HR has to play the role of a ease the functioning and friend, philosopher and guide in the organization. growth of the business. HR has to foster an enabling and inclusive culture to harness What is critical to youngsters coming to work from diverse background. transforming a work culture compatible to future requirements? Any organization has a mix of multi-generation SS Culture plays a very crucial employees including millennial; different generations role in the development of come with their own set of values, beliefs and norms. any organization; it is all Now here comes the role of HR; HR has to channelize all of about the values and beliefs shared by people in the them together in one belief system so that the work organization. People have to continues with minimum conflict. come together as a group and follow a set and shared culture on how they will work together. Technology has invented flexi hours working. If anyone can Any organization has a mix of multi-generation work from anywhere at any time, then how HR is going to employees including address the challenge of work life balance? millennial; different SS Flexi Hours Working is a great step taken by organizations to help generations come with their them manage enhanced productivity and morale of employees own set of values, beliefs along with employee quality of work life on one hand and manage and norms. Now here comes costs on the other. HR has to adopt Technology to manage Flexi the role of HR; HR has to Time work of employees. The focus has to be on the output and the channelize all of them desired end results which if employee is giving then HR should not together in one belief come in way.In today's tech world all productive hours of employees system so that the work working from home, flexi hours etc are tracked and monitored. It continues with minimum has created a win - win for organizations and employees. BM conflict.

www.businessmanager.in 23 BUSINESS MANAGER | FEBRUARY 2020 Growing menace of pumpkin heads at workplaces

Authority is helpful to suppress the enthusiasm of capable performers; often they are publicly ridiculed thereby pushing them into silent obscurity. Authority also helps form a strong informal set-up comprising gossips, rumours, manipulations, blame-games, biases and jealousies (communal and others), inaction, procrastination; all of them killing productivity and team work causing people and relationships to crumble down.

Dr. Prageetha G Raju, Associate Professor-Business Management,Symbiosis Law School,Hyderabad Centre Dr. Rajanikanth M, Assistant Professor-Business Management,Symbiosis Law School,Hyderabad Centre

hat do you call people who rose to managerial enigmatic.Pumpkin heads are either imposed by organizations heights out of sheer past experience, or as a or form as a result of poor internal decisions. It is imposed by readily available replacement with super organizations in the form of bureaucracy, incompetent ignorance about everything and are responsible leadership, territoriality (using space to communicate for organizational failures? Can mere authority ownership), uncoordinated organization due to bounteous helpW them deliver? Can organizations thrive under such growth, or any other structural/socio-technical reason. ignorant pumpkin heads/managers? Pumpkin heads are idols of Sometimes, they are a consequence of poor processes such as inefficiency and are found in every type of organizations improper assessment during recruitment and selection, including Institutes of Higher Learning. It is depressing to note insufficient performance audit, inappropriate skill training, that the workforce gradually deteriorates into an ineffectual one limited internal replacement choices, and so on. Sometimes, causing organizational breakdown with the onset of Pumpkin pumpkin heads result from a particular context in relation to heads in organizations. What is the way out in such cases? In an others who are superior/inferior. Contextually, people rise to era where the volume of businesses is expanding dramatically peaks of excellence or fall into abysmal incompetence. An able and competencies, knowledge, skills and abilities are ruling the person in a particular trade/domain is rendered incompetent world, there is a parallel phenomenon which is devouring the when he is promoted to a higher responsibility. If the individual competencies thus leading to a premature decline of organization fails to see this, incompetence is imposed. the organizational effectiveness. This is the phenomenon Sometimes organizations deliberately settle for pumpkin heads characterized by explosion of managers/leaders who have had a because of the confidence associated with the organization's glorious past but at present waste time and resources of an brand. Alternatively, pumpkin head may be a personality trait, organization due to inadequate competence, and inflated lack of latitude on the job, or a seniority based promotion, ignorance coupled with uninspired performance; these which contributes to ineffective performance. managers/leaders may be called 'Pumpkin heads'. Pumpkin heads are found in all types of organizations and Pumpkin heads are an observable phenomenon but a vexing they spend minimum effort to get by. They have a few problem in organizations. The ubiquity of pumpkin heads is its achievements to their credit and they bank on it for a life time. inescapability in any human organization. Except for Peter's Usually, they lack job related competencies but are principle, not much of business academics talks about pumpkin unquestionably articulate to catch the attention of decision heads. Pumpkin heads are neither good nor bad, but are highly makers and quickly climb up the promotion ladder to reach a unsuitable for a decision making position given their commanding position. Sometimes, they are a result of nepotism ordinariness from all perspectives, be it, value, or performance or readily available replacement too. Management/Leadership or skill or ability. Their commitment is just ordinary, never style of pumpkin heads often leads to more disciplinary outstanding and thoroughly uninspired. Their focus is just to incidents, higher absenteeism, and higher tardiness amongst complete the work with minimal quality and sometimes other employees. Pumpkin heads lack the enthusiasm, energy, middling quality. Ordinary commitment, with respect to or drive to enchant customers with quality service and pumpkin heads may involve interest or rigidity in select best attentiveness leading to higher error rate and loss of sales practices and willingness to undertake a limited application and future opportunities. Usually, pumpkin heads prevent with just enough effort to ensure an occasionally positive result. constructive responses to critical challenges as well as The commitment is too modest. A pumpkin head is not good prevent proactive self-assessment of an organization's and deep down inside and he/she understands it, therefore, they shortcoming and its ability to adapt. They create a workplace push away potential threats and take credit for success that is where employees either feel they "have to perform well" or not theirs. However, the birth of a pumpkin head is always else they care only about meeting the minimal work

www.businessmanager.in 24 BUSINESS MANAGER | FEBRUARY 2020 GROWING MENACE OF PUMPKIN HEADS AT WORKPLACES requirement to maintain their job. In most cases, Pumpkin position irrespective of the functional area; also asks for 5-10 heads are terrified by people who do a good job; employees years of work experience in an industry that is only four aspiring to move up make them insecure. Employees who do years old. shoddy work, and those who are perceived as incompetent, 7. The success of a competitor upsets pumpkin heads more and gossip-mongers become the in-group for pumpkin heads than the loss of a customer. causing the most talented employees running for exit. 8. Pumpkin heads are seldom aware about the company's Authority is helpful to suppress the enthusiasm of capable philosophy. performers; often they are publicly ridiculed thereby pushing 9. Pumpkin heads cannot adapt to emerging technologies or them into silent obscurity. Authority also helps form a strong work processes/methods, thus, insist employees to work on informal set-up comprising gossips, rumours, manipulations, age-old models/methods. blame-games, biases and jealousies (communal and others), 10. Hours of unproductive informal talks with fellow colleagues. inaction, procrastination; all of them killing productivity and 11. More than three people had to be consulted to spend less than team work causing people and relationships to crumble down. $ 10 million in a bank. Pumpkin Heads gradually get obsessed with power because only 12. Recruitment standards drastically coming down; below that helps them survive with ignorance. Thus, it manifests in the average candidates being hired. above forms causing exit of good employees and death of Is there a method to curtail this problem? The symptoms of creativity, performance, and initiative. Tales carriers, gossip inefficiency and the associated maladies can be curtailed mongers, impression managers, loose talkers, manipulators, and through a thorough behaviour modification programme which bozos (jokers) begin to rule. Another consequence of pumpkin provides a clear structure and consequence to employees heads is that a company ends up with large number of inept encouraging them to change in an observable and a structured employees, owing to a chain of ineffective and unproductive time frame. Behaviour modification programme doesn't manage recruitments. This phenomenon is caused when an organization the individual but creates an environment that reinforces hires a pumpkin head, who in turn hires many more pumpkin desired behaviour and strongly de-emphasizes punishment. heads who then hire incompetent workers. In accordance with Pumpkin styles should be allowed to extinguish through the the similar-to-me effect, it is a generally agreed notion that, high withholding of reinforcement. The implementation of performers hire high performers while low performers hire behaviour modification should typically be preceded by a similar or much lesser-abled employees. The reason behind such performance audit because performance audit identifies strings of low level recruitments can be attributed to the fact unforeseen discrepancies. Is behaviour modification adequate to that it safeguards and upholds a sense of superiority amongst produce desired outcome? Can desired outcomes and contingent the pumpkin heads, thus eliminating their chances of consequences be clearly defined in IT jobs, and AI jobs? In such endangerment from high performing peers and subordinates. cases, having contingent consequences attached to desired The following situations indicate the onset of pumpkin head behaviour and/or outcomes should be an agreement between explosion in any organization : employee and employer. Out of this agreement, results may 1. Absolute lack of knowledge on contemporary happenings, follow. However, at what cost? Would it build hope, confidence, current affairs, or relevant matters leading to high level and optimism or would it create resentment, tiredness, and ignorance. Pumpkin heads give instructions with high level entrapment? What if, attaching only contingent consequences ignorance camouflaged as super confidence leading to deadly might lead to pumpkin heads explosion? If they do not have best silence from passionate performers. Gradually, high understanding about self, can they apply their best self at work? performers quit the organization. At this juncture money, feedback, and social recognition act as 2. Weekly/Monthly meetings get boring on account of lack of reinforcing factors. When feedback is combined with money, it agenda besides being unfocussed and time-consuming. A increases performance as it helps discover self. The social sign of relief can be observed on the faces of the co-workers mechanism is the method through which the contingent as they rush out of the room to get back to real jobs. These consequence (social recognition) is applied. For instance, a meetings only give a feel that the organization is write-up about the employee in the company's newsletter is a strategizing. This is a true case of taking minutes and social recognition. In a nutshell, four steps can be followed to wasting hours. modify pumpkin behaviours in organizations. 3. A Pumpkin head takes a visitor to cafeteria first which is 1. Identify the target behaviour. located in a remote corner and then lectures on the indoor 2. Perform Antecedent Behaviour Consequence. plants located outside the cafeteria. 3. Arrange Antecedents by removing obstacles, provide 4. In academics, a professor turned principal director has opportunities, and provide supportive and appropriately published in a notable indexed journal some 6 years back and scheduled consequences. every time he/she engages in any academic discussion, 4. Evaluate results. he/she cites the same publication as though it is a recent one. In step 3, to remove obstacles, unrealistic plan, schedules, 5. Pumpkin heads are mostly eligible but not suitable. For and deadlines, contradictory rules, conflicting orders and instance, would a senior vice-president from Microsoft with priorities, and associated distractions may be eliminated. a PhD in computer science be an ideal employee for a start- Clear instructions, constructive suggestions, easy-to-use up? Also, would a PhD in a particular subject with zero forms may be relied upon. Thorough emphasis on training, research exposure and shallow knowledge on subject depth, recruitment methods, performance assessment, review and and inadequate technical and conceptual skills, be an ideal audit, compensation are essentials to have decent results, director/principal for a university college? Not necessarily. however, to evaluate results, a measurement tool is needed to 6. The HR department calls for any degree or an MBA for any compare pre-intervention with post intervention data. BM References : 1) Abbasi S & Hollman K (1989), "Incompetent Bosses: Are you one of them?" IM, Jan-Feb, Vol. 17 2) Fink R (2003), "NASA's bad decisions can be deadly", Florida Today 3) Burman, E & West J (2003), "What is Managerial Mediocrity? Definition, Prevalence, and Negative Impact (Part I)", Public Performance and Management Review, 27(2) 4) Light P(1999), "Does Management Matter"? Government Executive 31(12) 5) Benveniste G (1977), "Bureaucracy", San Francisco, CA: Jossey-Bass 6) Stajkovic AD., & Luthans F (1997), "A meta-analysis of the effects of organizational behavior on task performance", Academy of Management Journal, Vol. 40 pp. 1122-1149 7) Schneider, C E (1974), "Behavior Modification in Management: A Review and Critique", Academy of Management Journal, 17(3) 8) Smith P Gregory (2012), "Managing Negative Employees and other energy suckers" https://www.chartcourse.com/wpcontent/uploads/2012/07/newNegative.pdf 9) Daniels AC (1999), "Bringing out the best in people", New York, McGraw Hill 10) Scott, W E Jr, & Podsakoff P M (1985), "Behavioral Principles in the practice of Management", New York, Wiley 11) Lipman V (2017), "A Common Temptation for Management: Settling for Mediocrity",Forbes, https://www.forbes.com/sites/victorlipman/2017/10/08/a-common-management- temptation-settling-for-mediocrity/#17a604065062

www.businessmanager.in 25 BUSINESS MANAGER | FEBRUARY 2020 Kamya Kukreti Counselor,metaphor therapist and Hypnotherapy practitioner, Jaipur Do we really ACCEPT the CHANGE?

When changes come in your life, don't just adapt. Change with it. Be aware of what is happening, don't just pretend to be changed. Feel the change too. Changes are always there to serve a purpose.

hen we listen someone saying that there is always growth in Now, last just find ways to deal with changes or change is the only constant thing, everything the core. For example, If you have issue changes so why when there is change we feel pressure instead at new job and you feel that new job or of growth? We think we change with time, but we don't. It is our new city is giving you tension so instead surroundings that changes and the environment we live in, we of fretting over it, just make the list of all Ware just merely adapting to the change without acknowledging it. We just act to the changes going in your life at that time whatever is expected from us we don't feel in harmony or in sync with in, we and how these changes are affecting you. resist the change inside. When you do that you will feel start Growth comes in to existence when we try to understand the change on its seeing some pros and cons of this change root level instead of just pretending that we are changed. In the situation and shift because there is always two where we have to change, what we don't realise is that it is our covert sides of everything and we just fail to see personality that is showing it but core is still same because we are not ready to it. When you are done with it, take out the let go of our old self who felt safe and secure in their old ways. We don't emotion you were feeling to begin with internalize the change and that's why we have tiredness, irritation and the help of deep breathing. After that as frustration during the period of transition. When we go through changes or you calm down a bit, just focus on the transition we don't see what is happening inside us. We say we are tired. idea that why the cons are cons to you Changes are exhausting or we want things to go back to how they were like and why these pros are so important to when we say I wish I was a kid again but it is not that we want to be kid. It is you. about that comfort zone we had back then but the safety we felt and the love we If your pros and cons list says the had during that phase. decision is not worthy of you to stick to Changes feel exhausting because when our inside and outside environment it, just focus why you are not leaving it. If is not in sync, there is a friction. For example, a person getting a new job and it is worthy to stick to it, think why you always feel tired. Now outside because of environment and surroundings he feel so much pressure? Is it because, you has to adapt and get a job but inside this person is still not ready to take miss your city? If you miss your city, responsibility as an adult. This person will always feel stressed, annoyed and what exactly you miss there? Or it is tired but as we don't dig deep and consider these things as normal, we will because you are scared to be alone or never realise the real issues behind the scene or in some cases we see person your own? who is rejecting everything in his life. Now on surface this person might When you ask this series of questions appear as negative or stubborn but inside that person might have self esteem to yourself, you will realize that your core issue where he/she might feel scared to try anything new or the fear of failure is not in sync with your outside and as etc. but core is fear but on surface for this, we will see resistance. you understand the main reason, try to We don't realise that everything have its root even the resistance we have work on it instead of fixing the other but we are too scared and unaware to even go to the root. When a tree is things around you or taking it out on unhealthy or gets something bad we can't fix it just by working on the trunk or others around you. leaves or fruits. They are just symptoms not the cause itself. It is the root we When changes come in your life, don't need to heal. When there is change in our life, we just feel the pressure of just adapt. Change with it. Be aware of change and what we miss to realize is that when it is our life, then why it is a what is happening, don't just pretend to pressure. Situation comes and it is over then why we live in the pressure of be changed. Feel the change too. change. Why can't we just sync ourselves with changes instead of rejecting Changes are always there to serve a them. Whenever, there is a change or shift in your life, sit down and calm purpose. Understand the purpose and yourself first and then focus on the change that what kind of change it is and change will be smooth. Sync your inside make mental notes about the change. Second, when you have understood the with it and remove the friction and still change, shift just focus how you feel about it and then take deep breaths when feel that it is not right or too much you have felt all the tension inside slightly going down. Third, focus on the core consult a counsellor. As they won't tell that is it fears past belief system or some other factor that is making this you anything new they will just help you change, so tough on you? to see old as with new perspective. BM

www.businessmanager.in 26 BUSINESS MANAGER | FEBRUARY 2020 Important LABOUR Judgments - 2019

CONTENTS

Abandonment Factories Act Reference Adjudication Fixed Term Employment Regularisation Appropriate Government Gainful Employment Reinstatement Award Gratuity Resignation Back Wages Industry Retrenchment BOCW Act Industrial Dispute Service Condition Closure Industrial Disputes Act Service of Notice Conciliation Proceedings Interim Relief Settlement Continuous Service Inter-state Migrant Workmen Sexual Harassment Act Contract Labour Sit-in-Strike Loss of Confidence Court Jurisdiction Standing Orders Maternity Benefit Act Court Powers Strike Minimum Wages Daily Wager Suspension Allowance Misconduct Demonstration Termination Moral Turpitude Disciplinary Proceedings Trade Union MRTU & PULP Act Dismissal Trainee No Dispute Award Employees’ Compensation Act Transfer Overtime Employer-Employee Part-Time Employee Unauthorised Absence Relationship Payment of Bonus Act Unfair Labour Practice Employees’ Provident Fund Probation U.P. I.D. Act Employees’ Pension Scheme Protected Workman Wage Increase E.S.I. Punishment Workman Ex-parte Award

www.businessmanager.in 27 BUSINESS MANAGER | FEBRUARY 2020 COVER FEATURE - IMPORTANT LABOUR JUDGMENTS - 2019 tribunal. issues tobeadjudicated uponby the ancillary come ofincidental, underthecategory additionalor Issues involving mixed by questionoflaw andfacts be setasideby highcourt. Tribunal order unless basedonnoevidence, cannot proceedingsvitiated inquiry ornoinquiry. prayer andnotautomatic incaseof by thecourt by theemployer canonly be granted onspecific ofproving before misconduct Opportunity thecourt isnotrequired.formal inquiry repeated offers madeby themanagement, further If aworkman refused torejoin thejobdespite theworkman toresumedirect duty. attendance andwages records madeto andefforts to beproved by theemployer by producing Abandonment beingapleataken by theemployer is employee toresume dutyincaseofabandonment. establish abandonment. Employer hastooffer be eye wash andnoncompliant hence unableto thedisputeoftermination was referred,after would for unauthorizedWhen absence enquiry conducted presumed. duty by writingletters, abandonment cannotbe unauthorized for absence andnotcalledtoreport If management hadnotinformed theworkman of job. employer toestablishthat employee abandonedthe In caseofvoluntary abandonment itisfor the the employee isrequired. andfor that enquiry isforIt theemployer toestablishabandonment by him/her amounts to'abandonments' ofhis/herjob. became redundant, onthesamescaleoffered to his/herearlierpost after employee-workman Refusal toaccept alternate positionby the LLR 1191(DelhiH.C.) 2019 Yogesh Arora. DesignDecisionsINCvs. M/s. 223 (S.C.) 2019LLR India&Anr. Unionof vs. Manju Saxena tes 09LR85(a.H.C.) 2019LLR835(Mad. Delhiand New Others. Surface India, of Ministry of Transport Government Secretary, Arumugam vs. M. 2019 LLR1207(P&HH.C.) & Another. DhaniRam Sh. SuperiorIndustriesLimitedvs. M/s. 2019 LLR173(DelhiH.C.) Abral Clinic. O.P. Dr. M/s. Kiran Bhandarivs. Smt. 2019LLR617(P&HH.C.) and Another. Pradeep Kumar Jhajjarvs. PWD (B&R)Branch, Haryana, Provincial Division, Engineer, Executive 2019 LLR758(DelhiH.C.) DhawanExports&Ors. M/s. GiteshVerma vs. Smt. 2019LLR1209(P&HH.C.) III,Gurugram andAnr. Industrial Tribunal-cum-Labour Court- Presiding Officer, vs. Max Flow PumpsIndia(P)Ltd. H.C.) Cases(Mad. of 2019 (163)FLR15Summary Labour CourtSalemandAnother. P.O. Lakshmi vs. Abandonment Adjudication www. businessmanager .in 28 BUSINESS to besetaside. as interim relief would bebeyond reference andliable conditions,their dutiesandnottochangeservice workmen ofuniontoenter workplace for discharge of managementadjudication, toallow directing orderLabour Court pendinguniondemandnotice instance. issueat first cannot bedecidedaspreliminary workmen and noexistence ofindustrialdispute aboutclaimants notbeing objections Preliminary dismissal ofwrit. writ petitionfor fillingthefresh petitioninsteadof matter, workmen shouldbeallowed towithdraw the goestotheroot ofthe If theamendment actually Adjudicator. by moving anapplication beforeparty theIndustrial summon theoriginalrecord thereof from theopposite To prove photocopies inevidence, hasto theparty with vexatious intent resulting into hisacquittal. proceedings reveal that thesame were malafideor Workman isentitled toback-wages ifcriminal law. forLabour Court afresh disposalinaccordance with record, thematter istoberemanded backtothe are ofthecaseorevidence contrary tothefacts on When intheaward thefindingsofLabourCourt when notice toworkman was notserved. workman even publication isliabletoberestored after No disputeaward basedonnonfiling ofclaimby industrial dispute. appropriate government tomake reference of centralIn caseofICAI, government would bethe TCS)AdAohr 2019LLR498(Kar.(TECASA) AndAnother. H.C.) Association Staff TE Connectivity The General Secretary, vs. Ltd. IndiaPrivate TEConnectivity M/s. of Management 2019LLR414(P&HH.C.) Others. and Haryana Stateof Automax Karamchari Unionvs. 2019LLR392(DelhiH.C.) Works. Engineering Vishwas Karma Chhavi Chandra Jhavs. H.C.) LLR 876(M.P. 2019 M.P. andOthers. Stateof vs. Pratibha SyntexLtd. a aanv.Uino ni r.2019LLR473 (S.C.) India&Ors. Unionof Raj Narain vs. Rampal and 2019LLR604(P&HH.C.) Another. CONFEDvs. Director, Managing 2019LLR1195(Delhi H.C.) Ors. Reliance Metal Indiaand M/s. vs. Dhanajay Chaubey H.C.) 2019LLR1127; 2019 IICLR1107(All. andOthers. U.P. Indiaand Stateof Another vs. Chartered Accountantsof Institute of CLR 1074(P&HH.C.) 2019I IndustrialTribunal andAnr. Presiding Officer, IETBhaddalCampusvs. Chairman, MANAGER Appropriate GovernmentAppropriate | FEBRUARY 2020 Back Wages Award COVER FEATURE - IMPORTANT LABOUR JUDGMENTS - 2019 | FEBRUARY 2020 | FEBRUARY MANAGER BUSINESS BUSINESS Krishan Kumar Kashyap vs.Krishan Kumar Statesman Ltd. The 2019 LLR 710 (Delhi H.C.) Mira Daruka and Others vs. and Others Daruka Mira State of The Bihar and Others. (Pat. 2019 LLR 1237 H.C.) vs.Krishan Dabas M/s. & Services Cables Sapphire Pvt. Ltd. 2019 LLR 1067 (Delhi H.C.) Management of (Sleeper) Daya Engineering Works Ltd. vs. of Workers The (Sleeper) Ltd. and Others. 2019 LLR 1114 (Pat. Daya Engineering Works H.C.) M/s. Associated Service Station vs.Sharma. 2019 LLR 951 (Delhi H.C.) Kishen Jai Nanak Chand vs. M/s. Association. Indian Port 2019 LLR 953 (Delhi H.C.) Sharma vs.Har Kishore Mgmt. The ofLtd. G.F.R. Co. (Imperial Cable). 955 (Delhi H.C.) 2019 LLR P. Regional Manager, of Corporation Insurance Life India vs. Dinesh Singh. 2019 LLR 709 (S.C.) Deputy Executive Engineer vs. Kanjibhai. Kuberbhai 2019 LLR 277 (S.C.) Hospital,Senior Medical Officer/In-charge Alwar vs. Gangaram. 2019 LLR 1320 (Raj. H.C.) vs. Angira Rajesh Government of NCT and Another. 2019 LLR 1186 (Delhi H.C.) Ltd., Nigam Karnataka Neeravari & Ors. Bengaluru vs. Shivanagouda. 2019 LLR 1217 (Kar.H.C.) 29 When workman reached the age of superannuation, reached workman When in be appropriate 5 lakh of Rs. would compensation dismissal. because of illegal lieu of reinstatement In case of illegal termination, lumpsum compensation In case of illegal termination, employee when be appropriate of 8 lakh would of service. 8 years completed due to non compliance illegal found Being termination of 75000 compensation Act, of Section of I.D. 33 (2) (b) instead of reinstatement be appropriate would and in litigation because of long period spent and employer between relations constrained workmen. himself is justified when the workman Compensation during pendency and his LRs of litigation and expired been substituted. have the attained justified when workman Compensation age of superannuation. of 4 lakh justified in lieu of reinstatement Compensation than 10 years. more served for when workman litigation. temporary of daily wagers/ the termination When lumpsum granting illegal, is found workmen is proper. in lieu of reinstatement compensation illegal of 3 lakh for is appropriate Compensation 24 years. for dragged litigation when termination is not able to get suitable employment employee When be may amount compensation due to age factor, and back-wages. lieu of reinstatement in increased depends upon various of compensation Computation wages, factors last drawn including length of service, and age of the financial condition employer's workman. is compensation In case of illegal retrenchment, has closed and when the establishment appropriate is not feasible. reinstatement .in . H.C.) businessmanager www. Closure BOCW Act Compensation Dharamraj Nivrutti Kasture vs. Kasture Nivrutti Dharamraj Chief and Others.Officer 2019 LLR 1299 (S.C.) Executive Gopal Sharma and Associate vs. P.O. Court Labour Agra. 2019 (163) FLR 812 (All. H.C.) J.K. vs. Rayon Court Kanpur. Labour 2019 (163) FLR 787 (All. H.C.) Amit Mittal and Another vs. Government Punjab Inspector Grade-1, Labour through SAS Nagar. 2019 LLR 713 (P&H H.C.) Construction Employees Trade Union, EmployeesConstruction Trade M.P., Gwalior vs. Union of India & Others. 2019 LLR 634 (M.P.H.C.) Madhya Pradesh State Agriculture Marketing Board, Marketing State Agriculture Madhya Pradesh Bhopal vs. Munni Bai. 2019 LLR 169 (M.P.H.C.) Pradhan Baijnath Tea Estate Mazdoor Sangh vs. Tea Baijnath Pradhan State of and Others. Pradesh Himachal LLR 1239 (H.P 2019 Bhakra Beas Management Board vs. Beas Management Board Bhakra Singh Ranbir and Anr.2019 LLR 1317 (P&H H.C.) It would be appropriate to pay lumpsum compensation to pay be appropriate It would where 1 lakhof Rs. in lieu of reinstatement, of length of in view held illegal, was retrenchment in of service and passage of 19 years nature service, Though non compliance of retrenchment provision of retrenchment non compliance Though but due to 30 with back-wages reinstatement attracts in lieu of lumpsum compensation of litigation years is justified. reinstatement In case of a valid closure of establishment, procedure of establishment, closure In case of a valid under the Act is not to retrenchment relating It is the establishment appliesattracted. only where serving dispensed and the services are of workman of Section of provisions 6-N and 6-P of with in voilation Act. I.D. U.P. When labour court found that the establishment had establishment the labour court that When found of fact with intimation to a closure suffered not subject of it was reasons to look into government, based on rights no claim have Employees closure. retrenchment. arising from In case of criminal proceedings court exercise its power court exercise In case of criminal proceedings of rare very sparingly in rarest to quash the proceedings cases. Excluding workers from registration under BOCW Act registration from workers Excluding ESI, PF and salary, regular like benefits who receive and Building M.P. by notification through gratuity be would board welfare other construction worker illegal. Workman has no legal right to claim back-wages unless to claim back-wages right has no legal Workman documentary, by his non gainful employment he proves him. around evidence person's self and third If the management does not prove on the basis of does not prove If the management gainfully were the workmen that evidence cogent after period of litigation during the their employed to back wages. entitled are the workmen termination, A workman could not be entitled to back-wages if he to back-wages not be entitled could A workman after his termination. gainfully employed remained COVER FEATURE - IMPORTANT LABOUR JUDGMENTS - 2019 3 years ofservice. for eachyear1.25 lakh would bejustandadequate for compensation inlieuofreinstatement to @Rs. 1lakh As heldby inearliercases, theHighCourt ofthemanagement hasbeenclosed. when thefactory Compensation inlieuofreinstatement isjustified reinstatement, isappropriate. days, awarding compensation ofRs. 50,000inlieuof durationConsidering onlyfor ofservice 285 short management whenthe management witness upon upon theworkman buttheonusofproof shifts Burden of proof toprove 240working days initiallyis has never beenchallenged. continuous hasbecome service finalsince thesame Finding that oftheLabourCourt theworkman was in evidence. would nothelpintheabsence ofany documentary Plea ofmanagement ofnotworking for 240days days of themanagement. policy/Rules asperservice clubbed totake itcontinuous ofmore service than240 Period intwo ofservice different divisionscannotbe upon themanagement. Once itisdischarged by theworkman, onusshifts worked for 240 working days duringlast12months. isinitiallyforIt theworkman toprove that hehas whether theemployee isworkman ornot. contention. Conciliation Officer cannotdecide andsubmitdocuments toestablishits participate the personisnotworkman. Employer hasto challenged ontheground that thecomplaint filedby byNotice Conciliation ofenquiry Officer cannotbe workman isjustified. hence awarding lumpsumcompensation tothe superannuation, hisreinstatement isnotpossible, When theworkman hasalready attained theageof rbnl htna&Ohr.2019LLR168(P&HH.C.) Bhatinda&Others. Tribunal, Industrial Presiding Officer, NathJhavs. Ishwar 2019 LLR637(DelhiH.C.) 2019(161)FLR297; Raj Kumar. Popular Steelvs. M/s. H.C.) 2019LLR636(H.P. and Another. HPPWD The Engineer-in-Chief, vs. BimlaDevi Smt. 23(..H.C.) 1213 (M.P. 2019LLR Bhopalandothers. Labour Commissioner, Controlling Authority-Cum-Assistant Bhopal vs. HousingandInfrastructureM.P. Board, Development 2019LLR1209(P&HH.C.) Gurugram andAnr. Industrial Tribunal-cum-Labour Court-III, Presiding Officer, vs. Max Flow PumpsIndia (P)Ltd. 2019LLR1317(P&HH.C.) and Anr. Ranbir Singh Bhakra Board BeasManagement vs. 2019LLR743(S.C.) Natesanetc. M. Another vs. The SuperintendingEngineerTWAD Board & H.C.) 2019LLR1197(Mad. AssistantLabour Commissioner. vs. Larsen andToubro Ltd. M/s. 279 (DelhiH.C.) 2019LLR Raj Singh. Delhi Transport Corporation vs. Conciliation Proceedings Conciliation Continuous Service www. businessmanager .in 30 BUSINESS getting wages from PE. from principalemployer showing that workman were since there was noappointment letter, PForwage slip control ofprincipalemployer over suchcontract labour, amount toexercise andadministrative ofsupervision ofprincipalemployer,basis ofdirections itwillnot When theassignedjobon contract labourperforms engaged.to beborneifcontract labourisfurther principal employer onprohibition. Penal consequences No automatic absorptionofcontract labourby evidence. dispute isupontheworkman by way ofsufficient days for becoming entitled toraise anindustrial Burden toprove continuous of240working service continuously taken by theworkman. records tofalsifypleaof240working days employment ofworkman, todemonstrate relevant ofmaintaining recordsadmitted factum and employees whereas there were about150employees proper records, management admittedonly 18 principal employer, contractors have notmaintained covering work doneby workmen engaged with the record ofcontractor, licence ofcontractor was not contractors, many permanent employees were there in produce complete records ofpayments madeto of principalemployer ifprincipalemployer failsto Employees ofcontractors willbetreated asemployees a ground tosetasidetheentire proceedings. initiationthe very ofproceedings againstpetitioneris proceedings, inabsence ofcompany inproceedings, a company to andthat was notmadeaparty When personcommitting anoffence is underthisAct claim that heisemployed by theprincipalemployer. itself willnotenure tothebenefitofworkman to between principalemployer andcontractor, that by employer. Even ifthere isnolegitimate agreement the workman tobeabsorbedby theprincipal Contract by LabourAct thecontractor doesnotentitle registration/license 7&12 ofthe underSection Only nonobtainingvalid certificate of principlesofnaturalobserving justice. isquasi-legislativeAct action. There isnoneedof 10oftheContractprohibtion Labour underSection ofgovernmentThe action toissuenotification of h ietr te uhrt fIdaLd s Ispat 2019LLR892(S.C.) Khadan JantaUnion. Mazdoor vs. IndiaLtd. SteelAuthority of The Director, 2019LLR231(P&HH.C.) Amritsar. Industrial Tribunal, Presiding Officer, Baljinder Singhvs. 2019LLR617(P&HH.C.) Another. Pradeep Kumar and Jhajjarvs. PWD (B&R)Branch, Haryana, Provincial Division, Engineer, Executive L 5 Kr H.C.) FLR 950(Kar. 2019(162) Karnataka. Randeep MahajanvsStateof Ram Flex H.C.) 2019LLR1093(Kar. Management, Ltd. India Pvt. Subramani vs. H.V. M/s. H.C.) 851(Guj. 2019IIICLR Gujarat. Stateof Surat (Hazira) Kamdar Karamchari vs. 2019LLR515(S.C.) Jakhmola andOthers. Mahendra Prasad vs. Bharat HeavyElectricalsLtd. MANAGER | FEBRUARY 2020 Contract Labour Contract working in shifts, meaning thereby that if neither Piparwar,C.C.L. 2019 (161) FLR 222 (Jhar.H.C.) management nor contractor were maintaing required records properly. M/s. Indo-European Breweries Ltd. vs. Dnyaneshwar Court Jurisdiction Shyamrao Dhanwate and Others. 2019 Lab IC 2664, Bengaluru court will have no jurisdiction to adjudicate 2019 LLR 1013 (Bom. H.C.) industrial dispute when the services of the employee Requirement of consultation as prescribed under were terminated at Pondicherry. Section 10 before issuing notification for prohibition, Management of M/s. Hewelet Packard India Sales does not mean that the board and the government Pvt. Ltd., Bangalore vs. Secretary, Ministry of Labour, officers should meet together. It would mean meeting Govt. of Karnataka, Bangalore and Another.2019 LLR of the minds between the parties involved in the 646; 2019 Lab IC 124 (Kar.H.C.) process of consultation on the basis of material facts Delhi court will have no jurisdiction to adjudicate the and points. The employer has no right to be heard. unpaid wages claim of the employee, employed and

I.B.P. Co. Ltd. Thika Sramik Union vs. Indian Oil appointed in Noida. COVER FEATURE Corporation and Others. 2019 LLR 649; 2019 FLR (161) M/s. Prasad Psycho Corporation & Anr. vs. Labour 540; 2019 II CLR 557 (Cal. H.C.) Department & Anr.2019 LLR 366 (Delhi H.C.) The issue of work of perennial nature or violation of other provisions of Contract Labour Act has to be raised only through industrial dispute and not under Court Powers writ jurisdiction. It is obligatory upon the Labour Court to frame and Pragatisheel Vidyut Karmi Sanyukta Sangharsh Morcha, Bihar vs. The State of Bihar and Others. 2019 decide preliminary issue of legality and validity of LLR 142 (Pat. H.C.) enquiry first confining its discussion only to that extent. When the contractor issued appointment letters, paid - IMPORTANT LABOUR JUDGMENTS - 2019 wages, issued salary slips, deducted and deposited ESI M.L. Singla vs. Punjab National Bank and Another. and PF, put supervisors for supervision and controlling 2019 LLR 224 (S.C.) the workforce , paid bonus, maintained all records of Labour court powers are much wider in a case where his employees and produced registration certificate, enquiry was found to be illegal. Court is to record its there would be no employer- employee relationship own findings to its own satisfaction and may set aside between principal employer and contractor the order of termination and direct reinstatement in employees being not a sham contract. such terms and conditions as thinks fit. The Maharashtra General Kamgar Mahasangh, M.P.Road Transport Corpn. and Another vs. Rajendra Mumbai vs. M/s. Taj Sats Air Caterers Ltd. & Anr. Tiwari. 2019 (163) FLR 594 (M.P.H.C.) 2019 LLR 250 (Bom.H.C.) Interim relief by court directing management to allow When no contract was there between the principal workman of union enter into workplace for duties and employer and the contractor, qualification of not to change their service duty pending demand contractual workers was prescribed by P.E., duty notice is liable to be set aside. roasters were counter signed by officer of P.E., Chairman IET Bhaddal vs. P.O., Industrial Tribunal workman was being supervised by P.E., power of and Another.2019 LLR 1211 (P&H H.C.) disciplinary action was with P.E. wages and other dues When enquiry is conducted before termination, it is for were also fixed by P.E. workmen were entitled to food the labour court to first decide about the legality and at subsidized rate at canteen of P.E., wages were validity of the enquiry by making it a preliminary prepared on the basis of certificate issued by P.E. and issue. workmen were doing work at par with permanent employees, such arrangement would lead to establish Swift Securitas (P) Ltd. vs. Gulshan Sharma and relationship between P.E. and contract Labour. Others. 2019 LLR 1063 (Delhi H.C.) Bosch Limited, Naganathapura Plant vs. Labour Application for setting aside the ex-parte award through Karnataka Rakshak and General Workers' maintainable and labour court can well act beyond Union. 2019 LLR 423 (Kar.H.C.) period of 10 days or 30 days. If the workers are not engaged by the contractors on M/s. Birla Corporation Ltd., Satna Cement Works vs. their own, there is no obligation upon them to obtain P.O., Industrial Tribunal (I), U.P., Allahabad and Licence under Contract Labour (Regulation and Others. 2019 (162) FLR 1006 (All. H.C.) Abolition) Act, 1970, and Registration Act, 1970, and Power of the labour court is not beyond the reference. Registration Certificate by the Principal Employer as M/s. Pamvi Tissue Ltd. vs. The State of Himachal per Tamil Nadu Contract Labour (Regulation and Pradesh and Another.2019 LLR 1014 (H.P.H.C.) Abolition) Act, 1970. In the process of challenging the cancellation of trade State, rep. by Deputy Inspector of Labour, IVth union registration by advocates practicing in Circle, Chennai vs. Kannan and Others. 2019 LLR industrial court, if court makes opinion that advocates 535 (Mad. H.C.) were neither necessary nor proper party to implead, Workers of the contractors even if worked for more court is very well in their jurisdiction to reject such than 240 days, are not entitled for any regularization application seeking impleadment in the petition. into the service of public sector employer. Punil Ishwarlal Shah vs. Rashtriya Labour Union. Vice President, Regional Committee, C.C.L. Janta 2019 LLR 619 (Guj. H.C.) Mazdoor Sangh vs. Project Officer Ashok Project

www.businessmanager.in 31 BUSINESS MANAGER | FEBRUARY 2020 Application for subsequent amendment in the award Kapoor Chand Srivastva vs. Chairman Zila Parisad filed after expiry of 30 days from the date of Varansi. 2019 (163) FLR 771 (All. H.C.) publication is not maintainable. When tribunal holds that the enquiry was in violation Duncans Industries Ltd., M/s. Kanpur Fertilizer and of principles of natural justice, it was incumbent upon Cement Ltd. vs. P.O., Labour Court (iii), Kanpur and the tribunal to take evidence it self on decide about Another.2019 (161) FLR 640 (All. H.C.) the worth of charges. Merely by holding enquiry When the workman is unable to establish that he invalid, final relief cannot be granted. worked for 240 days in a year preceding 12 months, U.P. State Road Transport Corporation Agra vs. rejection of reference by Labour court is proper. Omparkash Tyagi. 2019 (163) FLR 801 (All. H.C.) Ashok U. Nikam vs. Tata Power Company Ltd. 2019 If the charge leveled against the delinquent employee LLR 273 (Bom. H.C.) is vague, the disciplinary proceeding is liable to be Labour Court is empowered to reduce the punishment vitiated. if it is found shockingly disproportionate. Employers, Management of M/s. Tata Steel Ltd. vs. M/s. Hindalco Industires Ltd. vs. State of U.P. and 3 Their Workman Bijay Kumar Singh. 2019 LLR 1240; Others. 2019 LLR 522 (All. H.C.) 2019 (162) FLR 219 (Jhar.H.C.) Enquiry is not fair and proper when workman was not allowed to represent his defence through his Daily Wager representative in the enquiry, proceedings were not supplied to him, not allowed to cross examine Daily wager has no vested right to claim management witness and not supplied copy of reinstatement or reappointment. enquiry report. Principles of natural justice not Satpal vs. Chandigarh Administration and Others. followed. 2019 LLR 968 (P&H H.C.) M/s. Associated Service Station vs. Jai Kishen Sharma. 2019 LLR 951 (Delhi H.C.) Demonstration When the enquiry is vitiated, management should prove the charge in the court with material witness Workers’ right to demonstrate is not absolute and is who prepared the document on the basis of which subject to reasonable restrictions. Hooliganism workman was terminated. cannot be allowed to disturb industrial peace. Steel Authority of India Ltd. vs. Sarvan Kumar. 2019 Chennai Yetrumathi Valaga Uzhiyargal Matrum LLR 745 (Chht.garh. H.C.) Podhu Thozhilalar Sangam vs. Commissioner of Enquiry findings cannot be rejected by applying Labour,Chennai and Others. 2019 LLR 841 (Mad. H.C.) rigours of Evidence Act. Kali Kant Jha vs. M/s. Birla Textile Mills. 2019 LLR Disciplinary Proceedings 646; 2019 Lab IC 138 (H.P.H.C.) Ex-parte enquiry would be fair and valid when the Employee is not entitled to delay the enquiry by employee was notified to attend enquiry, provided extending availing of opportunities granted to him to repeated opportunities but did not attend. submit his defence, if any. Manjeet Singh vs. State of NCT of Delhi & Ors. 2019 State Bank of India & Ors. vs. Atindra Nath LLR 129 (Delhi H.C.) Bhattacharya & Anr.2019 LLR 1300 (S.C.)

- IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT When Enquiry Officer did not consider the medical Acquittal by criminal court does not debar employer certificate of the of the employee and genuineness of from exercising power to conduct departmental the letter of doctor confirming the certificate, inquiry proceedings and impose punishment on the basis of would be invalid. enquiry findings. Delhi Transport Corporation vs. Raj Singh. 2019 LLR Karnataka Power Transmission Corpn. Ltd. vs. Sri C. 279 (Delhi H.C.) Nagaraju & Anr.2019 LLR 1181 (S.C.) Ex-parte inquiry would be invalid when neither E.O. Enquiry would be fair and proper when employee was recorded the facts available on record nor inquiry given opportunity to reply charge-sheet, examined report was supplied to him to rebut the findings of E.O. his witnesses and cross examining management witnesses. The Managing Director,Green Roadways Pvt. Ltd. vs. COVER FEATURE COVER The Presiding Officer,Industrial Tribunal, Batinda & M.L. Singla vs. Punjab National Bank and Another. Another.2019 LLR 386 (P&H H.C.) 2019 LLR 224 (S.C.) When standing orders do not provide assistance of When enquiry is declared invalid by court, it is for the lawyer to workman in enquiry, such demand of employer to request the court to lead additional workman for representation by lawyer would not be evidence. Court will not automatically direct the justified. management to lead fresh evidence. Hindustan Unilever Ltd. vs. Prashant and Ors. 2019 M/s. Superior Industries Ltd. vs. Sh. Dhani Ram & LLR 419 (Bom. H.C.) Another.2019 LLR 1315 (P&H H.C.) An enquiry finding is liable to be quashed if copies of Enquiry will be invalid when no date, time or place of relevant documents were not supplied, defence oral enquiry was fixed and two persons without any evidence was not recorded despite repeated demands examination in chief were allowed to cross examine by raised and witness of complainant clearly denied in delinquent employee. cross-examination the allegation of sexual

www.businessmanager.in 32 BUSINESS MANAGER | FEBRUARY 2020 harassment against the delinquent employee. Dismissal justified for misconduct of Harcharan Singh vs. Director of Education & Ors. misappropriation. 2019 LLR 476 (Delhi H.C.) Hari Kishore Singh vs. Allahabad Bank. 2019 LLR 439 If the complaint is not proved by the complainant before (Jhar.H.C.) the Enquiry Officer, the enquiry will not be fair and Dismissal justified for the misconduct of proper. misappropriation of money of corporation. UCO Bank vs. Presiding Officer, Central Government Maharashtra State Road Transport Corporation vs. Industrial Tribunal-cum-Labour Court-II, A.B. Patel. 2019 LLR 487 (Bom. H.C.) Chandigarh. 2019 LLR 506 (P&H H.C.) Employees’ Compensation Act Dismissal Amputation of right leg below 1/3rd the thigh is 100% Dismissal justified for the misconduct of financial functional disability. COVER FEATURE irregularities. Arun Kumar Jha vs. Ranvir Singh & Anr. 2019 LLR State Bank of India & Ors. vs. Atindra Nath 121 (S.C.) Bhattacharya & Anr.2019 LLR 1300 (S.C.) Sworn testimony of the wife of the deceased will be If management fails to prove the charges, punishment sufficient to confirm employer-employee relationship. would not sustain. Tebha Bai (Smt.) & Ors. vs. Raj Kumar Keshwani & Divisional Controller, North-East Karnataka Road Ors. 2019 LLR 122 (S.C.) Transport vs. Hanumanthappa. 2019 LLR 1319 (Kar.H.C.) As per the settled law, the Interest is payable at the Claim for reinstatement rightly rejected keeping in rate of 12% per annum from the date of accident and view the dishonest nature of employee. not from the date of decision of the case.

Shankerling S/o Bharamappa Kattimani vs. North East Karnataka Road Transport Corporation - IMPORTANT LABOUR JUDGMENTS - 2019 Divisional Controller, NWKRTC, Bagalkot. 2019 (163) vs. Smt. Sujatha. 2019 LLR 222 (S.C.) FLR 12 Summary of Cases (Kar. H.C.) When driver required to be with the bus 24 hours and Dismissal justified for committing offence by while coming down of the room of the bus, fell and producing false certificate to get job. expired, it would be accident arising out and in the Karnataka State Road Transport Corporation vs. course of employment, thus deceased dependants Labour Commissioner,Deptt. of Labour,Bangalore and entitled to compensation. another.2019 (163) FLR 13 Summary of Cases (Kar.H.C.) Leela Bai and Another vs. Seema Chauhan and Dismissal justified for the misconduct of Another.2019 LLR 241 (S.C.) misappropriation. Employer is liable to pay compensation and interest Delhi State Civil Supply Corporation Ltd. vs. Sh. from the date of accident. Badan Singh. 2019 LLR 1189 (Delhi H.C.) Jahan Uddin and Others vs. Union of India and Dismissal justified for remaining unauthorized absent Others. 2019 LLR 1310 (Gau. H.C.) habitually. Death due to heart attack, while resting under a tree P. Venkatachalam vs. The Presiding Officer, Labour while on job of driving, would be deemed accident Court, Salem and Another.2019 LLR 1199 (Mad. H.C.) during and in the course of employment. Entitled for When workman obtained employment on the basis of compensation. bogus educational certificate, no enquiry is National Insurance Company Ltd. vs. Renukamma and mandatory and can be dismissed if prima facie others. 2019 (163) FLR 13 Summary of Cases (Kar.H.C.) established. When the deceased was with Truck when murdered, C. Muthusamy vs. The Labour Court, Salem and then the peril suffered by deceased cannot be Another.2019 LLR 1201 (Mad. H.C.) incidental to his employment. Dismissal of a person working as ghost employee on the Santokh Singh vs. Acchru Ram. 2019 (163) FLR 912 charge of absenteeism without enquiry would not be (Bom. H.C.) sustainable. Dependents are entitled to compensation when death North Delhi Municipal Corporation vs. Jaswant caused due to stress and strain/work pressure. Singh. 2019 LLR 1065 (Delhi H.C.) Kannammal and Others vs. N. Balasubramanian and Dismissal for the misconduct of violence causing Others. 2019 LLR 1232 (Mad. H.C.) damage to company bus without enquiry would be Since deceased died at the spot, the manner of his death illegal attracting reinstatement with back-wages and whether it is by a murder or an accident is really other benefits. immaterial. M/s. MRF Ltd. Arkonam Taluk vs. R.N. Ravinder and United India Insurance Co. Ltd. vs. Smt. Kumta Devi Another.2019 Lab IC 2559, 2019 LLR 1017 (Mad. H.C.) & Ors. 2019 LLR 1235 (H.P.H.C.) When charge of misappropriation is proved, undue Remand of the case is not justified if the employer has sympathy towards workman is not justified in granting not proved any prejudice caused to him by the order reinstatement. of the compensation commissioner. Management, Tamil Nadu State Transport U.P.S.R.T.C.vs. Narendra Singh. 2019 LLR 1080 (All. H.C.) Corporation vs. Presiding Officer,Chennai & Anr.2019 Mother of the deceased and not the brother being LLR 862 (Mad. H.C.) dependent would be entitled to receive the compensation.

www.businessmanager.in 33 BUSINESS MANAGER | FEBRUARY 2020 Taluka Panchayat Mendarda and Ors. vs. Maliben When employer or driver admitted relationship of Rukhadbhai and Ors. 2019 LLR 1119 (Guj. H.C.) employer-employee in respect of cleaner/conductor When the helper of the vehicle died due to hit by on a truck, relationship is established. unknown vehicle while crossing road on instruction of IFFCO TOKIO General Insurance Company Ltd. vs. driver to take tiffin, would amount to accident arising Daya and Others. 2019 LLR 231 (P&H H. C.) out of and in the course of employment making Before filing appeal, employer has to deposit the dependents entitled for compensation. amount of award with the commissioner. Senior Divisional Manager, National Insurance Jeetu Bhai Motwani vs. Lekhram Namdeo. 2019 LLR Company Ltd. vs. Shaibarani Mohanta & Ors. 2019 255 (M.P.H.C.) LLR 1130; 2019 II CLR 1026 (Orissa H.C.) When deceased receive injuries at premises of the No compensation is payable by the employer when employer and co- employee confirms it in evidence the construction worker was murdered by stranger at that he was working there, it would be sufficient to construction site. Personal animosity, ill-will cannot establish employer- employee relationship. be termed as an accident during the course of employment. M/s. Kamal Bhatta Company vs. Santosh and Others. 2019 LLR 257 (P&H H.C.) Somu vs. Smt. Savithri and Others. 2019 LLR 971 (Kar. H.C.) In case of accident during the course of employment, Forcing a person to do duty when not well, causing legal heirs are entitled to get the compensation. immense stress aggravating the illness suffered by the person resulting into his death would be an accident Kumar Mangalam vs. Chief Manager, Telecom, arising out of employment, making dependents entitled Gujarat Circle. 2019 LLR 275 (Guj. H.C.) for compensation. When there is no casual connection between the employment and accident, compensation is not Bajaj Allianz General Insurance Co. Ltd. vs. Jarina payable. Begum & Ors. 2019 LLR 1013 (Delhi H.C.) Compensation not to be granted when neither the Oriental Insurance Company Limited and others vs. deceased was having valid driving licence nor Somdatt Sharma and Others. 2019 (160) FLR 249 (All. H.C.) claimants could provide employment with the owner Interest is also to be paid by the insurer (Insurance of the vehicle and injuries received in alleged Company). accident. United India Insurance Co. Ltd. vs. Ram Kishore and New India Assurance Co. Ltd. vs. Fulmati Dharamdev Others. 2019 LLR 530 (All. H.C.) Yadav & 2 Ors. 2019 II CLR 653; 2019 LLR 1015 (Guj. H.C.) Even if no notice was given of accident to the Employee covered under ESI is not entitled to claim employer as per Section 10(1) of EC Act, lack of notice compensation from employer under E.C. Act. cannot be bar to entertainment of claim. Munmahesh vs. Ashish Nemichand Katariya and National Insurance Co. Ltd. vs. Smt. Swari Devi. 2019 Another.2019 LLR 828 (Bom. H.C.) (163) FLR 983 (Uttar.H.C.) Accident has to be understood as meaning a mishap or untoward event not expected or designed. When Employer-Employee employee was found medically fit before joining the duty, death during employment due to heart attack Relationship establishes connection between his death and Initial burden is on the employee to establish that he employment. Dependents entitled to compensation.

- IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT was employed by the principal employer and enjoyed Star Health & Allied Insurance Co. vs. Ambedkar employer-employee relationship. His bald statement Singh & Ors. 2019 LLR 749 (Delhi H.C.) to this effect will not be sufficient. The words "any other person" therein, a total stranger Rakesh Sharma vs. Indian Oil Corporation and to the business or activity in which the workman was Another.2019 LLR 1109 (H.P.H.C.) involved and suffered due to accident and that total stranger was responsible for the accident that caused the injury. When the guest house care taker was on fixed contract renewed on his request every time and neither Kerala State Electricity Board vs. Kunjappan. 2019 covered under ESI nor PF nor paid bonus nor LLR 632 (Ker.H.C.) appeared on muster roll of the corporation, there COVER FEATURE COVER Death of the person at work site while the work of would be no employer-employee relationship. canal repairing was going on is sufficient to establish the employer-employee relationship. Moti Chand vs. The Senior Divisional Manager,LIC of India and Another.2019 LLR 625 (P&H H.C.) Godavarimarathwada Irrigation Development Onus of proving existence of employer-employee Corporation vs. Bajirao Raghunath Gunjal and Others. 2019 LLR 134 (Bom. H.C.) relationship lies on the workman. Owner of the vehicle and not the insurance company Madan vs. Anmol Financial Services Ltd. 2019 (161) would be liable to pay compensation when the owner FLR 679 (Delhi H.C.) did not possess valid registration certificate of the To rebut the claim of employee, employer has to vehicle. establish through records that he was not his employee. United India Insurance Company Ltd. vs. Smt. Fulna Devi and Others. 2019 LLR 164 (H.P.H.C.) Aman Nagrath vs. Devender Mandal. 2019 LLR 364 (Delhi H.C.)

www.businessmanager.in 34 BUSINESS MANAGER | FEBRUARY 2020 Writ petition against the Government Authority in the When the employer is facing financial crisis, payment absence of employer-employee relationship is not of interest in installments may be allowed. maintainable for raising claim of wages. M/s. The Jankiram Mills Ltd. vs. The Assistant Provident The Pragati Engineers Workers Association vs. Fund Commissioner,Madurai and Another.2019 LLR 1332 National Highway Authority of India & Others. 2019 (Mad. H.C.) LLR 496 (H.P.H.C.) Tribunal has discretionary power to waive off pre- deposit for admission of appeal. Employees’ Provident Fund The Commissioner,Pollachi Municipality vs. The Assistant Provident Fund Commissioner and Another.2019 LLR 1332 Clubbing justified when two establishments having (Mad. H.C.) linkages with and control by parent company is When the employer is facing financial crisis, payment established. of EPF dues in installments, may be allowed. Shree Vishal Printers Ltd. vs. Regional Provident M/s. MN 141 Panaikulam Primary Agricultural Co-

Fund Commissioner, Jaipur and Another. 2019 LLR Operative Bank Limited vs. The Assistant Provident COVER FEATURE 1323 (S.C.) Fund Commissioner, Madurai and Another. 2019 LLR Mere because purchaser went ahead with a new 1334 (Mad. H.C.) product, by this itself it cannot be said to be a new Appeal is not admissible without fulfilling condition establishment, to be entitled to infancy benefit of as stipulated under Section 7-O of the Act. section 16 (1) (d) of the Act. Spentex Industries Ltd. vs. Regional Provident Fund Jessore Industries (India) Limited and Anr vs. Commissioner.2019 LLR 1335 (M.P.H.C.) Regional Provident Fund Commissioner & Ors. 2019 There is no provision empowering waiver of the EPF LLR 1241 (S.C.) dues in any manner. The definition of employee under I.D. Act and one Shri Guru Nanak Shiksha Samiti vs. Assistant - IMPORTANT LABOUR JUDGMENTS - 2019 defined under EPF Act are not similar. Their objects are Provident Fund Commissioner & Others. 2019 LLR not identical. Judgment passed considering the 1336 (M.P.H.C.) definition of I.D. Act for the purpose of EPF Act would Complaint against the EPF Authority under Consumer be bad in law. Protection Act, 1986 is also maintainable. Assistant Provident Fund Commissioner, EPFO Asad Ali vs. The R.P.F. Commissioner & Others. 2019 Bareilly vs. U.P.State Warehousing Corporation. 2019 LLR 1137 (M.P.H.C.) (163) FLR 106; 2019 LLR 1131 (S.C.) Women workers from home stitching the garments as For becoming entitled to pension under the Employees per specification of the company having absolute Pension Scheme, 1952, the required pensionary service is right to reject the finish product and paid by the 10 years. company on piece basis would be employees of the Om Prakash Dubey vs. Assistant Commissioner EPF. company under Section 2 (f) of the EPF Act. 2019 LLR 1338 (M.P.H.C.) Officer In-charge, Sub-Regional Provident Fund Office Remittance of EPF dues may be allowed to be paid in vs. Godavari Garments Ltd. 2019 III CLR 367; 2019 LLR installments considering financial position of the 1019 (S.C.) petitioner. Allowances paid universally, generally and ordinarily M/s. Rashtra Deepika Limited vs. Assistant Provident to all employees by the employer except those Fund Commissioner and Others. 2019 LLR 1340 (Ker.H.C.) specifically exempted under the definition of basic Correction in date of birth of employee after his wages would be part of basic wages for the purpose of retirement for the purpose of enhanced pension PF contribution. Only those allowances or amount not under writ jurisdiction is not maintainable. paid to all or variable in nature or for which employee Tripta Devi & Others vs. Employees' Provident Fund puts extra effort to earn, would be out of ambit of Organization & Others. 2019 LLR 1341 (H.P.H.C.) basic wages. Prescribed limitation for filing an appeal is to be from The Regional Provident Fund Commissioner (II) West the date of knowledge of the order depending upon Bengal vs. Vivekananda Vidyamandir and Others. 2019 facts and circumstances for each case. LLR 339 (S.C.) M/s. Veerabhoomi Tourist Village (P) Ltd. vs. The Writ petition would be maintainable at the place Assistant Provident Fund Commissioner and Anr.2019 where the original authority/court had exercised the LLR 1342 (Kar.H.C.) jurisdiction. Assessment of EPF dues by the EPF Authority without prior Calcutta Gujrati Education Society vs. Regional notice to the employer is not sustainable being without Provident Fund Commissioner.2019 LLR 1058 (S.C.) jurisdiction. An employee to be covered under the term "excluded Delhi State Civil Suppliers Corporation Ltd. vs. Food employee" must be who was a member of the Act and & Allied Loading Unloading Mazdoor Union and Ors. Scheme of 1952 and who had withdrawn full 2019 LLR 1344 (Delhi H.C.) Provident Fund after age of 55 years and not EPF accumulation to be paid to the retired employee otherwise covered under any other Act including GPF. with interest well within reasonable time to avoid Modern Transportation Consultation Services Pvt. further interest and penalty. Defaulting employer is Ltd. vs. Central Provident Fund Commissioner, also liable to be burdened with heavy interest and Employee Provident Fund Organisation & Ors. 2019 damages. LLR 539 (S.C.)

www.businessmanager.in 35 BUSINESS MANAGER | FEBRUARY 2020 Georgekutty Augustine vs. The Regional Provident Fund days) may be condoned subject to costs by appellate Commissioner and Another.2019 LLR 1346 (Ker.H.C.) tribunal. Order of E.P.F. appellate tribunal can be challenged in Thangamman Knit Garments vs. Employees Provident writ only by board of trustee and not by regional Fund Organisation. 2019 LLR 1266 (Mad. H.C.) provident fund commissioner. Employees of the exempted and unexempted Regional P.F. Commissioner vs. M/s. B.P. Trading. establishments are entitled to the benefit of enhanced 2019 (163) FLR 17 Summary of Cases. (Pat. H.C.) pension on the basis of their contribution with In filing appeal before tribunal beyond 120 days not reference to actual salary received by them to their permissible. Provident Fund account. Kushang Society and House Keeping Pvt. Ltd. vs. P.O., R. Thyagarajan and Others vs. Central Provident CGIT and Labour Court. 2019 (163) FLR 892; 2019 LLR Fund Commissioner.2019 LLR 1267 (Mad. H.C.) 1145 (All. H.C.) While reducing or waiving of condition of pre-deposit, Delayed deposit of EPF dues would attract statutory by passing a judicial order, the Tribunal must record rate of interest and imposing higher or lower rate of facts and reasons thereof. interest is bad in law. M/s. JBM Auto System Private Limited vs. Regional M/s. Rampur Distillery and Another vs. Regional P.F. PF Commissioner-II (C&R). 2019 LLR 1269 (Mad. H.C.) Commissioner and Others. 2019 LLR 1244 (All. H.C.) Section 14B of the Act does not mandate that The EPF Authority may be restrained from giving damages must follow in every default. further effect to the recovery order if the Court is Assistant Provident Fund Commissioner vs. Presiding satisfied by the submission of the employer that EPF Officer, EPF Appellate Tribunal, New Delhi and dues with interest has already been remitted by him. Others. 2019 LLR 1271 (Mad. H.C.) Chairperson, Managing Committee of Assembly of Relief of payment of determined amount of EPF dues, God Church School vs. Regional P.F. Commissioner, in instalments on the ground that company has Durgapur and Another.2019 LLR 1247 (Cal. H.C.) become sick and facing acute financial crisis, is Deposit of EPF dues after lodging of complaint or FIR appropriate. by the EPF Authority, the defaulting employer cannot M/s. Devarshola Tea Factory vs. The Assistant Provident be exonerated from criminal liability and is liable to Fund Commissioner.2019 LLR 1273 (Mad. H.C.) face penal consequences. Any order passed by judicial authority in violation of Malhati Tea & Industries Ltd. & Ors. vs. State of West principles of natural justice is not sustainable. Bengal & Anr.2019 LLR 1249 (Cal. H.C.) Builtech Foundations vs. The Assistant Provident Fund If the principal employer fails to submit any Commissioner (C ) and Anr.2019 LLR 1274 (Ker.H.C.) documents to prove that were of contractor, such LIC is not to be covered under Employees Provident employees will be treated as employees of the Funds and Miscellaneous Provisions Act, 1952 since it principal employer for the purpose the Act. is not engaged in general business. Naveen Vidya Bharti Public Hr.Sec. School vs. Assistant Sr. Divisional Manager, L.I.C. of India and Another Provident Fund Commissioner, Bhopal. 2019 LLR 1254 vs. Employees Provident Fund Organization and (Delhi H.C.) Others. 2019 LLR 1275 (All. H.C.) When alternative statutory remedy is available for Amount of pre-deposit of 75% may be waived off or challenge to order passed under Section 7-A of the reduced to any extent by the Authority considering Act, it would not be just and proper to entertain writ - IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT facts and circumstances of the case. petition for adjudication of factural dispute. M/s. Vijay Electricals Ltd. vs. E.P.F.O. through Jharkhand Education Project and Another vs. The Commissioner,Dehradun and Ors. 2019 LLR 1277 (All. H.C.) Employees Provident Fund Organisation and Others. 2019 LLR 1256 (Jhar. H.C.); M/s. Fusion Engineering Mere closure of an establishment, covered under the Products Limited vs. Employees Provident Fund EPF Act, 1952, would not get absolved from the Organisation and Others. 2019 LLR 1257 (Jhar.H.C.) liability of remittance of EPF contributions until the lawful closure is not effected and intimated to the EPF EPF contribution may be allowed to be paid in Authority and due acknowledgement from the installments subject to any condition to the department. satisfaction of the Tribunal/Court. Bharat Varshya National Association vs. Asstt. P.F.

COVER FEATURE COVER Santha Maria Public School vs. The Regional Provident Commissioner and Another.2019 LLR 1278 (All. H.C.) Fund Commissioner.2019 LLR 1258 (Ker.H.C.) An appeal against order passed under Section 7- As per para 6 of 1995 Scheme, every employee, member of B (5) of the EPF Act, 1952 is maintainable is the either 1952 Scheme or of Provident Fund of factories or has review order has been passed by considering the been a member of Pension Scheme of 1971, are entitled to merits of the order passed under Section 7-A of be treated as members of 1995 Pension Scheme. the Act. Khoob Chand Verma @ K.C. Verma vs. Regional Chandra Shekhar Azad University of Agriculture and Provident Fund Commissioner.2019 LLR 1259 (M.P. H.C.) Technology vs. Regional Provident Fund Commissioner- When the employer is financial sick, payment of EPF II, Kanpur and Another.2019 LLR 1279 (All. H.C.) dues in installments may be allowed. In view of proviso to Rule 7(2) of the Rules prescribing M/s. Singara Estate vs. The Assistant Provident Fund specific limitation, provisions of Rule 21 cannot Commissioner.2019 LLR 1265 (Mad. H.C.) further extend the period for filing of appeal. Delay beyond prescribed limitation of 60+60 (total 120 M/s. Balaji Ginning Factory vs. Assistant Provident

www.businessmanager.in 36 BUSINESS MANAGER | FEBRUARY 2020 Fund Commissioner.2019 LLR 1286 (Bom. H.C.) government corporation is not permissible. EPF dues of defaulting employer are recoverable from Kshetriya Sangh Employees Association vs. Regional third party if it holds money on behalf of defaulting Provident Fund Commissioner.2019 LLR 1159 (M.P. H.C.) employer. For challenging an order passed by the EPF Authority Sun Pharmaceutical Industries Ltd. vs. Employees the remedy is of filing of statutory appeal and not writ Provident Fund Organisation & Anr. 2019 LLR 1291 petition. EPF Appellate Tribunal may accept bank (Delhi H.C.) guarantee of 75% of awarded amount as pre-deposit To grant complete waiver from pre-deposit towards condition for admission of appeal. admission of appeal, as per Section 7-O of the EPF Act, M.P. Housing Infrastructure Development Board vs. 1952, depends upon discretion of the Tribunal subject Regional Provident Fund Commissioner-II, Jabalpur. to sufficient material. 2019 LLR 1161 (M.P.H.C.) Regional Provident Fund Commissioner vs. Ahluwaia Imposing damages and interest by EPF Authority Contracts (India) Ltd. 2019 LLR 1133 (Delhi H.C.) without giving reasons or discussing the justified

Delay beyond prescribed limitation is condonable if contentions raised by the employer, is not sustainable. COVER FEATURE the assessment order and recovery certificate were Uttar Bihar Gramin Bank vs. The Union of India and sent by the EPF Authority at old address despite Others. 2019 LLR 1162 (Pat. H.C.) having received intimation in advance of the new While passing an ex-parte order, it is primary duty of the address of the employer. EPF Authority that money recovered is for identified M/s. Seasons Furnishings Ltd. vs. Assistant Provident beneficiaries. Fund Commissioner,Delhi (E) and Anr.2019 LLR 1140 M/s. Super Kisan Udyog vs. The Regional Provident (Delhi H.C.) Fund Commissioner & Anr.2019 LLR 1163 (Pat. H.C.) While imposing interest upon the employer for Where the company has gone into liquidation, delayed remittance, EPF Authority has to deal with the employees have to submit their claims to official contentions of the employer as raised by him. liquidator for onward submission by him to EPFO for - IMPORTANT LABOUR JUDGMENTS - 2019 M/s. Wear Well India Pvt. Ltd. vs. Regional Provident payment release. Fund Commissioner and Anr.2019 LLR 1142 (Delhi H.C.) Sadan Singh @ Sadan Singh & Ors vs. Shree Recalling of the attachment order would be justified Bhawani Cotton Mills Ltd. (in liquidation) & Ors. when employer deposited agreed amount against 2019 LLR 1165 (P&H H.C.) recovery. Delayed deposit of misappropriated amount or EPF Sree Narayana Central School and Others vs. Employees dues makes out no ground for quashing FIR. Provident Fund Organisation and Others. 2019 LLR 1144 Gian Prakash Bhandari and Another vs. State of (Ker.H.C.) Punjab and Others. 2019 LLR 1166 (P&H H.C.) Employer is not entitled to seek refund of EPF dues in Corporation is entitled to file objections to show respect of employees moved from one establishment cause notice and the EPF Authority is under to another simply because employees have not obligation to consider the objection before claimed such amount so deposited within a period of proceeding further in the matter. 5 years. Deputy General Manager, Karnataka State Dharnanidara Spinning Mills Private Ltd. vs. Financial Corporation vs. Assistant Provident Employees Provident Fund Organisation. 2019 LLR Fund Commissioner & Recovery Officer. 2019 LLR 1145 (Mad. H.C.) 1169 (Kar. H.C.) Employer can be allowed to pay EPF dues in If the employer does not make any effort before the installments because of financial crisis. Tribunal for disposal of his stay application, then the Alagappa Textiles (Cochin) Mills vs. The Regional EPF Authority is at liberty to initiate recovery of the Provident Fund Commissioner.2019 LLR 1156 (Ker.H.C.) EPF dues immediately in accordance with law. Pension Scheme 1971 and 1995 are distinct and no Sri Mallikarjun Revannasiddayya Kudalmath vs. comparative analysis between both the Schemes is The Assistant Provident Fund Commissioner and proper since 1971 Scheme was mandatory in nature as Anr.2019 LLR 1170 (Kar.H.C.) it became applicable to all employees irrespective of The EPF Authority cannot scuttle and violate the right voluntary membership of 1995 Scheme. of defaulting employer to have access to justice by Board of Trustees of EPF Organisation vs. Official passing attachment order immediately after Liquidator and Others. 2019 LLR 1157 (M.P.H.C.) assessment order. It is for the EPF authority to decide that whether the Mariswamy Sharavathi Gas Services vs. The employee is entitled for pension and whether Regional Provident Fund Commissioner. 2019 LLR employer society is not covered under the EPF Act. 1171 (Kar.H.C.) The Assistant Provident Fund Commissioner vs. Pending appeal before tribunal, order of attachment Kishan Singh. 2019 LLR 1159 (M.P.H.C.) of bank account of employer is liable to set aside. When the government corporation defaulted in filing M/s. Scorpian Security Ltd. vs. The Regional statutory returns and later on went into liquidation Provident Fund Commissioner - II (C&R). 2019 LLR leaving amount of employees undisbursed, EPF 1172 (Kar.H.C.) Authority have enough powers to direct the concerned When 7-A proceedings are conducted arbitrarily, persons to file returns to release the payment to employer can seek relief from High Court by filing writ employees. Leniency by EPF Authority towards petition.

www.businessmanager.in 37 BUSINESS MANAGER | FEBRUARY 2020 Chromous Biotech Pvt. Ltd. vs. Employees Provident Section 11(2) of the EPF Act, 1952 creates first charge Fund Organisation & Another.2019 LLR 1173 (Kar.H.C.) on assets of establishment not only to the amount When the employer has already deposited EPF dues in determined under Section 7-A and 14-B but interest terms of Section 1 (4) of the EPF Act, it shall continue to under section 7-Q of the Act also. deposit even if number of employees falls below 20. Employees Provident Fund Organization vs. M/s. Vee Regional Provident Fund Commissioner vs. M/s. Kay Fibres Ltd. 2019 LLR 1045 (P&H H.C.) Shivdeep Industries Ltd. 2019 LLR 1176 (Raj. H.C.) If it is proved on record to the satisfaction of the Court Damages imposed under Section 14-B of the EPF Act, that the compliance of the order of court is under 1952 may be reduced on the basis of facts and process and compliance would be completed in a circumstances including mitigating circumstances to short span of time, the contempt proceedings may not any extent. be initiated against the defaulter (s). Rajasthan Shiksha Karni Board vs. Assistant Bhawanigarh Paledar Mazdoor Dal vs. K.S. Pannu Provident Fund. 2019 LLR 1178 (Raj. H.C.) and Others. 2019 LLR 1047 (P&H H.C.) Members of the pension scheme of exempted When the transferee employer is paying EPF establishments are also entitled to higher pension on contributions for the last more than one year, the the basis of payment of EPF contributions. transferor employer cannot be held liable for default in remittance of EPF dues at a later stage. Bhartiya Khadya Nigam Karamchari Sangh and Anr. vs. Union of India & Ors. 2019 LLR 1024 (Delhi H.C.) Rajasthan Rajya Sahakari Awasan Sangh Ltd. vs. EPF Appellate Tribunal is empowered to reduce the damages Regional Provident Fund Commissioner. 2019 LLR as imposed by the EPF Authority under Section 14-B of the 1048 (Raj. H.C.) EPF Act. Past service and past service pensionable are two different terms. Employees Pension Scheme 1995 Assistant Provident Fund Commissioner, Delhi vs. reflects formula for calculation of past service M/s. Tobu Enterprises. 2019 LLR 1034 (Delhi H.C.) pensionable as per Para 12 (3) (c) of the Scheme and EPF Appellate Tribunal is empowered to waive off the not as per Para 12 (3) (a) or (b) of the Scheme. damages on the ground that establishment was declared sick industry by BIFR and its revival later on Agarchand Bhansali vs. The Assistant Provident would not be of any effect. Fund Commissioner.2019 LLR 1051 (Raj. H.C.) When the EPF Appellate Tribunal is not functioning, Govind Glass & Industries Limited vs. The Chairman, the aggrieved employer may seek relief by filing writ Central Board of Trustees & Ors. 2019 LLR 1035 (Delhi H.C.) petition before the Writ Court. EPF dues determined under Section 7-Q of the Act may be allowed to be deposited in installments Life Insurance Corporation of India and Another vs. considering the financial crisis on the part of the Asstt. Commissioner of P.F., Ernakulam. 2019 LLR 1054 (Cal. H.C.) employer. Any relief granted by the Court subject to any Sathyadhara Communications (P) Ltd. vs. The Asst. condition may be withdrawn if the condition is not Provident Fund Commissioner Employees Provident fulfilled by the party concerned. Fund Organization and Anr.2019 LLR 1036 (Ker.H.C.) Deposit of arrears of EPF dues may be allowed to be The Regional Provident Fund Commissioner vs. paid in installments by the High Court or Tribunal Retired Police Officer's Security Bureau. 2019 LLR 1055 (Kar.H.C.) keeping in view the sufficient reasoning thereto. Recovery of EPF dues only by issuing a notice to that - IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT Traco Cable Company Ltd. vs. Regional Provident effect by any coercive action, without hearing the Fund Commissioner Employees Provident Fund employer concerned in respect of his objections, if Organization and Anr.2019 LLR 1037 (Ker.H.C.) any, raised by him, is not proper. EPF Appellate Tribunal is empowered to reduce or waive off condition of pre-deposit of 75% of the pre- Deputy General Manager, Karnataka State Financial deposit at the time of admission of appeal, Corporation vs. Asstt. Provident Fund Commissioner & Recovery Officer.2019 LLR 1056 (Kar.H.C.) considering facts and circumstance of the case. Remittance of EPF dues in installments as an exceptional M/s. Aishwarya Feeds vs. Asstt. Provident Fund case due to financial difficulties is proper to meet the ends Commissioner.2019 LLR 1037 (Mad. H.C.) of justice. Payment of EPF dues may be allowed to be remitted in COVER FEATURE COVER installment on the ground of financial crisis being faced by M/s. VADIM Infrastructure Private Limited vs. Employees' Provident Fund Organisation & Ors. 2019 the employer. LLR 1056 (Mad.H.C.) M/s. Devarshola Tea Estate vs. Asstt. Provident Fund Writ petition is not maintainable if the alternative Commissioner.2019 LLR 1038 (Mad. H.C.) efficacious remedies are not exhausted. When the tribunal is on leave, writ petition against the Ginish Kumar V.N. and Others vs. Assistant Provident EPF authority order can the admitted. Fund Commissioner & Anr.2019 LLR 905 (Ker.H.C.) M/s. Hatsun Agro Product Ltd. vs. Regional PF Director of a company is not principal employer or Commissioner-I, E.P.F.O., Vellore. 2019 LLR 1040 (Mad. H.C.) owner for the purpose of compliance under EPF Act. Without exhausting remedy before appellate tribunal, Prosecution against director to be quashed. writ is not maintainable. Supreme Paper Mills Limited & Ors. vs. The State of C.D. Steel Pvt. Ltd. vs. Assistant Provident Fund West Bengal & Anr.2019 LLR 906 (Cal. H.C.) Commissioner and Ors. 2019 LLR 1042 (Cal. H.C.)

www.businessmanager.in 38 BUSINESS MANAGER | FEBRUARY 2020 Nominee can claim the amount but he is under salary received by them. Cut off date 01.12.2004 is obligation to make over the entire amount to the legal invalid in law. heirs of the deceased proportionately. R. Baskaran vs. Regional Provident Fund Smt. Arati Ballav vs. State of West Bengal & Ors. 2019 Commissioner. 2019 LLR 936; Thirupathy V.K. and LLR 910 (Cal. H.C.) Others vs. Central Provident Fund Commissioner Payment of arrear of EPF dues may be allowed to be and Others. 2019 LLR 799 (Mad. H.C.) paid in installments. Employees, drawing pension under EPF Scheme, P. Unnikrishnan Nair vs. Assistant Provident Fund would also be entitled to regular departmental Commissioner & Anr.2019 LLR 912 (Ker.H.C.) pension, declared later on if they were on pensionable posts before/on the date of retirement It is not open to the employer to challenge show cause and if they were not given opportunity to exercise notice to deposit damages and interest for delay in option as if they want regular departmental pension deposit by blaming the bank for the delay. If default is or EPF Pension. on the bank, the employer can proceed against the bank. Subhash Chandra Gautam vs. State of U.P. and COVER FEATURE Others. 2019 LLR 937 (All. H.C.) M/s. Minda Industries Limited vs. The Regional Provident Fund Commissioner & Anr. 2019 LLR 912 Enforcement Officer is not empowered to determine (Mad. H.C.) amount of EPF contributions, damages or interest. Writ against the order of EPF Authority under Section Sri Durgaoarameshwari vs. Enforcement Officer, Employees 7-A is maintainable when either the Presiding Officer Provident Fund Organization. 2019 LLR 943 (Kar. H.C.) of the EPF Appellate Tribunal is not appointed or post An employee would be entitled for pension from the is lying vacant. date when he opts for pension. M/s. Arya Model High School vs. Union of India and Om Prakash Vijayvargiya & Others vs. The Others. 2019 LLR 913 (P&H H.C.) Employees Provident Fund Organisation and EPF Appellate tribunal while passing its order have to Others. 2019 LLR 781 (M.P.H.C.) - IMPORTANT LABOUR JUDGMENTS - 2019 consider all contentions of the parties. Delay in releasing the EPF dues to the member of Regional Provident Fund Commissioner vs. Western the EPF Scheme may attract interest and penal Abrasive Industries Pvt. Ltd. & 1 Ors. 2019 LLR 915 interest. (Guj. H.C.) Budhmal Jain vs. Employees Provident Fund Section 14-B of EPF Act is constitutionally valid. Organisation and Others. 2019 LLR 785 (M.P.H.C.) Manish Organics India Ltd. vs. Employees' Provident Order of the appellate tribunal can only be Fund Organisation. 2019 LLR 917 (Guj. H.C.) challenged by the board and not the Regional Provident Fund Commissioner. EPF Authority is empowered to make enquiry under Section 7A of the Act to ascertain the applicability Regional Provident Fund Commissioner vs. M/s. upon the employees of the bank. B.P.Trading. 2019 LLR 786 (Pat. H.C.) Sanmitra Urban Cooperative Bank Ltd. and Others An order passed by the EPF Authority is liable to be vs. Assistant Provident Fund Commissioner and set aside if the applicability of the Act is made Others. 2019 LLR 919 (Bom. H.C.) without preparing detailed list of employees indicating exact strength of employees. Delay of about 6 years in filling the writ petition is condonable since the delay was bonafide. The Central Board of Trustees through Assistant Provident Fund Commissioner vs. M/s. Gee Pee The Central Government Trustees vs. Jagadamba Furniture (New). 2019 LLR 787 (Pat. H.C.) Anusuchit Jati Shetakari Vinarki Sahakari Soot Girni Niyamit and Ors. 2019 LLR 929 (Bom. H.C.) An order passed by EPF Authority, without identification of beneficiaries, only recording that Writ petition needs not to be pressed if the Tribunal employer has failed to provide details or amount has already finally heard the relevant industrial spent on goods or wages of employees, is not dispute. sustainable. The Central Government Trustees and Anr. vs. Del M/s. Bharat Sanchar Nigam and vs. The Assistant Star Pvt. Ltd. 2019 LLR 930 (Bom. H.C.) Regional Provident Fund Commissioner,Bhagalpur. Paragraph 10 of the Scheme conveys that pensionable 2019 LLR 791 (Pat. H.C.) service is to be taken in terms of years and not in terms of Non-mentioning of provisions of law under which months. the review application is filed is not fatal. Shri Vikram vs. The Commissioner,Employees Provident M/s. Kumaon Motors Owners Union Ltd. vs. Fund Organisation & Anr.2019 LLR 931 (Bom. H.C.) Recovery Officer, Employees' Provident Fund CGIT is empowered in terms of Rule 21 of the Employees Organisation. 2019 LLR 795 (Uttar.H.C.) Provident Fund Appellate Tribunal (Procedure) Rules, Writ petition against the order of the EPF Authority 1997 to impose any justified condition upon the is maintainable if the Presiding Officer of the appellant-employer while granting stay of the concerned EPF Appellate Tribunal is on leave. impugned order of recovery. Jay Hotels & Resorts vs. The Regional P.F.Commissioner, Spentex Industries Ltd. vs. Assistant Provident Fund Madurai & Others. 2019 LLR 797 (Mad. H.C.) Commissioner.2019 LLR 935 (M.P.H.C.) Amount of assessed damages may be allowed to be Employees are entitled to enhance pension on the remitted in instalments if the employer is facing basis of their contributions with reference to actual financial crisis and ready to pay the amount.

www.businessmanager.in 39 BUSINESS MANAGER | FEBRUARY 2020 Earth Trust, Rep. By its Trustee vs. Assistant Provident Fund Employees' Provident Fund Scheme is a "service" and Commissioner, Coimbatore and Anr. 2019 LLR 799 (Mad.H.C.) a member is "consumer" under the Consumer When remedy of appeal is available before appellate Protection Act. tribunal, direct writ in high court is not maintainable. Employees Provident Fund, Gwalior vs. Saraswati M/s. Shakti Transport vs. Assistant Provident Fund Ucchattar Madhyamik Vidhyalaya, Guna. 2019 (161) Commissioner (Compliance) and Anr. 2019 LLR 801 FLR 983 (M.P. H.C.) (Mad. H.C.) Payments made by the employer to the deposit collectors An order passed under Section 8-Q of the Act without in the form of monetary terms, named as 'wages', or prior notice to the employer or giving him an 'commission' for collecting deposits from other persons to opportunity of hearing, is liable to be set aside since be kept in Bank, is covered by the term "wages" under the service of prior notice is mandatory. EPF Act. M/s. A2295 the Madurai Co-operative Printing Works Ltd. vs. South Malabar Gramin Bank, Malappuram vs. The Regional Provident Fund Commissioner. 2019 LLR 802 Regional Provident Fund Commissioner,Kozhikode & (Mad. H.C.) Ors. 2019 II CLR 459; 2019 LLR 457 (Ker.H.C.) Passing an ex-parts order on the first date of hearing Delay in filing appeal may be condoned by high court is violation of principles of natural justice. subject to deposit of full determined amount and proving on merit that the employer did not receive the M/s. ADEMS (KIDC Contract) vs. R.P.F. Commissioner-II, Nagercoil. 2019 LLR 802 (Mad. H.C.) order of the authority in time. Once an interim order is passed by the Appellate M/s. Shetkar Shikshan Prasarak Mandal vs. Tribunal, staying the operation of the impugned order Employees Provident Fund Organisation and Ors. 2019 under challenge, without any condition, modification LLR 651 (Bom. H.C.) of that order imposing any condition, without Order of the EPF Authority without considering the bringing any new fact or change of circumstances on plea of employer is not sustainable. record, is not tenable. M/s. Sweeptech vs. Assistant Provident Fund T.N. Theological Seminary, Madurai vs. Asstt. P.F. Commissioner.2019 LLR 652 (Bom. H.C.) Commissioner,Madurai. 2019 LLR 804 (Mad. H.C.) Any order passed by the judicial authority without If the employer had not challenged order passed giving reasons thereto, is not sustainable. under Section 7-A of the EPF Act, 1952, by the The Central Board of Trustees, E.P.F.vs. M/s. Shetkar authority, his writ petition against the recovery order Shikshan Prasarak Mandal. 2019 LLR 654 (Bom. H.C.) is not maintainable. An order passed by the EPF Authority without M. Abdul Gaffoor vs. Regional Provident Fund identification of beneficiaries, is not sustainable. Commissioner and Others. 2019 LLR 805 (Mad. H.C.) The Central Board of Trustees, E.P.F. vs. M/s. Patal Writ Court while disposing of writ petition for writ Engineering Ltd. 2019 LLR 655 (Bom. H.C.) appeal is concerned only with the order of the When no employees remained member of the Trust Tribunal and not to consider the merits of the case. since all had left and withdrawn EPF accumulation, Shriram Rayons vs. The Regional Provident Fund challenge to cancellation of exemption would become Commissioner,Kota. 2019 LLR 807 (Raj. H.C.) infructuous. Writ petition against the order of EPF Authority is M/s. International Combustion (India) Ltd. vs. maintainable if the concerned EPF Appellate Tribunal is Regional Provident Fund Commissioner-1, Kolkata not functioning. and Others. 2019 LLR 656 (Cal. H.C.) - IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT Sri Renukacharya Education Society (R) vs. Asst. In the absence of any exceptional reasons challenge to Provident Fund Commissioner & Another. 2019 LLR show cause notice under Section 7A is not 809 (Kar.H.C.) maintainable. When the concerned EPF Appellate Tribunal is not Hemani Industries Limited vs. Asstt. Provident Fund functioning, order of the EPF Authority is Commissioner.2019 LLR 657 (Guj. H.C.) challengeable by filing writ petition before the High Writ appeal is not sustainable in the absence of Court. sufficient reasons as to why the reasons given by the M/s. Metcut Toolings (P) Ltd. vs. The Regional Provident EPF lower courts, as recorded, are non-germane or Fund Commissioner-I. 2019 LLR 810 (Kar.H.C.) without jurisdiction or arbitrary or perverse, in any

COVER FEATURE COVER Regional Provident Fund Commissioner has no locus manner. standi to challenge the order of EPF Appellate Regional Provident Fund Commissioner & 1 Other vs. Tribunal since it cannot be said to be an aggrieved by Managing Director Parsuram Pottery Works Co. Ltd. the order of EPF Appellate Tribunal. 2019 LLR 658 (Guj. H.C.) The Regional Provident Fund Commissioner vs. M/s. Recovery Officer has got no power to interfere with Gogte Textiles Ltd. 2019 LLR 811 (Kar.H.C.) determined amount under Section 7-A of the EPF Act, 1952. Principal employer is liable to remit EPF dues in Kalu Ram Modi Memorial Vananchal Inter College, respect of labour engaged through contractors either Giridih vs. Recovery Officer, EPFO, Regional Office, by itself or through concerned contractors who was Ranchi and Others. 2019 LLR 659 (Jhar.H.C.) even having independent EPF Code number. For payment of 75% or any other amount as ordered Ansal Housing & Construction Limited vs. Regional by the Appellate Tribunal may be allowed to be Provident Fund Commissioner-II, Delhi. 2019 LLR 812; deposited in easy installments by the petitioner/ 2019 II CLR 772 (Delhi H.C.) appellant-employer for admission of the appeal.

www.businessmanager.in 40 BUSINESS MANAGER | FEBRUARY 2020 Manglam WEB Media Pvt. Ltd. vs. The Assistant Provident M/s. Diamond Shipping Agencies vs. The Employees Fund Commissioner & Anr.2019 LLR 660 (Ker.H.C.) Provident Fund Appellate Tribunal and Another.2019 LLR For payment of EPF contributions, if the employer seeks 680 (Mad. H.C.) some time to pay the same, granting him reasonable time is When the ratio of employee to the apprentices is 1:3, appropriate. such employees in the guise of apprentices is not John Zachariah, The Deputy Court Receiver vs. The bonafide, hence liable to be covered under EPF Act. Assistant Provident Fund Commissioner.2019 LLR 661 M/s. Kumar Spinning Mills Pvt. Ltd. vs. The (Ker.H.C.) Employees Provident Fund Appellate Tribunal. 2019 Scope of review does not include re-appreciation of LLR 683 (Mad. H.C.) evidence and rehearing of case without there being One an establishment is covered under the Act, it any error apparent on the face of the record is not would remain covered continuously irrespective of permissible in view of provisions of Section 114 and reduction in number of employees below 20. Order 47 Rule 1 of CPC. Robinson vs. The Regional Provident Fund

Regional Provident Fund Commissioner vs. Smt. Commissioner.2019 LLR 685 (Mad. H.C.) COVER FEATURE Sushila Devi Kashyap. 2019 LLR 662 (M.P.H.C.) Before finalizing representation of the employer Order of the EPF Authority passed without supplying regarding correction of calculation error, attachment the copy of the report to the employer is liable to be of bank account for recovery of determined amount set aside. from the employer is not proper. M/s. Parthas Textiles vs. The Regional Provident Dr. Somervell Memorial CSI Medical College and Fund Commissioner.2019 LLR 666 (Mad. H.C.) Hospital vs. The Employees Provident Fund Appellate Period of delay is to be counted from the date or Tribunal and Others. 2019 LLR 687 (Ker.H.C.) knowledge of the order to the date of filing of appeal Pre-deposit of 75% of the determined amount as per and not to the filing of writ petition. Section 7-O of the EPF Act is not required when the - IMPORTANT LABOUR JUDGMENTS - 2019 M/s. Deccan Enterprises vs. The Employees Provident appeal is against the order passed under Section 14-B Fund Appellate Tribunal. 2019 LLR 667 (Mad. H.C.) of the Act. The EPF Authority has to return the records recovered Amazon Seller Services Pvt. Ltd. vs. Employees from the petitioner and seized by it and also to issue a Provident Fund Organisation. 2019 LLR 688 (Kar.H.C.) copy of report on the basis of which impugned order Amendment in memo of appeal is permissible if it will has been passed. not change the nature of appeal. M/s. Satyam College of Engineering & Technology vs. M/s. Constaccent Consultancy Pvt. Ltd. vs. Assistant Assistant Provident Fund Commissioner. 2019 LLR 668 Provident Fund Commissioner.2019 LLR 689 (Bom. H.C.) (Mad. H.C.) The power to recover damages under Section 14-B is Levy of damages under Section 14-B of the Employees discretionary. Provident Funds and Miscellaneous Provisions Act, Regional Provident Fund Commissioner, E.P.F.O. vs. 1952 without considering mens rea on the part of Presiding Officer,E.P.F.A.Tribunal and Another.2019 LLR employer, is not sustainable. 690 (Mad. H.C.) M/s. Indian Foods Private Ltd. vs. Assistant Provident EPF Authority cannot prefer writ petition against the Fund Commissioner. 2019 LLR 670; M/s. Anna Co- order of the EPF Appellate Tribunal. Operative Spinning Mills Ltd. vs. Employees Employees' Provident Fund Organisation, Ranchi vs. Provident Fund Appellate Tribunal and Another.2019 D.A.V. Nandraj Public School, Ranchi and Others. 2019 LLR 671 (Mad. H.C.) LLR 692 (Jhar.H.C.) When identification of employees has been made by In the absence of mens rea, a mandatory requirement, the EPF Authority, the EPF dues deposited have to be imposition of damages by EPF Authority upon the credited to the account of the respective beneficiaries. employer-establishment is not sustainable. Bihar College of Pharmacy vs. The Employees Confident Security Agency & Anr.vs. Union of India & Provident Fund Appellate Tribunal and Others. 2019 Ors. 2019 LLR 695 (Cal. H.C.) LLR 674 (Pat. H.C.) Pension to an employee is to be paid to the employee Once admitted the employment of 20 employees by as per clause 11, 16A and 17A of the Pension Scheme the school principle having sent the coverage l1995, calculated on actual salary and not on salary proforma cannot be denied later on. cap of Rs. 6500 per month. Ram Krishna Residential High School vs. The Regional R. Veeraswamy vs. The Regional Provident Fund Provident Fund Commissioner and Others. 2019 LLR 676 Commissioner.2019 LLR 698 (Mad. H.C.) (Pat. H.C.) The partners of a firm responsible for conducting Operation of the Order passed by EPF Authority under business of the firm may face criminal prosecution on provisions of EPF Act, may be stayed depending upon account of non-filing of statutory and mandatory the facts of the case and when the Appellate Tribunal returns within prescribed limitation. for disposal of appeal is not functioning. M/s. Qualcomm India Private Limited vs. The Regional Ashok Mehra vs. Enforcement Officer, Employees Provident Fund Commissioner-1, Bangluru. 2019 LLR 701 Provident Fund Organization. 2019 LLR 678 (P&H H.C.) (Kar.H.C.) Only on the basis of report of Enforcement Officer, An establishment will not fall under the category of applicability of the Act upon the apprentices without "exempted establishment" till a specific order is recording evidence of the concerned apprentices is passed by the appropriate authority in this respect. not proper.

www.businessmanager.in 41 BUSINESS MANAGER | FEBRUARY 2020 Employees Provident Fund Organisation vs. Authority despite sufficient opportunity granted, nor Employees Provident Fund Appellate Tribunal, New advanced arguments before EPF Appellate Authority, no Delhi & Ors. 2019 LLR 703 (All. H.C.) leniency could be shown to him in writ petition. A person is an employee, coverable under Section 2 (f) Mr. G. Mastanaiah, Contractor vs. The Employees of the EPF Act, if he does some work which is ancillary, Provident Fund Organisation. 2019 LLR 209 (Kar.H.C.) incidental or has relevance to, or a link with the object Though the Act does not employ expression "Undue of the establishment. hardship", however discretion by tribunal cannot be M/s. Makkar Medical Centre vs. Govt. of India Thru arbitrary or whimsical or unguided in respect of waiver of Secy. Labour & Anr.2019 LLR 704 (All. H.C.) pre-deposit condition before appeal under Section 7-O of Rejection of condonation of employer's absence on the EPF Act. one day is not appropriate when the employer had Gondwana Engineering Private Limited vs. Assistant been appearing in past on all dates. Provident Fund Commissioner, Provident Fund Alona Silks and Others vs. Enforcement Officer, Organisation. 2019 LLR 210 (Bom. H.C.) Employees Provident Fund Organisation & Anr. 2019 Compliance of condition of pre-deposit under Section 7-O LLR 705 (Ker.H.C.) of the EPF Act is mandatory. Recovery of EPF contributions pending decision in M/s. TIMES Press Pvt. (DEFUNC) vs. The respect of challenge to the notifications/circulars Provident Fund Appellate Tribunal & Anr. 2019 issued by the Department by filing writ petition, by LLR 212 (Delhi H.C.) way of attachment of bank account or otherwise, is EPF dues may be recovered in installments because of not appropriate. dire financial straits. M/s. Honda Access India Private Limited vs. Union of N.P. Construction vs. Employees Provident Fund India and 3 Others. 2019 LLR 706 (All. H.C.) Organisation and Others. 2019 LLR 213 (Jhar.H.C.); K.A. Levy of damages under Section 14-B of the EPF Act, Gopinathan and Others vs. Employees Provident Fund 1952, without establishing mens rea/actus reus on the Commissioner and Others. 2019 LLR 217 (Ker.H.C.) part of employer is not sustainable. Before disposal of application filed under Section 7B of Central Board of Trustees vs. Dentsu Marcom Pvt. the EPF Act, 1952, recovery proceedings are not Ltd. 2019 LLR 181 (Delhi H.C.) sustainable. It is for the employer to produce records for M/s. Cobra Industrial Security Force (I) Ltd. vs. identification of beneficiaries. Employees Provident Fund Organisation and Another. M/s. Vardhaman Construction vs. Regional Provident 2019 LLR 216 (Jhar.H.C.) Fund Commissioner-II, Akola. 2019 LLR 183 (Bom. H.C.) EPF dues may be recovered in installments because of Show cause notice issued by PF Authority cannot be acute financial crisis. challenged through writ. Dr. C, Bharath Chandran vs. The Regional Provident PGIMER vs. Regional Provident Fund Commissioner- Fund Commissioner.2019 LLR 218 (Ker.H.C.) I, Chandigarh. 2019 LLR 186 (P&H H.C.) When stay of recovery order is already granted in other Applicability of the Act cannot be determined under cases, the same relief granted in another similar case is Section 7-A of the Act, where only determination of justified. quantification of contribution is done. M/s. Seva Switch Gear Pvt. Ltd. vs. The Assistant The Regional Provident Fund Commissioner-II vs. Provident Fund Commissioner (C&R), Benguluru. 2019 LLR 219 (Kar.H.C.)

- IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT The Employees Provident Fund Appellate Tribunal and Another.2019 LLR 188 (P&H H.C.) When in one unit at Jabalpur of the same By the amendment under para 72(6) of EPF Scheme with management the Supreme Court has made the effect from 11.11.2016, the employee is entitled for interest applicability of the Employees' Provident Funds and on the amount lying to his credit in inoperative account. Miscellaneous Provisions Act, 1952 effective prospectively from 01.04.1999, as justified, the M.V. Ramakrishnan vs. The Provident Fund applicability of the Act in another at Muzaffarpur to Commissioner.2019 LLR 190 (Mad. H.C.) be effective from 01.04.1999 is justified. Trainee Nurses are not 'employees' under EPF Act, Central Board of Trustees, EPFO vs. M/s. Mahila attracting of contributions by the establishment Grih Udyog Lijjat Papad, Muzaffarpur.2019 LLR 220 providing them training. (Pat. H.C.) COVER FEATURE COVER Sivagiri Sree Narayana Medical Mission Hospital When contractor is having its own PF code No., principal Varkala vs. Regional Provident Fund Commissioner. employer cannot be directed for compliance in respect of 2019 LLR 193 (Ker.H.C.) contributions deposit of contract labour in its EPF Trust. Process of enquiry under Section 7-A cannot be stalled Bharat Heavy Electricals Ltd. vs. Regional Provident under writ jurisdiction. Fund Commissioner-II (Exemption) and Ors. 2019 LLR Updater Services Pvt. Ltd. vs. Regional Assistant 307 (Delhi H.C.) Provident Fund Commissioner.2019 LLR 203 (Mad. H.C.) When the appellate authority set aside the order of PF Delay beyond the prescribed limitation in filing of appeal Authority and reduced the damages levied by him, against the order of the EPF Authority is not condonable. which was further challenged by central board of EPF, M/s. Thrupathi Enterprises vs. The Assistant Provident the matter should go back to PF authority for deciding Fund Commissioner.2019 LLR 207 (Kar.H.C.) afresh after recording evidence and reasons. When the contractor neither appeared before EPF The Central Board of Trustees EPF vs. M/s. Wasp Pumps Pvt. Ltd. 2019 LLR 309 (Bom. H.C.)

www.businessmanager.in 42 BUSINESS MANAGER | FEBRUARY 2020 Challenging show cause notice for participation in the or reduce the pre-deposit of 75% of the determined enquiry by filing writ petition is not maintainable. amount as provided under Section 7-O of the Act, by SIFY Technologies Ltd. vs. Regional Provident Fund passing a speaking order recording reasons thereto. Commissioner-1. 2019 LLR 311 (Mad. H.C.) The Assistant Provident Fund Commissioner, An employer facing financial crisis may be allowed to Tirunelveli vs. The Presiding Officer, EPF Appellate remit the EPF dues in installments. Tribunal, New Delhi & Anr.2019 LLR 353 (Mad. H.C.) M/s. Chowel India Private Limited vs. The Regional The EPF Appellate Tribunal ought not to have passed Provident Fund Commissioner-II, Chennai. 2019 LLR 315 another order deciding the same appeal. (Mad. H.C.) Central Board of Trustees (EPF) vs. M/s. Nancy Challenge to show cause notice by PF authority under Krafts. 2019 LLR 445 (Delhi H.C.) Sec. 7-A is not maintainable. If the judgment of which review petition is sought Renault Nissan Technology & Business Centre India does not suffer from any error apparent warranted its Pvt. Ltd. vs. Regional Provident Fund Commissioner-II consideration, review petition would not sustain.

(C&R), Chennai. 2019 LLR 317 (Mad. H.C.) Smt. Vijay Baijal vs. Regional Provident Fund COVER FEATURE Limitation, within which an application or appeal is to Commissioner,Jaipur.2019 LLR 447 (Raj. H.C.) be filed against any order, is to be calculated from the Recovery of EPF dues cannot be made without date of receipt of that order and not from the date of initiating 7-A proceedings. that order. M/s. Usha Martin Ltd. vs. Employees Provident Fund Pratik Educational and Welfare Trust and Another vs. Organization. 2019 LLR 449 (Jhar.H.C.) Employees Provident Fund Organisation. 2019 LLR 321 Writ petition challenging the order of the EPF (Pat. H.C.) Authority is maintainable if the concerned EPF Power of authority to attach the property of Tribunal is not having Presiding Officer. defaulting employer is not absolute under EPF Act.

M/s. The Church of South India vs. The EPF - IMPORTANT LABOUR JUDGMENTS - 2019 Mariswamy Sharavathi Gas Services vs. The Organisation etc. 2019 LLR 452 (Kar.H.C.) Regional Provident Fund Commissioner & Anr. 2019 Damages cannot be effected without establishing the LLR 322 (Kar.H.C.) element of intention and deliberate delay on the part of When outsourced employees are paid directly by the employer. principal employer, they will be treated employees of Assistant Provident Fund Commissioner vs. M/s. the principal employer under EPF Act for compliance. Mohanti English Medium School & Anr. 2019 LLR 453 Partha Sarathi Saha (Proprietor of Sri Krishna (Chht.garh H.C.) Automobiles) vs. Assistant Provident Fund Commissioner. Remittance of EPF dues in instalments on account of 2019 LLR 325 (Delhi H.C.) financial crisis is permissible being realistic in regard Bank is not under any legal obligation to hold the to the practical difficulties since entire crops were amount of the employer when statutory appeal is destroyed by the flood. pending before the EPF Appellate Tribunal. Elstone Tea Estate vs. The Regional Provident Fund M/s. Decathlon Sports India Private Limited vs. The Commissioner,Kerala. 2019 LLR 454 (Ker.H.C.) Regional Provident Fund Commissioner-I, Bengaluru Without ascertaining willful and deliberate delay on and Another.2019 LLR 334 (Kar.H.C.) the part of employer while depositing EPF dues, the Coverage of an establishment under the EPF Act on the imposition of damages is not justified by the EPF basis of certain documents obtained from third party Authority. neither shown nor given proper opportunity of hearing Employees' Provident Fund Organisation Kozhikode by supplying copies of such relevant documents to the vs. Bhagwati Textiles Ltd. and Another. 2019 LLR 455 establishment to be covered is not sustainable since (Ker.H.C.) such an act of the EPF Authority is breach of principles of natural justice. An order passed by incompetent authority is not sustainable. Regional P.F. Commissioner, Ranchi vs. M/S. Madhusthalividya Peeth, Deoghar. 2019 LLR 336 Indus Motor Company Private Limited vs. Employees' (Jhar.H.C.) Provident Fund Organization etc. 2019 LLR 456 (Ker.H.C.) Assessment of EPF dues by EPF Authority under Section 7- Order, without considering documents submitted by A of the Act without identification of beneficiaries not employer, cannot be sustained. sustainable. N. Krishnan (Died) and Others vs. The Employees M/s. Topline Associates vs. The Assistant Provident Provident Fund Appellant Tribunal, New Delhi. 2019 Fund Commissioner.2019 LLR 337 (Mad. H.C.) LLR 461 (Mad. H.C.) When the proceedings are initiated after 12 years in An order passed by the Tribunal thereby reducing the respect of contract labours, PF authority is bound to pre-deposit of 75% as per Section 7-0 of the make sincere efforts to identify the real beneficiaries Employees, Provident Funds and Miscellaneous and summon contractors before thrusting the liability Provisions Act, 1952, of the determined amount to on principal employer. 40% without recording reasons thereof is not sustainable. Central Board of Trustees vs. M/s. Standing Conference of Public Enterprises (Scope). 2019 LLR 346 Rohlig India Pvt. Ltd. vs. Assistant Provident Fund (Delhi H.C.) Commissioner,EPFO, Chennai. 2019 LLR 462 (Mad. H.C.) The EPF Appellate Tribunal is empowered to waive of EPF Authority has to supply copies of the documents as required by the employer which are in its

www.businessmanager.in 43 BUSINESS MANAGER | FEBRUARY 2020 possession within a reasonable time and within Banker being secured creditor of defaulter-employer prescribed limitation. would be 'deemed defaulter' as per Section 8-F of the M/s. Satyam College of Engineering & Technology vs. EPF Act, 1952 and liable to pay EPF dues on behalf of Assistant Provident Fund Commissioner, Nagercoil. 2019 defaulter-employer to the extent of amount lying in LLR 463 (Mad. H.C).) its possession in the account of the defaulter- Only on the ground of absence of mens rea, order for employer. imposition of damages is not liable to be dismissed Indian Bank and Anr. vs. Employees' Provident Fund when liability under section 7A of the Act is not in Commissioner and Ors. 2019 LLR 575 (Delhi H.C.) dispute. Without determination of EPF dues under Section 7A M/s. D.R. Textiles and Garments vs. The Assistant of 14B of the Act, the Authority cannot invoke power Provident Fund Commissioner,Kanyakumari. 2019 LLR under Section 8-F of the Act for effecting any recovery 464 (Mad. H.C.) although the scope of the Act is of beneficial in nature. Under Section 7-O of the EPF Act, 1952, the EPF M/s. Hindustan Copper Limited vs. The Regional Appellate Tribunal is empowered to waive of or reduce Provident Fund Commissioner, Jamshedpur. 2019 LLR the pre-deposit of 75% of the determined amount by 576 (Jhar.H.C.) passing a speaking order recording reasons thereto. Legal heirs on expiry of defaulting employer are liable M/s. Young Brand Apparel Pvt. Ltd. vs. The Regional to pay outstanding EPF dues. Provident Fund Commissioner, Vellore. 2019 LLR 464 Md. Nehal Ahmad and Another vs. Employees' Provident (Mad. H.C.) Fund through its Regional Provident Fund EPF Authority has no locus to challenge the validity of Commissioner,Ranchi & Others. 2019 LLR 582 (Jhar.H.C.) an order passed by Tribunal after an unexplained Writ Court is empowered to direct the EPF Authority delay of over one year. not to take coercive steps for recovery of the EPF dues The Regional Provident Fund Commissioner vs. till final decision in the enquiry by giving fair and Hindustan Zinc Limited. 2019 LLR 466 (Raj. H.C.) reasonable opportunity of filing objections and Issue of mens rea is determinative factor for deciding hearing when there is imminent threat to the quantum of damages. employer during enquiry proceedings. Mangalam Publications (India) Pvt. Ltd. vs. The Dentsu Marcom Pvt. Ltd. vs. Central Board of Employees' Provident Fund Organization & Another.2019 Trustees, Through Assistant P.F. Commissioner Delhi LLR 583 (Ker.H.C.) (South). 2019 LLR 469 (Delhi H.C.) EPF Authority under Section 7-A of the Act, is required Practice of entertaining oral applications for grant of to examine issues in objective manner at least with interim order be deprecated. Similarly grant of stay of regard to number of persons employed for impugned order on oral submission be deprecated. applicability of the Act. Nav Bharat Press Private Limited, Bhopal vs. Employees' Provident Fund Organisation. 2019 LLR Assistant Provident Fund Commissioner, Patna vs. 585 (M.P.H.C.) M/s. Sri Satya Vidya Vihar.2019 LLR 552 (Pat. H.C.) Employer is entitled to cross-examine the department Writ petition not maintainable when alternate remedy witness/officer who conducted inspection on the basis of appeal is available. of which amount was computed. Ajit Associates Architectural Consultants Pvt. Ltd. vs. M/s. Srinivasan Associates Private Limited vs. The Regional The Assistant Commissioner of Provident Fund, Provident Fund Commissioner-II, Coimbatore. 2019 LLR 586 Ernakulam. 2019 LLR 553 (Ker.H.C.) - IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT (Mad.H.C.) With reference to Section 80A of Co-operative Both the employees of the exempted and unexempted Societies Act (Kerala) 1969, Section 6A of EPF Act will establishments are entitled to the benefit of enhanced not exclude an establishment from all other schemes pension on the basis of their contribution with automatically except pension scheme. reference to actual salary received by them to their Calicut City Service Co-operative Bank Ltd. vs. Employees Provident Fund accounts. As regards exempted Provident Fund Organisation. 2019 LLR 554 (Ker.H.C.) establishment, the question of exercising option Pending application for waiver/reduction of pre- under para 26 (6) of PF Scheme does not arise as these deposit amount for admission of appeal, action for establishments have their own PF Scheme managed recovery of determined amount is not appropriate. by their own private Trust. COVER FEATURE COVER Dhoot Developers Private Limited (JV) Bengal Silver ONGC Retired Employees Welfare Associations vs. Spring Project Limited vs. Employees Provident Fund Union of India and Others. 2019 LLR 589 (Mad. H.C.) Organisation. 2019 LLR 557 (P&H H.C.) When the EPF contribution deposited in time in Employees Pension (Amendment) Scheme 2014 about notified bank but reached late to EPFO, It is between reduction in pension by altering pensionable salary is EPFO and the notified bank. Employer cannot be ultra vires. punished for the delay. P.Sasikumar vs. Union of India and Others. 2019 LLR Uttar Bihar Gramin Bank vs. Union of India. 2019 558 (Ker.H.C.) (163) FLR 1017 (Pat. H.C.) Appellate tribunal has no inherent power to condone delay beyond 60+60 days. Employees’ Pension Scheme Central Board of Trustees through Regional Provident Fund Commissioner vs. Vajra Golden Lion Notification dated 22.8.2014 deleting clause 11(3) of Canteen. 2019 LLR 572 (P&H H.C.) the scheme would not apply in case of existing

www.businessmanager.in 44 BUSINESS MANAGER | FEBRUARY 2020 employees already member of the scheme. M/s. Anil Chat Bhandar vs. Deputy Regional Director, Khetri Tamba Sevanirvart Karamchari Association Employees' State Insurance Corporation & Anr. 2019 vs. Union of India. 2019 LLR 323 (Raj. H.C.) LLR 640 (Bom. H.C.) Conveyance allowance is part of wages if paid on uniform basis irrespective of the fact whether E.S.I. employee incurred expenses on journey. Director of a company receiving salary from the The Employees State Insurance Corporation vs. M/s. company would fall within the definition of Employee Universal Medikit Pvt. Ltd. 2019 LLR 641 (Bom. H.C.) under ESI Act. Employees working within compound of establishment or outside, if carrying the work of Employees' State Insurance Corporation vs. Venus establishment, would be covered under the E.S.I. Act. Alloy Pvt. Ltd. 2019 LLR 237 (S.C.) Employer should seek appellate remedy against the Ramsons Consultancy Services Pvt. Ltd. vs. Regional order of authority under Section 45-A in normal Director, ESI Corporation. 2019 LLR 648; 2019 FLR course. (161) 555 (Guj. H.C.) COVER FEATURE Payment of interest on delayed contributions is M/s. Bombay Intelligence Security India Ltd. vs. mandatory and cannot be waived off even in the case of Union of India and Others. 2019 LLR 1184 (Delhi H.C.) sick industry. Employer has to go in statutory appeal first against the order of the E.S.I. authority and not directly in High Court M/s. Shree Ganesar Textile Mills Ltd. vs. Asstt. through writ. Director, Employees State Insurance Corporation, Hubli and Another.2019 LLR 149 (Kar.H.C.) Visvesvaraya Iron & Steel Plant (Unit of Steel When ESI contributions are regularly paid, accident is Authority of India) vs. Employees State Insurance admitted and no objection was raised by ESIC before Corporation & Anr.2019 LLR 1017 (Kar.H.C.) the court, employee is entitled to medical

ESI Court is empowered to grant interim relief under reimbursement claim. - IMPORTANT LABOUR JUDGMENTS - 2019 Section 75(B) of E.S.I. Act, 1948, subject to certain conditions depending upon fact's and circumstances Employees State Insurance Corporation vs. M. of the case. Thimmaiah. 2019 LLR 151 (Kar.H.C.) When survey report of the inspector about employing Gayatri Chetna Kendra and Another vs. Employees' State and found working 20 employees in the Insurance Corporation and Another. 2019 LLR 844 (Cal. H.C.) establishment is not proved, notice of demand by ESI Workers once found more than 10 working in the is liable to be declared as null and void. premises of the employer would attract the applicability of the E.S.I. Act irrespective of the fact Employees' State Insurance Corporation vs. Radha that workers were of contractors or not. Krishan Prakashan Pvt. Ltd. 2019 LLR 271 (Delhi H.C.) Travelling and conveyance allowances are not wages Regional Director, Employees State Insurance under ESI Act. Corporation vs. Singh Engineering Works, Bhilai and Another.2019 LLR 719 (Chht.garh H.C.) Deputy Regional Director,Employees' State Insurance When an employee goes outside factory premises for Corporation vs. Management of the Lakshmi Mills lunch and while returning to company if he met with Company Ltd. 2019 LLR 381; 2019 FLR (163) 16 Summary of cases (Mad. H.C.) an accident that accident, would be taken as accident not during the course of employment. Appealable order under Section 45-AA of E.S.I. Act without exhausting the remedy, cannot be challenged Regional Director, E.S.I.C., Pondicherry vs. through writ. Chinnathambi. 2019 LLR 724 (Mad. H.C.) An order passed under Section 45-A without giving Rani Fatima Muslim Welfare Trust vs. Employees' State Insurance Corporation & Ors. 2019 LLR 383 (Pat. H.C.) sufficient time to the employer and without considering the documents on record, is not For determining the contribution after registration of sustainable. the establishment, ESIC has to grant an opportunity of hearing. M/s. Kashinath and Sons vs. Employees State Insurance Corporation and Another. 2019 LLR 607 Rameshchandra Madanlal Agrawal vs. Employees' State (Chht.garh H.C.) Insurance Corporation & Anr.2019 LLR 397 (Bom. H.C.) Action under Section 45G (3) (x) of the Act is required For deciding the liability of ESI contribution in respect only after service of proper notice providing adequate of expenses on different heads, precedent law is the and sufficient time to the petitioner. guiding factor and court has to see whether the functions being discharged by concerned employee M/s. Bihar Foundry and Castings Ltd. vs. Employees were co-relating with the role of immediate employer State Insurance Corporation, Ranchi and Others. 2019 and has direct nexus with the establishment. LLR 639; 2019 (161) FLR 335 (Jhar.H.C.) Second proviso to Section 45-A (1) of the Act says that M/s. Rajasthan Patrika Pvt. Ltd. Jodhpur vs. Regional the said proviso would restrict the power of the Director,E.S.I.C. 2019 (163) FLR 972 (Raj. H.C.) Corporation for determination of contribution for a period of five years from the date it became applicable Ex-parte Award and not beyond that and it cannot mean that if five years time lapses, no order can be passed under Ex-parte award is liable to be set aside when the party did Section 45-A of the Act. not get opportunity to contest the reference of dispute.

www.businessmanager.in 45 BUSINESS MANAGER | FEBRUARY 2020 Bundi Zila Petrol Pump Dealers Association, Bundi Unnikrishnan, Occupier of M/s. AVN Ayurveda vs. Sanjoyak Bundi Zila Petrol Pump Mazdoor Sangh Formulation Pvt. Ltd., Madurai District. 2019 LLR (B.M.S.). 2019 LLR 827 (S.C.) 864 (Mad. H.C.) Ex-parte award to be set aside and remanded back for The time required for obtaining sanction for filing fresh adjudication when workman was not given criminal complaint before Magistrate would be appropriate opportunity to represent. excluded for counting the limitation period of three Ramjivan Gupta vs. M/s. Jagran Prakashan Ltd. and months. Others. 2019 LLR 1193 (Delhi H.C.) M/S. Changer Vidut Kranti Pvt. Ltd. and Another vs. State Ex-parte award can be set aside by labour court even of Himachal Pradesh and Others. 2019 LLR 266 (H.P. H.C.) after publication of the award. Non-payment of overtime is an offence under M/s. Birla Corporation Ltd., Satna Cement Works vs. Factories Act for which occupier and manager can be P.O., Industrial Tribunal (1) U.P., Allahabad and prosecuted. Others. 2019 LLR 1219 (All. H.C.) Rustom G. Joshi vs. State of Maharashtra and Merely because the award becomes enforceable after Another.2019 LLR 373 (Bom. H.C.) 30 days of its publication, labour court does not become functus officio. Still ex-parte award can be set aside. Fixed Term Employment M/s. Orient Craft Ltd. vs. Presiding Officer,Labour Court Employee on fixed term basis can be terminated with (I), Ghaziabad and Another.2019 LLR 833 (All. H.C.) or without notice as per his terms of appointment. An ex-parte award is liable to be set aside by moving Rajasthan State Roadways Corporation vs. an application even after the award had become Paramjeet Singh. 2019 LLR 945 (S.C.) enforceable after publication if a party is able to show sufficient cause within a reasonable time for its non- appearance in Labour Court when it was proceeded Gainful Employment ex-parte. When a workman was making payment of loan Rohtash vs. Presiding Officer, Industrial Tribunal- installments, it would be presumed that he is cum-Labour Court, Panipat and Another. 2019 LLR gainfully employed. 764 (P&H H.C.) Bhakra Beas Management Board vs. Ranbir Singh and Anr.2019 LLR 1317 (P&H H.C.) Factories Act By taking a plea statement of claim and oral statement by way of affidavit on oath, is a sufficient Electronic data processing unit or a computer unit is evidence by the workman to prove his 'non-gainful not a factory under Factories Act. employment'. Rajiv Kaul vs. Government of Tamil Nadu Rep. by Pradhan Baijnath Tea Estate Mazdoor Sangh vs. Inspector of Factories. 2019 LLR 1203 (Mad. H.C.) State of Himachal Pradesh and Others. 2019 LLR When the accident took place due to negligence of 1239 (H.P.H.C.) workman and not due to failure of employer to provide any safety equipment, complaint against occupier is liable to be quashed. Gratuity

- IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT Sri Aristides Protonotarios (Major) and Another vs. Gramin Dak Sewaks being part time employee State of Karnataka. 2019 LLR 1215 (Kar.H.C.) outside the civil service of government are governed Sales office does not fall under the definition of by their rules of 2011 which provide that no gratuity factory under the Factories Act. is payable when resign from service, hence not R. Seshasayee vs. Dy. Chief Inspector of Factories, entitled to gratuity under the act. Tiruvallur.2019 LLR 1230; 2019 (162) FLR 959 (Mad. H.C.) Senior Superintendent of Posts Officer vs. For prosecution under factories act, necessary Gurusewak Singh & Ors. 2019 II CLR 419; 2019 LLR sanction from competent authority is mandatory 1011 (S.C.) without which complaint is liable to be quashed. When employee is employed for more than 5 years, S. Padmanabhan vs. Dy. Director, Industrial Safety plea of employer that the employee abandoned the COVER FEATURE COVER and Health-I, Chennai. 2019 LLR 838 (Mad. H.C.) service time and again during the period, thus not A person may be tried for offences punishable under qualifying for gratuity without any documentary the Factories Act, 1948 as well as under the I.P.C. evidence is not acceptable. separately for the same incident. M/s. Contentra Technologies (India) Pvt. Ltd. vs. P.K. Tailang vs. State of Chhattisgarh Through Nikhil Pal. 2019 LLR 1306 (Delhi H.C.) Superintendent of Police, Durg (C.G.). 2019 LLR 848 The number of employees is to be taken from the (Chht.garh H.C.) employees working and not from sanctioned strength Non-compliance of precautionary measures is an of employees or capacity of establishment to engage offence punishable under the Factories Act, 1948. employees for applicability of the Act. Factory Inspector's report is not to be vitiated simply Madhusoodanan Nair vs. State of Kerala. 2019 LLR because he did not take assistance of fire expert 1312 (Ker.H.C.) while inspecting the spot. The Payment of Gratuity Act is applicable to the State Rep. by Public Prosecutor vs. N.V. employee of nagar nigam/local bodies.

www.businessmanager.in 46 BUSINESS MANAGER | FEBRUARY 2020 Nagar Ayukt, Nagar Nigam Kanpur vs. Gokaran Forfeiture of gratuity is permissible only if the Parsad. 2019 (163) FLR 818 (All. H.C.) misconduct constitutes offence involving moral For the purpose of calculation of gratuity under the turpitude and the employee has been convicted by Payment of Gratuity Act, 1972, service of an employee is court. to be taken from the date of his appointment till the date Rajiv Saxena vs. Chief General Manager & Others. of his superannuation including any interrupted service if 2019 LLR 124 (Delhi H.C.) the same is not due to any fault on his part in view of Appeal beyond 120 days after condoning 60 days Section 25-B (1) of the Industrial Disputes Act, 1947. delay, will not be maintainable. M.P.Housing and Infrastructure Development Board, State of MP vs. FATTA S/O Kana. 2019 LLR 165 Bhopal vs. Controlling Authority-Cum-Assistant (M.P.H.C.) Labour Commissioner, Bhopal and others. 2019 LLR 1213 (M.P.H.C.) Interest upon delayed payment of gratuity is not payable if the delay is made by the claimant himself. When charge-sheet does not show any financial loss caused to the employer, gratuity cannot be withheld Leeladhar Puria vs. General Manager, Western and forfeited. Coalfileds Ltd. & Others. 2019 LLR 172 (M.P.H. C.) COVER FEATURE Non-payment of gratuity is wrong on the part of Sarva Haryana Gramin Bank (SHGB) vs. Rajpal Singh Sangwan. 2019 LLR 1082 (P&H H.C.) employer, so delay in raising claim will have no adverse impact on employee. Before withholding and forfeiting the gratuity employer has to find specific quantum of loss caused by The Punjab State Cooperative Supply and Marketing the employee. Federation Ltd. vs. Appellate Authority under Payment of Gratuity Act and Others. 2019 LLR 232 (P&H H.C.) Gayatri Prasad Singh vs. F.C.I. and Others. 2019 LLR Pending industrial dispute of workmen regarding age 1084 (P&H H.C.) of superannuation will have no justification for the Applicability of Section 2-A of the Act is retrospective employer to withhold the gratuity. Unless order of the and not prospective. controlling authority is set aside, challenge to the - IMPORTANT LABOUR JUDGMENTS - 2019 Hope Ttextiles Ltd. vs. Hariprasad. 2019 LLR 1089 (M.P. H.C.) recovery order of collector is not maintainable. Any delay in filing appeal beyond 120 days cannot be Golden Tabacco Limited vs. District Collector.2019 LLR condoned in any case by any authority. 233 (Guj. H.C.) The Assistant Commissioner/The Executive Officer, If the amount along with interest deposited by the Arulmigu Mariamman Temple vs. The Joint employer at the time of filing appeal is not released Commissioner of Labour/Controlling Authority immediately on rejection of the appeal, the employee under Gratuity/Act. 2019 LLR 868 (Mad. H.C.) will be entitled to compound interest at 15% per Gratuity can be forfeited to the extent of damage or annum. loss caused by him provided he is charged for the Sharda Nand Lal Das vs. The Assistant Labour offence in criminal court and charge of moral Commissioner, (Central) and Others. 2019 LLR 234 turpitude is established. (Bom. H.C.) Surendra vs. Syndicate Bank. 2019 LLR 598 (Delhi H.C.) Delay in releasing the payment of gratuity due to No recovery can be made from gratuity even if on the departmental sanction cannot be the reason to deny basis of court decree. the statutory interest. Aloke Kumar Sarkar vs. National Insurance Co. Ltd. National Institute of Fashion Technology vs. Ram and Others. 2019 LLR 641; 2019 (161) FLR 280 (Cal. H.C.) Saran. 2019 LLR 248 (Delhi H.C.) Gratuity cannot be denied on the ground of time When employer paid gratuity and interest, quashing of barred application or resignation. criminal complaint against employer under Sec. 482 of IPC would be justified. Baddi University of Emerging Sciences & Technology vs. Joint Labour Commissioner-cum-Appellate Whirlpool of India Ltd. and Others vs. The State of Authority & Others. 2019 LLR 642 (H.P.H.C.) Bihar and Ors. 2019 LLR 259 (Pat. H.C.) Forfeiture of gratuity not justified when employer Denial of gratuity on account of non-vacating of neither intimated the employee nor disclosed the Company's land allotted to employee for residence is reasons thereof. not justified. The Chairman and Managing Director, Indian Bank & Manager, Harisons Malayalam Limited vs. Vasantha Another vs. M.D. Chandrashekar.2019 LLR 643 (Kar.H.C.) and Others. 2019 LLR 263 (Ker.H.C.) Order of the controlling authority cannot be An employee is entitled to get gratuity under the challenged directly before high court without Payment of Gratuity Act, 1972, on the basis of pay exhausting remedy of appeal. which he was actually receiving including interim increases. The Chairman, Madhya Bihar Gramin Bank (Now known as Dakshin Bihar Gramin Bank) vs. The Union Managing Director, Maharashtra State Farming of India & Others. 2019 LLR 644 (Pat. H.C.) Corporation vs. Ananda Sitaram Patil. 2019 LLR 272 Appeal filed beyond the time limit of 120 days cannot (Bom. H.C.) be condoned by even high court. Forfeiture of gratuity by employer without affording an opportunity to employee of hearing would be illegal. Senior Regional Manager, T.N. Civil Supplies Corporation, Thanjavur vs. Joint Commissioner of S.P. Maheshwari vs. Secretary, Canara Bank Labour, Trichy and Others. 2019 LLR 648; 2019 FLR Employees Gratuity Fund and Others. 2019 LLR 295 (161) 392 (Mad. H.C.) (Uttar.H.C.)

www.businessmanager.in 47 BUSINESS MANAGER | FEBRUARY 2020 The payment of Gratuity Act being a beneficial sustainable. legislation, provisions of delay condonation should be Prithvi Singh vs. The Executive Engineer,HPSEB Ltd. liberally construed. 2019 LLR 1236 (H.P.H.C.) E-Team Informatica India (Pvt.) Ltd. vs. Mathew M. In case of termination on the basis of report of internal George and Others. 2019 LLR 296 (Ker.H.C.) committee for the misconduct of sexual harassment, When payment of gratuity is delayed, employer is approval under 33 (2) (b) of the I.D. Act is not required. liable to pay interest and penalty on delayed payment. Court/tribunal cannot sit as appellate court to decide Punjab State Civil Supplies Corporation Ltd. vs. fairness of findings given by IC in Sexual Harassment Controlling Authority under the Payment of Gratuity matter. Act, 1972. 2019 LLR 297 (P&H H.C.) Management of Christian Medical College and Hospital If the employee is entitled to get better amount of vs. S.G. Dhamodharan. 2019 LLR 769 (Mad. H.C.) gratuity under any employment contract with the Essence of industrial dispute is dis-agreement. employer or agreement or award, he is entitled to get Existence of industrial dispute presupposes the such higher amount than the prescribed limit existence of a dispute or difference as a condition provided under the Payment of Gratuity Act. precedent. In absence of any real or substantial M/s. BQH Electric Limited vs. Pradeep Mehra. 2019 difference existing between employer & employee, LLR 300 (Delhi H.C.) there could not be said to be any industrial dispute When employer fails to pay gratuity in time limit of 30 subsisting. days, employee is also entitled to get interest on Ram Ayodhaya Parsad vs. P.O. Labour Cour.2019 (163) delayed payment. FLR 841 (All. H.C.) Chief Engineer, Bhakra Beas Management Board vs. Any industrial dispute, raised by an individual Souju Ram and others. 2019 (160) FLR 290 (H.P.H.C.) workman except removal, dismissal, termination or Daily wager is entitled to gratuity under the retrenchment without espousal by Union or by provisions of the Act. workmen of the same establishment, is not maintainable. The Executive Engineer CPWD vs. Ghanshyam Singh and Ors. 2019 LLR 367 (Delhi H.C.) Dashram Singh Bhadoriya vs. Official Liquidator, Jiwajirao Cotton Mills Ltd. 2019 LLR 853 (M.P.H.C.) Gratuity may be forfeited only to the extent of damage or loss caused by the misconduct of the employee and Transfer is not a dispute under Section 2-A of I. D. Act. loss suffered by the employer and not more than that. Reference cannot be made of such dispute under Section 2-A. Under Section 2 (k) any individual dispute Shri Surendra vs. Syndicate Bank. 2019 LLR 369 (Delhi H.C.) is not an industrial dispute till it is espoused by union Labour court judgment of calculating gratuity on or by substantial number of employees of the gross salary is liable to be set aside as gratuity is to be management. paid on basic and D.A. only. Smt. Rani Sharma and Others vs. State of Himachal Saint Xaviers High School vs. Shailaja Vishnu Pradesh and Another.2019 LLR 856 (H.P.H.C.) Deshpande. 2019 LLR 375 (Bom. H.C.) When workman did not object his termination on the Teacher being employee under Payment of Gratuity ground of not obtaining approval under Section 33 Act, is entitled to gratuity. (2)(b) of the I.D. Act, workman cannot raise this plea in Dhanalakshmi College of Engineering, Chennai vs. writ. Assistant Commissioner of Labour (Controlling M. Eshwar vs. Management of KSRTC, Bangalore. - IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT Authority Under the Payment of Gratuity Act, 1972) 2019 LLR 765 (Kar.H.C.) and Another.2019 LLR 411 (Mad. H.C.) In the absence of any Settlement or Award conferring Interest upon delayed payment of gratuity is payable right of the workman concerned one cannot succeed if the delay is not made by the claimant himself. in recovery of his dues claim u/s. 33-C(2) of the I.D. Act, The Punjab State Civil Supplies Corporation Ltd. 1947. (PUNSUP) & Another vs. The Controlling Authority Mahendra Mishra vs. Managing Director,M/s. Gluconate under the Payment of Gratuity Act, 1972-cum- Health Limited & Ors. 2019 II CLR 432 (Cal. H.C.) Assistant Labour Commissioner,Ferozepur & Another. Society rendering personal services of domestic 2019 LLR 497 (P&H H.C.) servants to it's members would not fall under

COVER FEATURE COVER industry. Industry Shantivan-II Co-Operative Housing Society vs. Manjula Govind Mahida (Smt.) and Another. 2019 A doctor running a clinic with an assistant is not covered LLR 601 (Bom. H.C.) under the definition of 'industry' under Section 2(j) of the An industrial dispute, as defined, under Section 2(k) of I.D. Act. the Industrial Disputes Act, 1947, must be a dispute Smt. Kiran Bhandari vs. M/s. Dr. O.P. Abral Clinic. between employer (s) and workman. 2019 LLR 173 (Delhi H.C.) Hindustan Coca-Cola Beverages Pvt. Ltd. vs. Secretary to the Govt. of Karnataka & Another. 2019 LLR 503 Industrial Dispute (Kar.H.C.) A worker not a member of any trade union can be An industrial dispute raised after delay of more than 2 represented by any other workman employed in the decades without satisfactory explanation thereto is not industry on basis of authorization.

www.businessmanager.in 48 BUSINESS MANAGER | FEBRUARY 2020 Pratibha Syntex Limited vs. State of M.P. 2019 (161) higher post is not maintainable under Section 33 - FLR 215; 2019 LLR 765 (M.P.H.C.) C (2) of I.D. Act. Chandra Bhal Mishra vs. State Of U.P.and Others. Industrial Disputes Act 2019 (162) FLR 994 (All. H.C.) Order of the government declaring auto When the workman in lieu of reinstatement accepted components manufacturing industry as Public the compensation, his case would not fall under Utility Service under the I.D. Act suffers from Section 25-H of I.D. Act for re-employment preference. arbitrariness hence stayed. Management of Barara Cooperative Marketing-cum- Head of AICCTU vs. State Government of Tamil Processing Society Ltd. vs. Workman Pratap Singh. 2019 Nadu. 2019 LLR 963 (Mad. H.C.) LLR 152 (S.C.) While making a reference of an industrial dispute In case of rejection of approval application under the appropriate Government has to weigh several Section 33 (2) (b) of I.D. Act workman is entitled to factors including (i) to apply its mind by referring reinstatement with full back-wages, but when in to material available on record with it; (ii) COVER FEATURE adjudication court granted only reinstatement, 50% applicability of provisions of law (iii) to consider back-wages is proper. submission of the parties and (iv) if existence of Delhi Transport Corporation vs. Inderjit. 2019 LLR employer-employee relationship and appropriate 1304 (Delhi H.C.) Government is satisfied that a case is made out, Conciliation Officer has no power to declare that the then it has to render a decision in accordance with sales executive is not covered in the definition of law. workman. Rajesh vs. Secretary, G.O.I. and Others. 2019 LLR 982 (Bom. H.C.) Shaban Ali Shaikh vs. Dy. Commissioner of Labour, Mumbai City and Others. 2019 (163) FLR 672 (Bom. H.C.) Complaint/application section 33(A) of the Whenever, the claim petition under section 33-C (2) is Industrial Disputes Act, 1947 would be - IMPORTANT LABOUR JUDGMENTS - 2019 filed, Labour Court is duty bound to consider whether maintainable only if contravention of Section 33 of the pre-existing right or the rights crystallized or in the Act is there during pendency of Conciliation existence for entertaining the petition under section proceeding. 33-C (2). In the absence of any such pre-existing right, Nawal Kishore Singh vs. The State of Bihar and no petition can be entertained. Others. 2019 LLR 605 (Pat. H.C.) Management, ST. Mary's Matriculation HR. Sec. When the claim of overtime is a disputed question School, Mettur Dam and P.O., Labour Court, Salem of fact, such claim is not maintainable under and Another.2019 (163) FLR 718 (Mad. H.C.) Section 33-C (2) of the Act. Wage increment is to depend on the profitability of the M.K. Thiyagarajan vs. Managing Director, Tamil concerned unit and not consolidated profit of all units of the Nadu Newsprint and Papers Limited, Chennai and company. Another. 2019 LLR 621 (Mad. H.C.) Management of M/s. Wipro Ltd., Tumkur vs. Wipro Mere displaying order of the Board of Directors Employees Association (AITUC), Tumkur.2019 LLR 1226 regarding reduction in age is no sufficient notice (Kar.H.C.) under Section 9-A of the Act, to the workmen. Claim of Wages under Section 33-C (2) of the Industrial Hindustan Zinc Ltd. vs. Industrial Tribunal-cum- Disputes Act, 1947, for the period when the workman Labour Court. 2019 LLR 634 (Raj. H.C.) was not given light duty considering him medically Dispute of payment of equal wages at par with not fit to perform duty of conductor, is maintainable. other similarly place drivers is not maintainable Delhi Transport Corporation vs. Vijay Kumar. 2019 under Section 33-C (2) of I.D. Act. LLR 1238 (Delhi H.C.) Vijayakumar vs. The Managing Director, Sathy In case of industrial dispute against company, Deep Pharmaceutical Ltd. 2019 LLR 644 (Kar. H.C.) director is not personally liable to pay back-wages Approval under Section 33 (2) (b) of the I.D. Act and no recovery certificate can be issued against him. rightly granted on the application of the Sanjay Bansal vs. State U.P. and Others. 2019 LLR management when workman stated that he did not 1078 (All. H.C.) want to file the reply to the application. Once it is held by the High Court that the employee Kali Kant Jha vs. M/s. Birla Textile Mills. 2019 LLR has no right to continue in the employment, the 646; 2019 Lab IC 138 (H.P.H.C.) employee cannot raise same dispute again. Labour court is competent to determine the actual Director (Finance) Bangalore Electricity Co. Ltd., amount under Section 33-C (2) of the I.D. Act where Bangalore & Ors. vs. Shivakumara vs. s/o Late the right is not disputed. Venkatashamappa. 2019 LLR 1091 (Kar.H.C.) State of Madhya Pradesh & Another vs. Dismissal after misconduct is proved will not be Gyaneshwar Singh. 2019 LLR 230 (M.P.H. C.) violative of Section 33(2) (b) of I. D. Act when there is Presumption on the basis of affidavits filed by no dispute pending. workmen cannot be drawn that the workmen had V. Muniyappa B Venkatashamy vs. Divisional worked for 240 or more days during the preceding Controller,KSRTC. 2019 LLR 1098 (Kar.H.C.) 12 calendar months. In the absence of any promotion granted, claim of Management, Cimmco Birla Ltd. vs. State of difference of wages equal to his juniors promoted on Rajasthan and Others. 2019 LLR 235 (Raj. H.C.)

www.businessmanager.in 49 BUSINESS MANAGER | FEBRUARY 2020 When the inquiry is held illegal by tribunal and Another vs. The Government of Tamil Nadu. 2019 LLR management did not prove the charges, non approval 779 (Mad. H.C.) of application under Sec. 33(2) (b) of the I.D. Act is For interim relief under Section 17-B of I.D. Act it is the justified. obligation of the workman to declare on affidavit Delhi Transport Corporation vs. Rajbir Singh. 2019 about his non employment. Factual compliance on the LLR 243 (Delhi H.C.) part of employer arises after this only. When the management circumvents the provisions of Automotive Stamping and Assembly Ltd. vs. Akhil Gujarat Section 9A of the Act by effecting change which led to General Mazdoor Sangh. 2019 LLR 136 (Guj. H.C.) involuntary resignation, it would tantamount to When workman moved belated application for retrenchment. interim relief under Sec. 17- B of I.D. Act, the relief of M/s. S. Kumars Ltd. vs. Bherulal. 2019 LLR 288 (M.P. H.C.) last drawn/minimum wages to be paid from date of Transfer of workmen is illegal, arbitrary, unjustified application and not of award. and amounting to victimization if effected without Defence Service Officers Institute vs. Ajit Singh. 2019 any exigencies of business or its administration. LLR 247 (Delhi H.C.) Management of Unimag Power Transformer Pvt. Ltd. When Labour Court concludes that alternative job vs. Umesh. 2019 LLR 435 (Kar.H.C.) offered cannot be treated as commensurate with Criminal prosecution for not complying the Labour workman's qualification and health, refusal to accept Court Award can be quashed when the matter was that job is no reason to debar the workman from settled between employer and workman and award interim relief under Section 17-B of I.D. Act. was modified. M/s. British Airways vs. Union of India & Anr. 2019 Ramchandran Jaiprakash, General Manager, Bata LLR 485 (Delhi H.C.) India Ltd. vs. The State of Bihar and Others. 2019 LLR 494 (Pat. H.C.) Inter-state Migrant Workmen In the absence of proper service of summons or notice sent by court to the employer as provided under the Act I.D. Rules is liable to set aside. In the absence of allegation in the complaint that the Nirbhai Singh and Others vs. Presiding Officer, persons against whom prosecution is launched, were in Industrial Tribunal, Patiala & Another.2019 LLR 513 charge of and responsible for conduct of business of the (P&H H.C.) company, congnizance of the complaint cannot In a proceedings under Section 33(2) (b) of I.D. Act sustained in law. tribunal is only required to find out whether Rakesh Dixit @ Ajay Kumar Dixit @ Ajay Dixit vs. State disciplinary proceedings are conducted in consonance of Jharkhand and Another.2019 LLR 1117 (Jhar.H.C.) with principles of natural justice. Tribunal cannot re- appreciate the evidence which had been laid before disciplinary authority. Loss of Confidence Nagarmal Modi Seva Sadan, Ranchi vs. Smt. Usha When a contract labour is terminated by contractor on Devi. 2019 (161) FLR 345 (Jhar.H.C.) direction principal employer for having lost his Termination though held illegal under Section 33 (2) confidence because of involvement in the incident of (b) of I.D. Act, lumpsum compensation appropriate in snatching the mobile, reinstatement cannot be granted. lieu of renistatement with back-wages because of - IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT longtime spent in litigation and constrained Gulab Singh vs. M/s. Presidium School and Another. relationship between management and workman. 2019 (163) FLR 697; 2019 LLR 956 (Delhi H.C.) Removal from service justified because of loss of Management, Daya Engineering Works (Sleeper) Ltd. confidence. vs. Workers of Daya Engineering Works. 2019 (163) FLR 961 (Pat. H.C.) Kali Kant Jha vs. M/s. Birla Textile Mills. 2019 LLR Unexplained enormous delay of 14 years in raising 646; 2019 Lab IC 138 (H.P.H.C.) dispute is doubtful and cannot be condoned merely Reinstatement cannot be granted in case of loss of on pleading innocence. confidence if bonafide. Also employer is not bound to hold enquiry in misconduct resulting into loss of Laxmi Kant Mudgal vs. Chief Wildlife Warden, K. confidence before termination. COVER FEATURE COVER National Park Bharatpur. 2019 (163) FLR 1005 (Raj.H.C.) Delhi State Civil Supply Corporation Ltd. vs. Sh. Badan Singh. 2019 LLR 1189 (Delhi H.C.) Working as ghost employee would be sufficient to looseing Interim Relief the confidence of employer. Such employee cannot be Even if termination order is held to be legal, employer reinstated. will have no right to recover the amount from North Delhi Municipal Corporation vs. Jaswant workman paid under Section 17-B of the Act. Singh. 2019 LLR 1065 (Delhi H.C.) Dilip Mani Dubey vs. M/s. SIEL Ltd. & Anr.2019 LLR When there is loss of confidence between employer 355 (S.C.) and employee, employer is not bound to hold any Interns getting stipend are not entitled to Interim enquiry and can effect discharge simpliciter. relief. Nanak Chand vs. M/s. Indian Port Association. 2019 LLR 953 (Delhi H.C.) Mettur Chemicals and Plastics Workers' Union and

www.businessmanager.in 50 BUSINESS MANAGER | FEBRUARY 2020 Awarding full back-wages to a workman who is guilty Central Warehousing Corporation vs. Madan Mohan. of having lost confidence of the management, is 2019 LLR 885 (Delhi H.C.) perverse. Habitual absence along with disobedience are grave Central Warehousing Corporation vs. Madan Mohan. and serious misconduct justifying termination. 2019 LLR 885 (Delhi H.C.) Shakuntla Devi vs. M/s. Dynamic Fashion Pvt. Ltd. & An employee terminated from his services on account Others. 2019 LLR 616 (P&H H.C.) of misappropriation of money and loss of confidence There is no strict or rigid rule for gauging gravity of of cannot be granted reinstatement. misconduct, in as much as, each case has to be State Bank of Travancore vs. Prem Singh. 2019 LLR examined on facts and circumstances. Interference by 638 (Delhi H.C.) the Writ Court does not call for. M/s. Hindalco Industires Ltd. vs. State of U.P. and 3 Maternity Benefit Act Others. 2019 LLR 522 (All. H.C.) Maternity benefits under the Act are not only for Moral Turpitude COVER FEATURE government employees but also for private establishment engaging employees on contractual To qualify as a crime involving moral turpitude for basis through contractors. such purpose, it requires both reprehensible conduct Archana vs. State of Maharashtra and Another. 2019 and scienter, whether with specific intent, LLR 1003 (Bom. H.C.) deliberateness, willfulness or recklessness. Contractual woman is also entitled to maternity The State Bank of India & Others vs. P. benefits under the Act. Soupramaniane. 2019 LLR 630 (S.C.) Jeslin Jose vs. Cochin Port Trust. 2019 LLR 262 (Ker.H.C.)

After expiry of service tenure, benefits under MRTU & PULP Act - IMPORTANT LABOUR JUDGMENTS - 2019 maternity benefit Act cannot be extended to employee. Letters of appointment, confirmation, transfer and Dr. Artiben R. Thakkar vs. Delhi Pharmaceutical termination issued in Mumbai would not confer Sciences and Research University and Another.2019 LLR territorial jurisdiction on Labour Court at Mumbai 363 (Delhi H.C.) since the employee was working at Sichlar and Lecturer on contract basis is entitled to maternity termination order was to operate at Sichlar. benefits provided under the M.B. Act. Mr. Anil Murlidharan vs. M/s. Larsen and Toubro Limited. 2019 LLR 1012 (Bom. H.C.) Dr.Neena Raizada vs. State of U.P.2019 (161) FLR 273 (All. H.C.) Once fairness of enquiry is not questioned, non examination of passengers in the enquiry does not effect legality of enquiry. Minimum Wages Khanderao vs. Divisional Traffic Suprintendent MSRT Corporation, Aurangabad. 2019 (163) FLR 907 Under minimum wages notification employees cannot (Bom. H.C.) be categorised from un-skilled to semi-skilled and to skilled on the basis of length of service. Model standing orders cannot be made applicable to the employees working in state establishments or state instrumentalities. So court cannot declare the Hindustan Sanitaryware and Industries Ltd. & Ors. state government establishment guilty of committing vs. The State of Haryana. 2019 LLR 591 (S.C.) unfair labour practice and granting permanency to Workmen of contractor engaged in bank can raise workmen. dispute of minimum wages payment before state State of Maharashtra vs. Pravin Trimbak Kulkarni. government and not the central government. 2019 III CLR 896 (Bom. H.C.) HDFC Bank Limited vs. Union of India & Ors. 2019 LLR 718 (Cal. H.C.) No Dispute Award Misconduct No dispute award passed by the Industrial Adjudicator is not sustainable if on receiving reference, order was The misconduct of talking loudly and using filthy passed for issuance of court notice in the absence of language with GM of the petrol pump, when any party and to keep on adjourning the matter again employee was not predetermined to mis-behave and and again and ultimately passing the 'no incident happened due to rush of auto riksha vehicles, dispute/claim" without any proof on record that the does not warrant dismissal. due service of notice was effected upon the workman. M/s. Associated Service Station vs. Jai Kishen Reena Pathak vs. Union of India & Ors. 2019 LLR 1237 Sharma. 2019 LLR 951 (Delhi H.C.) (Delhi H.C.) Fraudulent transaction of money for self gains causing No dispute award cannot sustain judicial scrutiny as it loss to the employer or any third party is a grave and is neither legal nor valid. serious misconduct, attracting punishment of Secretary, Chemical Employees' Union vs. Factory Manager, dismissal from service. Navbharat Fuse Company Ltd. 2019 (163) FLR 147 (M.P.H.C.)

www.businessmanager.in 51 BUSINESS MANAGER | FEBRUARY 2020 M/s. Deccan Charters Private Limited vs. Sarita Overtime Tiwari. 2019 LLR 1069 (Delhi H.C.) If the prescribed hours of work is reduced to 7-1/2 Even after issuing show cause notice to probationer hours a day, workman cannot demand overtime for but was discharged simpliciter would not be illegal. working after 7-1/2 hours to 8 hours. Tarsem Lal vs. HRTC and Others. 2019 LLR 1107 (H.P. M.K. Thiyagarajan vs. Managing Director, Tamil H.C.) Nadu Newsprint and Papers Limited, Chennai and Probationer has no right to hold a post and his Another.2019 LLR 621 (Mad. H.C.) services can be terminated at any point of time based on unsuitability. C. Ranganathan vs. Registrar General, High Court, Part-Time Employee Chennai and Others. 2019 (161) FLR 748 (Mad. H.C.) Compliance of provisions of section 25-F of the Act is Termination of services of Probationer on account of mandatory even in the case of part-time worker at the unsatisfactory performance is justified since such a time of termination of his services. termination is simpliciter in nature. Termination of State of Haryana & Ors. vs. Presiding Officer, Industrial probationary services of a workman is not Tribunal-cum-Labour Court, Ambala & Anr.2019 LLR 412 infringement of any legal right of the workman. (P&H H.C.) Narender Kumar Sharma vs. Presiding Officer, Industrial Tribunal-cum-Labour Court, Rohtak. 2019 Payment of Bonus Act LLR 384 (P&H H.C.) When the establishment may not be making profits, Protected Workman payment of minimum bonus is mandated under Section 10. A workman facing departmental enquiry or criminal J&K State Road Transport Corporation vs. Tarlochan trial can be denied status of protected workman. Singh and Others. 2019 LLR 622 (J&K H.C.) Non declaration of such workman as protected workman is not illegal. Non-payment of bonus under the Act is an industrial dispute and can be raised by the person himself Wonderla Karmika Sangh, Bengaluru vs. Assistant without any assistance from trade union against his Labour Commissioner. 2019 (163) FLR 35; 2019 LLR employer (out sourcing agency). 767 (Kar.H.C.) Mohan Lal vs. Union of India and Others. 2019 LLR When the workman is facing departmental enquiry 161 (H.P.H.C.) or a criminal trial, he can be denied the status of protected workman as per law settled by Courts. Payment of customary bonus beyond the statutory bonus under the Act is not mandatory, if it is/was a M/s. Wonderla Holidays Limited vs. Assistant fresh demand by the workmen. Labour Commissioner, Bangaluru Division-1. 2019 LLR 228 (Kar.H.C.) Pharmaceutical Chemical & Allied Employees Union vs. The Management of M/s. J.L. Morrison (India) Even though management did not grant/recognise Ltd. 2019 LLR 229 (Kar.H.C.) union office bearer as protected workman and terminated his services, since he was already Hospitals earning profits would attract the continuing as a protected workman earlier, it will be applicability of Payment of Bonus Act. deemed that he had become the protected - IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT Managing Director, Vinayaka Missions Medical workman. College And Hospital vs. Presiding Officer, Industrial Mahendra CIE Shramik Sangathan vs. State of Tribunal-cum-Labour Court, Puducherry and Uttrakhand. 2019 (163) FLR 998 (Uttar.H.C.) Another.2019 LLR 264 (Mad. H.C.) The educational institution will only be liable to loose the exemption under Section 33 (v) (b) of the Payment Punishment of Bonus Act and employees will be entitled to bonus if the dominant purpose shift from educational to If co-charge-sheeted employee accepts the charges, profit generation. indicating remorse with unqualified apology, lesser punishment to him would be justifiable. The Management of Sathyabama University vs. The COVER FEATURE COVER Presiding Officer, Industrial Tribunal, Chennai & Naresh Chandra Bhardwaj vs. Bank of India & Ors. Another.2019 LLR 727 (Mad. H.C.) 2019 LLR 630 (S.C.) When a factory is run by trust having manufacturing Punishment of dismissal from service is justified for and commercial activities, its employees are entitled the misconduct of consuming liquor while on duty. to bonus under the Payment of Bonus Act. M.L. Singla vs. Punjab National Bank and Another. Management of Worth Trust vs. Presiding Officer, Industrial 2019 LLR 224 (S.C.) Tribunal, Chennai & Another. 2019 LLR 738 (Mad. H.C.) If the punishment of dismissal awarded to employee is reduced by the appellate authority, employee would be in complete absolution of the charges Probation leading to service benefit because of retirement Probation period of an employee would be extended before the court order. until confirmed in writing if so mentioned in the Gulshan Kumar Sachdeva vs. Food Corpn. of India appointment letter. and Others. 2019 LLR 1223 (Delhi H.C.)

www.businessmanager.in 52 BUSINESS MANAGER | FEBRUARY 2020 Punishment of compulsory retirement to a workman, Vippu Spinpro Ltd. vs. Ganesh Thakre & Others. 2019 found guilty of attempting to obtain fraudulent LLR 491 (M.P.H.C.) payment of Rs. 27,745 by manipulation in section Government is liable to refer the dispute of illegal order is justified. termination of medical representative covered under Central Warehousing Corporation vs. Madan Mohan. Sales Promotion Employees Act. 2019 LLR 885 (Delhi H.C.) Amresh Kumar vs. The State of Bihar & Others. 2019 Penalty of removal from service is justified and not LLR 495 (Pat. H.C.) shockingly disproportionate for the misconduct of The issue of genuineness of contract between stealing official documents and using them against employer and contractor is to be adjudicated by the the school. Labour Court and government has to advert the Manjeet Singh vs. State of NCT of Delhi & Ors. 2019 point in a reference properly. LLR 129 (Delhi H.C.) Hindustan Coca-Cola Beverages Pvt. Ltd. vs. Punishment of termination would be improper when Secretary to the Govt. of Karnataka & Another. 2019

loss of Rs. 21 was recovered from the conductor. LLR 503 (Kar.H.C.) COVER FEATURE Reinstatement granted. Question which ought to have been referred for A. Narsimha Rao vs. Depot Manager, APSRTC, adjudication could not have been considered by Jaggaiahpeet, Krishna District & Anr. 2019 LLR 140 Deputy Labour Commissioner on his own. (Hyderabad H. C.) Government is liable to make reference of industrial dispute. Mathu and Others vs. State of U.P. and Others. 2019 Reference LLR 527 (All. H.C.) Reference of any industrial dispute is bad if the issues Appropriate government rightly declined to refer involved have already been decided by any the dispute sought to be raised after 9 years. appropriate forum since such a reference is barred by Bheemsen vs. Labour Commissioner. 2019 (161) FLR - IMPORTANT LABOUR JUDGMENTS - 2019 the principles of res judicata. 206 (H.P.H.C.) Chairman and Managing Director, The Fertilizers and Chemicals Travancore Ltd. & Anr. vs. General Secretary, FACT Employees Association & Ors. 2019 Regularisation LLR 629 (S.C.) Daily wager does not have any right for regular Government can consider prima facie the merits of services in lieu of his illegal termination. dispute and from taking other relevant considerations into account. Reference order is an administrative act State of Uttrakhand & Anr.vs. Raj Kumar.2019 LLR 357 (S.C.) and not a quasi-judicial act. Employee engaged through a Co-operative Society Steel Autority of India Ltd. vs. Union of India. 2019 by public sector undertaking for running a statutory (163) FLR 835 (All. H.C.) canteen are not entitled for absorption as Government cannot refuse to refer a dispute of a Sales permanent employees of the principal employer Manager on the ground that he was not a workman. public sector undertaking. Government has no power to adjudicate if the employee is a workman or not. Hindustan Insecticides Ltd. vs. General Secretary, Hil Canteen Employees' Union (CITU) and Others. 2019 Rahul Muzaffarpuri vs. The Union of India and LLR 302 (Ker.HC) Others. 2019 LLR 964 (Pat. H.C.) Delay and latches by itself cannot be a ground for refusing making of reference of an industrial dispute Reinstatement by the Government for adjudication. Termination of workmen in contravention of Devi Dayal vs. State of H.P. & Others. 2019 LLR 980 Sections 25-F, 25-N and 25-O of the Industrial (H.P.H.C.) Disputes Act, 1947, is illegal, justifying Provisions of Industrial Disputes Act are applicable to reinstatement with continuity of service and back minority educational institutions. There is no illegality wages. in reference made by State Government. Pradhan Baijnath Tea Estate Mazdoor Sangh vs. M/s. Ingraham Institute vs. Dy. Labour Commissioner, State of Himachal Pradesh and Others. 2019 LLR Ghaziabad and Others. 2019 (161) FLR 645 (All. H.C.) 1239 (H.P.H.C.) When the employee was terminated for Reinstatement not to be awarded when either misappropriation of money which he admitted and employer lost confidence in the employee or have deposited later on, he also demanded payment of strained relationship or employee found guilty of gratuity which was made, in such circumstances, opinion subversive or prejudicial activities or industry is of government for rejecting the reference that employee closed or become sick. was not interested in reinstatement is beyond any Nanak Chand vs. M/s. Indian Port Association. 2019 doubt. Rejecting the dispute for reference is justified. LLR 953 (Delhi H.C.) Mr.Dilip Khavnekar vs. The Conciliation Officer & Asstt. An employee is not entitled to full back wages or Labour Commissioner & Ors. 2019 LLR 268 (Bom. H.C.) reinstatement who is found involved in fraudulent Labour Court/Tribunal cannot examine the validity transaction, causing financial loss and lowering of reference. reputation of the management.

www.businessmanager.in 53 BUSINESS MANAGER | FEBRUARY 2020 Central Warehousing Corporation vs. Madan Mohan. 2019 LLR 885 (Delhi H.C.) Retrenchment When the enquiry conducted by the employer is held not fair and proper by the Labour Court, awarding Employee who has completed 240 days of reinstatement with full back-wages is justified. continuous services is entitled to protection of Hindalco Industries Limited, Renukoot vs. Presiding labour laws. If retrenchment provisions are not Officer, Labour Court, and Another. 2019 (160) FLR complied with, it will attract reinstatement with 241 (All. H.C.) back-wages. When termination is in gross violation of statutory State of Gujarat & Anr. vs. Munta Aalamkhan provisions and/or principles of natural justice or Nurbeg. 2019 LLR 1303 (S.C.) employer is guilty of victimizing the workman, then Section 25-H of the I.D. Act comes into operation directing reinstatement with full back wages is only when the employer propose to take any person justified. in the employment to fill the vacancy and UCO Bank vs. Presiding Officer,Central Government retrenched employee gets preference over the Industrial Tribunal-cum-Labour Court-II, others and not when the retrenched employee Chandigarh. 2019 LLR 506 (P&H H.C.) accepts the compensation in lieu of reinstatement awarded by the court. Management of the Barara Co-operative Marketing- Resignation cum-Processing Society Ltd. vs. Workman Pratap On the basis of resignation, when it is accepted Singh. 2019 II CLR 379 (S.C.) during notice period and his replacement is made Provisions of Section 25-F of the Industrial Disputes available by the employer, employee cannot Act, 1947 would cease to apply after abandonment withdraw the resignation. of job by the employee since her service could not be treated in continuity i.e., 'continuous services' Air India Express Limited and Ors. vs. Capt. Gurdarshan Kaur Sandhu. 2019 LLR 1128 (S.C.) after her abandonment of job. When an employee mentions the date of effective Manju Saxena vs. Union of India & Anr. 2019 LLR resignation coming in future within a period as per 223 (S.C.) stipulation in his employment contract, effective Termination without compliance of retrenchment acceptance of resignation without his wishes before provisions would be illegal. If abandonment plea is that date coming in future, amounts to really failed, it will be a case of retrenchment. enforcing a date of termination i.e., a forced Max Flow Pumps India (P) Ltd. vs. Presiding resignation. Officer, Industrial Tribunal-cum-Labour Court-III, Sanjay Jain vs. National Aviation Co. of India Ltd. Gurugram and Anr. 2019 LLR 1209 (P&H H.C.) 2019 LLR 225 (S.C.) Reinstatement with back-wages would be attracted When workman alleged that his resignation was when termination is effected without complying obtained forcefully, it is for the employer to establish retrenchment provisions. that it was not and he left the services of his own. Executive Engineer, Twad Board and Others vs. Prabhu Verma vs. D.P. Industries. 2019 LLR 711 P.O., Labour Court, Madurai and Another.2019 LLR (Delhi H.C.) 1074 (Mad. H.C.) When employee while submitting his resignation, Termination without complying retrenchment - IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT requests the employer to accept the same provisions will attract reinstatement with back- immediately, there cannot be any fault on the part of wages and other benefits. employer to accept immediately. Such resignation Shri Anil Kumar and Another vs. The Executive cannot be set to have obtained by force. Officer, Municipal Council, Dalhousie. 2019 LLR Arvind Engineers vs. Keshav Yadav and Anr. 2019 1015 (H.P.H.C.) LLR 715; 2019 (163) FLR 17 Summary of Cases (P&H Retrenchment of workmen is valid if payment of H.C.) retrenchment compensation with one month's When workman after submitting resignation, notice pay is paid on the date of retrenchment by receives and accepts full and final payment, such way of demand draft since it would be due resignation cannot be said to have obtained compliance of Section 25-F of the I.D. Act. COVER FEATURE COVER forcefully. Darshan Singh Chawla & Others vs. The State of AVTEC Limited vs. Naresh. 2019 LLR 254 (M.P.H.C.) Punjab & Another. 2019 LLR 970 (P&H H.C.) When employee accepts and received the payment In case of illegal retrenchment when other workers after resignation, such resignation cannot be said to were awarded with reinstatement with 50% back- have obtained under coercion. wages, some relief is also to be given to the aggrieved employee when he was only granted M/s. Kay International vs. Raghubir Singh. 2019 compensation in place of back-wages and LLR 361 (Delhi H.C.) reinstatement. Acceptance of resignation after receipt of withdrawal of resignation is not a valid acceptance. The Executive Engineer, PWD Public Health Division No. 2, Pataudi, Gurgaon vs. Sukhdev and Sooryakanth vs. Kerala State Financial Enterprises Another. 2019 LLR 969 (P&H H.C.) Ltd. 2019 LLR 415 (Ker.H.C.)

www.businessmanager.in 54 BUSINESS MANAGER | FEBRUARY 2020 Termination of a part time sweeper after his service Section 25F of I.D. Act would be illegal leading to for a number of years without compliance of reinstatement. Section 25-F of the Industrial Disputes Act, 1948 is Municipal Corporation, Gwalior vs. Surendra illegal. Singh Yadav. 2019 LLR 376 (M.P.H.C.) State of Haryana and Other vs. P.O., Industrial Tribunal-Cum-Labour Court, Ambala and Another. 2019 LLR 855 (P&H H.C.) Service Condition Termination of services of an employee in violation Any change in service conditions of the employee of Sections 25-F, 25-G and 25-H of the Industrial as per terms and conditions in the already issued Disputes Act, 1947 is illegal. appointment letter by way of corrigendum of office State Bank of India vs. Lalit Joshi & Ors. 2019 LLR order is not permissible. 881 (P&H H.C.) Gujarat Energy Transmission Corporation Limited Termination without compliance of retrenchment vs. K.K. Gandhi & 1 Ors. 2019 LLR 888 (Guj. H.C.)

provisions would lead to reinstatement. COVER FEATURE Administrative Officer, Municipal Corporation and Others vs. Navab Singh. 2019 LLR 761 (M.P.H.C.) Service of Notice Termination of services in violation of Service of notice would not be proper if sent on retrenchment is illegal justifying reinstatement wrong address or received back with endorsement with back wages and continuity of service. "no such person" reside at the address indicated on Executive Engineer, Provincial Division, Haryana, notice. PWD (B&R) Branch, Jhajjar vs. Pradeep Kumar General Manager, Tamilnadu State Transport and Another. 2019 LLR 617 (P&H H.C.) Corporation vs. Industrial Tribunal, Chennai and Non-compliance of principle of last come, first go Others. 2019 LLR 1076 (Mad. H.C.) while terminating the services of a workman, is - IMPORTANT LABOUR JUDGMENTS - 2019 illegal being violative of Section 25-G of the Industrial Disputes Act, 1947. Settlement State of Himachal Pradesh and Another vs. Paras Removal of services of workmen as per terms of Ram. 2019 LLR 635 (H.P.H.C.) settlement with the union by paying settled When termination is in violation of Section 25-F of amount under Section 12(3) and 18(1) of I.D. Act the Industrial Disputes Act, 1947, awarding would not be illegal. reinstatement to the workmen is appropriate. M/s. Pamwi Tissue Ltd. vs. State of Himachal The Commissioner, Rajkot Municipal Corporation Pradesh and Another. 2019 LLR 1111 (H.P.H.C.) vs. Rajesh (Raju) Jayantilal C/o J.V. Pandya. 2019 LLR 637 (Guj. H.C.) When the duration of service is very short, Sexual Harassment lumpsum compensation @ Rs. 30,000 per year of Due to non supply of preliminary enquiry report service in lieu of reinstatement is appropriate. the proceedings are not vitiated. Xen/P.W.D. (B&R), Malerkotla Sangrur and Anr.vs. Dr. P.S. Mallik vs. High Court of Delhi. 2019 (163) Presiding Officer,Industrial Tribunal, Patiala and FLR 94 (S.C.) Anr. 2019 LLR 143 (P&H H.C.) Termination after issuing charge-sheet, In the absence of any material to the effect that conducting enquiry by ICC and recommendation of termination was on expiry of contract period, such ICC would be proper and fair. termination would be deemed as retrenchment which will be illegal if not complied with the Secretary, Lucy Sequeira Trust and Another vs. provisions of I.D. Act. Kailash Ramesh Tandel and Others. 2019 LLR 999 (S.C.) Managing Director, UHBVNL Panchkula, and Others vs. P.O., Industrial Tribunal-Cum-Labour Once IC makes recommendation, there is no other Court, Rohtak and Another. 2019 LLR 147 (P&H choice, except to take action. Finding of IC cannot H.C.) be countenanced in fact and law. Tribunal cannot compel parties to adduce fresh evidence to prove If a workman has not worked continuously for 240 charges. Approach of Tribunal is invalid. IC days during preceding 12 calendar months, he is acquires special power under Act to make not entitled to seek any relief under Section 25-F of recommendation. Scope of power of IC is much the Industrial Disputes Act, 1947. wider than that of Enquiry Officer and IC has Lokendra Singh Chouhan vs. Manager, Religayer powers of Court like that of Industrial Tribunal. In Security Limited. 2019 LLR 167 (M.P.H.C.) case of dismissal due to sexual harassment, no Illegal termination without compliance of Section approval is required. 25-F of I.D. Act will attract reinstatement with Management, Christian Medical College And back-wages. Hospital vs. S.G. Dhamodharan. 2019 (162) FLR 965; The Dean, College of Horticulture and Forestry, 2019 LLR 769 (Mad. H.C.) Neri and Another. vs. Shri Sanjeev Kumari and When the woman could not disclose the names of Another. 2019 LLR 227 (H.P.H.C.) eye witnesses as per contents of complaints and Termination without complying provisions of did not disclose exist language of allegations on

www.businessmanager.in 55 BUSINESS MANAGER | FEBRUARY 2020 the ground of modesty, also when her past record X. vs. State of J&K & Anr.2019 LLR 299 (J&K H.C.) was full of negligence, ICC rightly concluded that complaint was false. Anita Suresh vs. Union of India and Others. 2019 Sit-in-Strike LLR 947; 2019 (163) FLR 693 (Delhi H.C.) Sit-in protests inside the factory premises beyond No supply of copy of finding of enquiry conducted working hours is unlawful criminal offence by Internal Complaints Committee constituted punishable under India Penal Code. under POSH Law, non supply of copy of enquiry Hindustan Motor Finance Corporation Ltd. vs. The report of IC; non-providing opportunity to Superintendent of Police and Others. 2019 LLR 869 petitioner for cross examination of complainants, (Mad. H.C.) are the factors on the basis of which enquiry finding may be vitiated. Pradeep Jeganathan vs. State of U.P. and Another. Standing Orders 2019 LLR 965 (All. H.C.) New punishment clause of "Break in Service" When earlier proceedings based on the ICC report cannot be allowed to be added in already certified is pending, no fresh inquiry can be ordered by ICC. standing orders if purpose can be achieved by Suman Saurabh vs. Internal Complaints available variety of punishments. Committee Hewlett Packard Global Soft Pvt. Ltd. Management of Sri Ramnarayan Mills Ltd. vs. 2019 LLR 975 (Kar. H.C.) Secretary, Coimbatore District Textile Workers Where service rules exist, proceedings before ICC Union (HMS) others. 2019 LLR 119 (S.C.) would not be regular enquiry. Punishment on the Model standing orders is deemed to have been in basis of ICC recommendation cannot be accepted. effect prior to certification and coming into effect Provisions of POSH Act can't be treated in of the standing orders. suppression of service rules. M/s. Gehana Gold Palace (P) Ltd. vs. Employees P.F. Debjani Sengupta vs. Institute of Cost Accountants Appellate Tribunal and Another.2019 (163) FLR 623 of India and Others. 2019 LLR 990 (Cal. H.C.) (Ker. H.C.) Enquiry of the IC where neither the copy of the Standing order having a clause of termination of complaint was supplied nor given opportunity to workman without assigning any reason by giving file response to the complaint and completed 30 days notice or wages in lieu thereof is ultra vires within 3-4 hours in one go would be against and liable to be quashed. principles of natural justice. Jeetendra Krishna Varma vs. Air India Ltd. and Mr. Tushar vs. Internal Complaints Committee & Another.2019 LLR 777; 2019 Lab IC 1623 (Bom. H.C.) Others. 2019 LLR 609 (Kar. H.C.) When a settlement was recorded in the presence of the person against whom the complainant has Strike sought redressal of her grievance seeking examination of voice samples of them by Forensic In case of strike, employer is entitled to get police Lab Expert, there is no bar if the complainant is not protection and workers are to remain 200 meters employee of the Air Force or the Internal away and restrained from causing hindrance in Committee not being of the Society but her ingress and egress of willing workers, material to - IMPORTANT LABOUR JUDGMENTS - 2019 JUDGMENTS LABOUR - IMPORTANT grievance is to be redressed for which impugned enter and exit factory premises. order as made is not having any infirmity. United Labour Federation vs. The Management of SNY Autotech Pvt. Limited. 2019 LLR 716 (Mad. H.C.) Air CMDE Tejbir Singh and Others vs. Prema Latha Sharma. 2019 LLR 613 (Kar. H.C.) A complaint to change her department is not to be Suspension Allowance treated as a complaint of sexual harassment. Dr. Kamble Ashok vs. The Vice Chancellor, It is well settled that suspension allowance is part Karnataka State Open University and Others. 2019 of wages, defined u/s. 2(i) (iv) of the Payment of LLR 615 (Kar. H.C.) Wages Act, 1936 and in view of on principles of natural justice, when the employee/workman is

COVER FEATURE COVER When the aggrieved woman communicated the suspended, while holding the disciplinary inquiry instances to the employer within limitation period for some misconduct committed by him, the but did not put before the internal complaint workman deserves to get suspension allowance, committee resulted into dismissal of complaint for the purpose of maintenance of himself and his being barred by limitation, Complaint committee dependents. should reconsider the additional document and give opportunity of hearing to both parties. Tanaji Genba Pawge, Navi Mumbai vs. Mumbai Vegetable Market Unprotected Workers Board & X vs. The District Magistrate (South) & Anr. 2019 Anr. 2019 II CLR 339 (Bom. H.C.) LLR 260; 2019 (161) FLR 677 (Delhi H.C.)

The provisions of the POSH Act are in addition to Termination and not in derogation of any other law for the time Termination of services of an employee on the being force. basis of sentence to undergo imprisonment for 3

www.businessmanager.in 56 BUSINESS MANAGER | FEBRUARY 2020 months who was released by Appellate Court on Sangthan Darrang vs. State of Assam. 2019 (161) probation is not sustainable. FLR 30 (Gau. H.C.) The State Bank of India & Others vs. P. Unrecognized or minority union has a right to meet Soupramaniane. 2019 LLR 630 (S.C.) and discuss with management and labour Termination of services of an employee is justified authority about the grievances of individual when he was offered severance package, including workman relating to service conditions. last drawn basic salary + allowances for 15 days Management of M/s. TE Connectivity India Private salary for number of completed years of service Ltd. vs. The General Secretary, TE Connectivity when he did not accept alternate position. Staff Association (TECASA) And Another. 2019 LLR 498 (Kar. H.C.) Manju Saxena vs. Union of India & Anr. 2019 LLR 223 (S.C.) Termination on the ground of involvement in a Trainee criminal case is liable to be quashed when in the punishment reduced to fine instead of conviction. Trainee cannot be included in minimum wages COVER FEATURE notification for the purpose of fixing minimum Ajaypal Singh (D) through LRs. vs. Associated wages. Cement Companies Ltd. 2019 LLR 473 (S.C.) On termination, burden of proof of employer - Hindustan Sanitaryware and Industries Ltd. & employee relationship is always upon the person Ors. vs. The State of Haryana. 2019 LLR 591 (S.C.) who sets up such plea. Rajesh Shah vs. Workmen, United Workers Transfer Associations. 2019 (163) FLR 23 Summary of Cases (Bom. H.C.) Immediate transfer of an employee because she Termination of service of the workman was illegal approached higher authority for resolving her - IMPORTANT LABOUR JUDGMENTS - 2019 since the it was effected without any enquiry. grievance constituting it as misconduct, would be malafide. M.P. Housing and Infrastructure Development Board, Bhopal vs. Controlling Authority-Cum- Smt. Veena Devi vs. Container Corporation of India Assistant Labour Commissioner, Bhopal and Ltd. (CONCOR) and Ors. 2019 LLR 1308 (Delhi H.C.) others. 2019 LLR 1213 (M.P.H.C.) Justification for challenging the transfer order will Termination not justified when charge of theft not be only after the employee joins at the place of proved against the workman neither by security transfer. Transfer will not amount to stigma if the personnel nor any other witness. employee is charge-sheeted. Klenzaids Contamination Controls Pvt. Limited vs. S. Umarani vs. Director of Town Panchayats, Vishvanathan P.K.2019 LLR 958 (Guj. H.C.) Chennai and Others. 2019 LLR 779; 2019 Lab IC 325 Termination of the employee without enquiry (Mad. H.C.) would be illegal when he was issued show cause In the absence of any agreement, employee cannot notice of forged educational certificate to which be transferred to subsidiary company having no employee submitted the reply. In such a case legal entity. enquiry is a must. M/s. Tasty Nut Industries vs. The Labour Court, State of Haryana and Others vs. Bijender Singh Tirunelveli and Another. 2019 LLR 379 (Mad. H.C.) and Another. 2019 LLR 633 (P&H H.C.) Transfer when ordered in contravention of Non production of service records by the employer rules/circular, would be illegal. would lead to adverse inference. Oral termination Amol Radhakrushna Thakare vs. Maharashtra without compliance would be illegal. State Road Transport Corporation. 2019 LLR 403 Compensation in lieu of reinstatement is proper, (Bom. H.C.) when both parties have agreed mutually. Transfer order not to be interfered with by the Director Central Sheep & Wool Research Institute & court when made on administrative grounds. Another vs. Fangu Ram. 2019 LLR 226 (H.P.H.C.) M.P. Power Transmission Company Ltd. vs. Yogendra Singh Chahar. 2019 LLR 489 (M.P.H.C.) Trade Union Employees working under contractor cannot claim Unauthorised Absence right to vote in election for recognising Trade Dismissal for unauthorized absence on medical Union. grounds would not be justified. Tata Finalay Employees Association vs. Dy. Labour North-East Karnataka Road Transport Commissioner, Ernakulam, Kochi and Others. 2019 Corporation vs. Sayed Abdul Raheem. 2019 LLR (161) FLR 974 (Ker. H.C.) 1105 (Kar. H.C.) When there is a dispute between two rival factions Dismissal for long absence after enquiry is for managing the affairs of trade union, such justified. Claim of illness found vague hence dispute can only be resolved by filing a suite rejected. before civil court. Registar of trade union has no Shanti Kaur vs. Delhi Transport Corporation and authority to direct the holding of election of union. Anr. 2019 LLR 946 (Delhi H.C.) PUB Mangal Dai, BE-Sarkari Paribahan Shramik

www.businessmanager.in 57 BUSINESS MANAGER | FEBRUARY 2020 COVER FEATURE - IMPORTANT LABOUR JUDGMENTS - 2019 enquiry isillegal. enquiry of unauthorized absence butwithoutholding Termination ofaworkman onaccount ofservices of 11years. Dismissal justifiedfor longunauthorized absence days to177days isjustified. Dismissal for unauthorized absence ranging from 5 the workers on thebasisofwage settlements Wage increase granted by theindustrialtribunal to 6-NoftheAct. ofSection benefit ofprotection relief. Insuchabsence, workman isnotentitled to he worked for 240days continuously toseek any Onus ofproof liesontheworkman toestablishthat in personalcapacity. initiated againstthecompany andnotthedirector Recovery ofback-wages andotherbenefitsistobe illegal. stoodcompleted,because theproject would be Termination 6-Nonly inviolation ofSection committing unfairlabourpractice underI.D. Act. offence' for prosecuting theemployer for cannot betermedasillegaltotaken as'criminal Transfer ofanemployee from oneplace toother law. the workman isunfairlabourpractice and badin Fictional breaks todisturbcontinuity of inservice termination would notbejustified. proving thecharge ofunauthorized absence, such years ofissuingsecond show causenotice after When termination about10 order was issuedafter .. hzaa n tes 2019LLR830 H.C.) (All. Ghaziabad andOthers. Labour Court(I), P.O. U.P., vs. Rathi Ltd. Udyog M/s. (P&H H.C.) 2019LLR984 Tribunal Ludhiana&Ors. Industrial Presiding Officer, Sikandar Singhvs. H.C.) 2019IICLR697(Jhar. 961; 2019LLR Ranchi andOrs. Dist. Corporation Ltd., HeavyEngineering Siddhi NathRanjan vs. tt fUP s huaLl 2019(163)FLR1 ChhunaLal. H.C.) (All. vs. U.P. State of 2019 H.C.) andOthers. (163) FLR659(All. U.P. Stateof Sanjay Bansal vs. H.C.) 2019 (163)FLR655(All. andAnother. U.P. Stateof Om Prakash Yadav vs. H.C.) LLR 292(Guj. 2019 Gujarat. Stateof Rolastar Limitedvs. Private H.C.) 2019LLR635(H.P. Ram. Paras Himachal Pradesh andAnothervs. State of H.C.) 2019LLR400(Bom. Ahmednagar. ZilaParishad vs. Bapu Tarachand Haral &Ors. Unfair LabourPractice Unfair Wage Increase ..ID Act I.D. U.P. www. businessmanager Courtsey Courtsey - Labour Law Reporter,FLR,CLR andLLJ - LabourLawReporter,FLR,CLR .in 58 BUSINESS management would beproper andjustified. financial capacityandprofitability ofthe executed inotherindustriesthesameregion, supervisor underI.D.supervisor Act. incidentally doessomeclericalwork also, hewillbe work but When apersonisdoingsupervisory who are absenting frequently. having powers againstemployees totake action Traffic isnotaworkman underI.D. Inspector Act of theIndustrialDisputesAct, 1947. 2(s) A trainee AMEisnotaworkman underSection India)isaworkman underI.D.(North Act. Manager ConfidentialSenior toSenior Secretary I.D. Act. managerial capacitywould notbeworkman under PromotionSales Officer whenengagedin hospitals would beworkman underI.D. Act. chemists,visiting doctors, wholesalesand the fieldtopromote company and products Person, thoughnominated asOfficer, working in outside thedefinitionofworkman underI.D. Act. with having two subordinates underhimwillfall Branch Managerdrawing Rs. 10,000permonth I.D. Act. administrative nature, hence notworkman under ofmanagerialand returns are thefunctions debitor account maintenance, preparing salestax books, reconciliation, data entry, creditor and executiveSenior accounts doingthejobofaccount workman underI.D. Act. reconciliation, salestax, VAT, would not be voucher making, salepurchase bills, bank but discharging thedutiesofvoucher entry, accountantSenior even ifhaving nosubordinate ucn nutisLd s tt fUP and U.P. H.C.) 2019LLR1129(All. Stateof Others. vs. Duncans IndustriesLtd. H.C.) 2019LLR1102(Kar. Babu Rao. Kumar s/o B.S.S. Raichur Controller, vs. Divisional 2019LLR1069(DelhiH.C.) Tiwari. Sarita DeccanCharters Limitedvs. Private M/s. 223 (S.C.) 2019LLR India&Anr. Unionof vs. Manju Saxena H.C.) 2019LLR155(M.P. and Another. M.P. Stateof AVTECFactory Manager, Limitedvs. soito n.21 L 0 MP H.C.) 2019LLR404(M.P. Association &Anr. Medical&SalesRepresentatives M.P. vs. Secretary, Ltd. Provimi Animal NutritionIndiaPvt. LLR 145(P&HH.C.) 2019 BhatindaandAnother. Industrial Tribunal, Presiding Officer, Estatevs. Pfizer Limited H.C.) 2019LLR138(Guj. Media (P)Ltd. Fourt Square Nirankarsingh Balbirsingh vs. Tyagi 2019 LLR645(DelhiH.C.) ShriHariOverseas (P)Ltd. Amreesh Kumar vs. ShriHari 2019LLR778(DelhiH.C.) Overseas (P)Ltd. vs. Triloki NathOverseas (P)Ltd. MANAGER | FEBRUARY 2020 Workman B M LABOUR PROBLEMS & SOLUTONS

Solutions provided here are in context to narrated facts & not in general. Q.In which language the enquiry proceedings against the employee should be written so that it does not become invalid?

Ans. The central idea behind the issue is LINE that the employee against whom the displinary proceedings are drawn, he should be able to understand as to what Anil Kaushik Management Expert -HR & IR is written in the proceedings.This is also a part of principles of natural justice. The employee should sufficiently establish that by using a particular language in the enquiry has caused prejudice to him.Only then the enquiry may be declared as invalid.Madras High Court in the case of Management of Cheran Transport Corporation Ltd., Coimbatore vs.P.O. Industrial Tribunal.2002 LLR 773 has held that when the enquiry proceedings were held in tamil language and the workman did not know tamil and his request about his representation by a person knowing Displinary proceedings should be conducted in a tamil language was also rejected by the Enquiry Officer, then it is sufficient language, which is known to and understood by prejudice caused to workman and workman. enquiry was declared vitiated. Bombay High Court in the case of Nandini Mehta, Prop.of M/s.Layovak Laboratories vs.Smt.Amol Kate.2004 LLR 111 has held Q. We have purchased one establishment. I want to know that whether that when the model standing orders the purchaser or the seller would be liable to pay retrenchment provide about choice of language to be compensation to the employees who are deemed terminated? used in the enquiry proceedings and the Ans. The law is very much settled in this respect. According to Section choice was not given to the workman and 25FF of Industrial Disputes Act the transferor is liable to pay enqiury proceedings were drawn in compensation to such employees and not the purchaser. It was settled english language, the enquiry declared by Supreme Court in the case of Anakapalla Co-oporative Agricultural invalid even after the employee and Industrial Society vs. It’s Workmen. 1962 (II) LLJ 629. Supreme Court participated in the enquiry, did not object in the case of New Horizon Sugar Mills Ltd. Ariyur vs. Ariyur Sugar Mills about the english language, did not raise Staff Walfare Union. 2009 LLR 1320 has also decided in the same any objection because it will not be direction. construed to the effect that the employee had waived his right to get opportunity Q.Employee when after termination has accepted the charges before about language of proceedings under the labour court, can he be reinstated by labour court on the ground that model standing orders mendating the the punishment was excessive? Enquiry Officer to affored opportunity to the employee about the choice of the Ans. Though Industrial Tribunal/Labour Court has discretionary powers language. under Section 11A of the I.D.Act to interfere with the punishment imposed by the employer if it founds the punishment disproportionate to In another case Bombay High Court in the the gravity of the misconduct, but these powers are to be exercised with case of Shashikant M.Sable vs.Advani restraint by giving sound reasons in case of reducing the punishment with Oerlikon Ltd.2009 LLR 30 held that the justification.Gujarat High Court in the case of State Bank of India vs.T.M. enquiry cannot be held to be conducted Solanki.2008 (II) LLJ 274 has held that if somebody after committing the illegaly when the employee was allowed misconduct pleads guilty, then, he does not challenge the charge. to be represented by a person of his choice and no objection was raised by Confession of misconduct would not provide a reasonsable, legal and him about the english language used in valid ground to the labour court to interfere with the punishment the enquiry proceedings.Bombay High imposed by the employer.In this case labour court has observed that Court in the case of National Organic punishment was excessive because the employee had admitted the guilt Chemicals Ltd.vs.Pandit Ladaku Patil. before the court.

www.businessmanager.in 59 BUSINESS MANAGER | FEBRUARY 2020 LABOUR PROBLEMS & SOLUTONS

nature of work in different shifts are When factory is working required to be rotated.The Factories Act in all shfits, if would be does not specify any time frame after which a shift should rotate. It is for the wrong to put few factory manager to classify the workers in to groups and sub-groups (relays) workers permanently in according to the nature of work and to night shift fix the timings of the shifts and decide the routine of shifts in which these groups and relays of the workers shall be required to work.

The work arrangement in shifts is required to be notified by the manager alongwith peridocity of change of shifts LINE as per provisions of Section 61 of the Factories Act. So, it would be against the spirit of law if few workers are permanently kept in night shift. 2009 LLR 219 (SN) has held that at when the workman studied in Q.Is E.S.I.applicable on the amount paid english senior secondary school examination and the whole work of to independent contractor towards the company was done in english language, the enquiry proceedings construction of building? in english language cannot be said to have caused prejudice to the employee simply because it were not done in marathi language.In Ans. ESI will not be payable on the this case the employee was provided a translated copy of the charge- amount paid towards material cost, sheet on his request and thereafter all proceedings were fully machinary and other expenses except the explained to him marathi language before being recorded in english. employee wages paid to them by the contractor.Karnataka High Court in the Q.When an employee submitted his resignation in his own hand case of Regional Director, ESI Corporation, writing and accepted on the same day, can it be said that it was Bangalore vs.Management of Shagil obtained under force? Precision India.2009 LLR 72 has held that Ans. It depends on facts and circumstances of each case.Gujarat the amount paid to the contractor High Court in the case of Integrated Child Development Service towards other items accept employee Officer vs.Hemaginiben Bakulbhai Vyas.2009 LLR 1184 has held that wages will not come under the definition when an employee has resigned in her own hand writing and it was of wages to attract ESI contribution. accepted on the same day, the employee cannot wriggle out the Q.We have a company lawyer.Can he be same. In such case order of awarding reinstatement with 60% back- appointed as Enquiry Officer to enquire wages was set aside by the high court. into the charges levelled against the Q.The employee has been issued show cause notice and I have workman? been appointed as Enqiury Officer.Am I required to frame the Ans. Yes! He can be appointed as Enquiry charges against the employee before starting enquiry? Officer to conduct the enqiury.Kindly also Ans. Since show cause notice has alredy been issued and disciplinary check your serivce rules/certified proceedings do not equate with criminal proceedings and law of standing orders before taking the evidence does not apply on enquiry proceedings.You are not decision of appointment of Enquiry required to frame any charges or issue charge-sheet to the employee. Officer.There should not be any bar in Disciplinary proceedings are nothing but a fact finding mission with such respect in your rules.Supreme Court an objective to provide reasonable opportunity of hearing to the in the case of Biecco Lawrie Ltd.vs.State employee against whom there are charges of misconduct. Supreme of West Bengal.2009 LLR 1057 has held Court in the case of Cholan Roadways Ltd. vs. G. that advocate of the employer of the Thirugnanasambandam. 2005 LLR (SN) 302 and Karnataka High company can also be a Enquiry Officer. Court in the case of St.Thomos Mission Hospital vs. State of Kerala. Mere fact of his being a company 2007 LLR 610 have held in the same direction. advocate would not vitiate the enquiry and it cannot be considered as biased Q.Is it legally permissible to keep few workers permanently in night and partisan who favoured the shift and is there any specified time frame of shifts? management and was partial towards the management of the company.The Ans. When the factory is working round the clock and workers are biasness of the E.O.has to reflect on the working in shifts, it is required that workers performing same enquiry record. BM

www.businessmanager.in 60 BUSINESS MANAGER | FEBRUARY 2020 Fight or flight?

CASE STUDY CASE Dr. Deepak Sharma Associate Professor (HR), Swagatika Mohanty Narsee Monjee Institute of HR Specialization student Management Studies, Bengaluru

It was not a very good morning for us joined his monthly visit to the Questions for discussion: Ridhi Basu (Ridhi), the new HR BP for 'Humble Souls' foundation. Such a nice Prycona. As she held her coffee in her day it was!!" right hand and glanced out of the 1-Analyse the work culture of the "'Humble Souls'?" Ridhi asked. "It's an organisation? window next to her cubicle, she NGO acting for the literacy of rural remembered the meeting she had with women" answered Geeta. She added 2- What should Ridhi do now and the chief operations officer (COO), "Really!! I was amazed by Ravi's Ravichandran Dey (Ravi) and the HR interaction in the NGO. I mean, I had how should she proceed? Should Manager, Neelam Kapur (Neelam) a day heard that he was significantly involved she keep quiet and look for a job ago. It was her first formal meeting in the NGO but that day I saw Ravi in a change quickly forgetting the with Ravi. In fact, it had only been a completely different light. He knew incident as bad dream being new month that she had joined Prycona. everyone there. Almost as if he was a joinee having no roots in the As she remembered the meeting, she part of the NGO. Such an amazing organisation or fight back started reflecting on her decision on personality he is!!" against the perpetrator? joining this organization. "Was I too "Wow!! I am sure he is!!" said Ridhi and fast to choose?" She thought to herself. kept wondering the whole way back if 3- What pre-emptive efforts/acts The COO in his short interaction with she had judged Ravi too fast. Ridhi had very casually referred to her should Ridhi have made? as overweight not just once but multiple Ridhi's Past times. In fact, the most surprising fact Ridhi was from a small town. Having for Ridhi was that Neelam was right in completed her engineering, she had About Prycona front of her when this happened yet no worked in an MNC in Kolkata for few Prycona has been a financial advisory action or resistance was shown on her years. Her interest in the HR had led organization which claimed of part. her to take up the role of a Project providing free financial advice to its That evening Ridhi was sharing her cab Management Officer during her tenure customers regarding investments, back home with Geeta, a friend and in her previous organization. During loans, property, mutual funds, colleague from the marketing her brief career, she had realised that insurance etc. The company started in department. Geeta was assigned as a doing an MBA would help her take 2008 when it's chief executive officer "buddy" for Ridhi to ease her better roles in the future, especially in (CEO) was astonished to know how an orientation into the organization. Geeta human resources, the specialization in auto rickshaw driver was cheated by a had been friendly with Ridhi from her which she wanted to build her career. financial investment company. He had very first day. She had enrolled herself for a 2-year moved on to set up an organization that programme in MBA HR in a business would help anyone and everyone across Geeta asked "Hey Ridhi! How was your school and by the time she completed the nation regarding help them take day? You seemed so tensed about your fifth trimester she got selected in critical financial decisions. Since then meeting with Neelam today. Hope it Prycona through the campus there was no looking back for the went well!!" placement. It was a role that she could organization. The company had grown "Yes, it was good. But I must say, I have not refuse. She was very sure that the exponentially in the last 10 years and had better days" said Ridhi. role would give her a holistic exposure had received funds from many "Why so? Did you not do well?" asked towards the operative functions of renowned names in the Fintech Geeta. Human Resources. Besides, she industry.The company's business model believed that being a part of a growing was based on lead sales. In the last 5 "Well you know Ravi Dey was in the organization like Prycona would give years the company had expanded its meeting and …" Ridhi had just started her a chance to learn innovative HR business to Prycona insurance.com to answer her question wondering if practices as well. which provided insurance policies to she should tell Geeta about the end customer directly. inappropriate comment by Ravi but "After all, I hold work experience and I even before she could complete she was can handle the stress!"-she said to Ravi's meeting with Ridhi interrupted by Geeta "Oh Ravi!! He is herself before she accepted the offer, Ravi had to meet Ridhi in the morning such a cool guy for his age! and humble which had provisions regarding her regarding a discussion on the training too you know! Only last week some of relocation to Bangalore for the job. plan for the new quality analysis team

www.businessmanager.in 61 BUSINESS MANAGER | FEBRUARY 2020 FIGHT OR FLIGHT? that was to join in few weeks. The phone, she realised it was already 3pm can drop you to your place. This way I meeting took place in the Learning and Neelam expected a status on the can even show you around Bangalore &Development (L&D) Training room training plan which was in progress. too…since you are new to the city." said with the L&D Head, Anjali Gupta and She received the call and gave the status Ravi following Ridhi to her cubicle. the trainers. Twenty minutes past the to Neelam. Before the call was about to Ridhi looked around and couldn't find start of the meeting the pantry boy end Ridhi said "Neelam Could I speak anyone on the floor. Kalyan came in with tea nad snacks for with you in person anytime today? It is the attendees. Ridhi and Anjali had just regarding something personal." "Thank you for the offer Ravi, but I think I will head home directly.I have to picked up some biscuits from the tray "Is it anything urgent? Or could this when Ravi looked at both the ladies and finish up this report today so I am discussion be scheduled for some time actually in a lot of rush" replied Ridhi. with a faint smirk said "Ladies you guys later?" said Neelam. "Sure Neelam. Let need to keep a check on your weight! Ravi kept standing near her desk me know when you are available." Ridhi sipping his coffee as she packed her You both seem to have an apple shaped replied but Neelam had already body and with such body one tends to stuff. As she tried to book her cab Ravi disconnected the call before she could insisted again and again on dropping gain weight on the hips real fast!". The complete the sentence. room was filled with silence for about her home to which Ridhi kept on twenty seconds after which Anjali, very Though Neelam was in her late forties, denying politely. casually,changed the topic to how tough she seemed like someone Ridhi could It was already 8:30 pm so she decided to it was for her to commute to work owing look up to. Ridhi had always seen not to wait any further for the cab and to the Bangalore traffic. Neelam working for late hours, juggling take a public transport instead. When between meetings, trying to tick off Ridhi had heard from her colleagues she entered the lift, Ravi joined her in everything in her 'to-do' list that she the lift too. He then suddenly grabbed that Anjali had been recruited in carried with her wherever she went. Prycona on Ravi's recommendation. Ridhi's wrist and forcefully pulled her Neelam was very strict when it came to near him. "You are really beautiful you Many times, Ridhi felt that when it work and deadlines but had otherwise came to Ravi and his derogatory know. Let's go grab some drinks. We will seemed nice. She was the right hand for have fun." said Ravi. comments, Anjali would look the other Sameer and had very tight bonds with way. In fact, she had been seen to be him and Ravi. There were instances Ridhi was in utter shock at what had defending Ravi's comments calling it as when Ridhi had seen some of her just happened. The moment she could harmless in many instances. colleagues complain about how Neelam free herself she stopped the lift and ran The meeting took its normal course was a puppet for the senior out of the office. She didn't even look after that but Ridhi was quiet management, but Ridhi was yet to form back and rushed into very first auto she throughout. Her discomfort could an opinion on Neelam. could find. The whole way back she clearly be seen on her face. "Is no one tried to process the incident and what In the last one month that she had she could have done to avoid it. With else seeing what is happening?" "Am I worked in Prycona there were only 7 the only one feeling offensive on this?" tears rolling out from her eyes when she days of knowledge transfer arranged for reached home, she found Ravi's missed "How is everyone else so normal about Ridhi's transition into the role. There these comments?" These questions had calls on her phone. She avoided the call were times Ridhi felt that the deadlines few times but finally when she picked crossed her minds almost the whole were over ambitious given that she had afternoon. up Ravi started "Hey, I was just being just joined the organization. Last week funny. You small town girls are so The 1st Time: Harmless or Harmful? had been especially tiring for Ridhi as conservative!! Hope you don't make an This was the third time in two weeks there was a recruitment drive in issue out of this because you know who that she felt so uncomfortable around progress. The work not only demanded everyone would believe in such matters. Ravi. This incident reminded Ridhi of her presence in the office till late hours, Certainly not a new joinee!! See you in the lunch outing a week back. This was there were days when she had to work office tomorrow!". even after reaching home. also the first time she felt uneasy Ridhi disconnected the call and broke around Ravi. It was a small informal Today was one of such nights. There down into tears again. She was all new lunch meeting only for some members was a major 'Walk-In Drive' that was to in the city and knew no one. Who does of the senior management and the HR happen in the coming week. Ridhi was she reach out to regarding this? Was team. About 12 people were gathered for to submit a report on the same by Ravi threatening her? If she speaks up the lunch, most of whom had already evening and was working late in the will people believe her? She had yet to interacted with Ridhi in the office. This office. decide whom to reach out first? also included the CEO, Sameer Rao. On She went to the pantry to get coffee for The thought of filing a complaint at the the lunch table, Ravi was incidentally herself and as she turned around, she sitting next to Ridhi. She did not seem to Internal Complaints Committee (ICC) in found Ravi standing unreasonably close Prycona came to her mind many times mind as she had no reason to be to her. Startled by the same Ridhi apprehensive. During the lunch, but she knew that would lead to nothing. jumped back and spilled some coffee on ICC in Prycona was headed by Neelam however, she felt Ravi's legs brushing her clothes. against her thighs' multiple times. He who was the Presiding Officer. The would even put her arm around her "How come you have not left for home other members included Anjali Gupta shoulder telling her how he was glad yet?" asked Ravi. "Just finishing up on a from L&D Team and Sheela Das, a that she could join them at lunch. few things Ravi" replied Ridhi. "Do you member of the 'Humble Souls' Though initially this seemed harmless live alone in Bangalore?" asked Ravi. foundation and Ridhi knew what would but repeated advances made Ridhi reach "Yes, I have recently shifted to happen when she came out with a point when she had to switch seats Bangalore." replied Ridhi as she tried to complaint. with Guru, a fellow colleague. walk towards her cubicle. Ridhi was feeling helpless and The Incident: "You spilled coffee on your clothes. Are heartbroken on the situation "Why me? you planning to travel back like this? No one will believe me!!! Should I just give The ring on her phone broke her line of You can come to my place and change, up? Who will support me in this?" BM thoughts and as Ridhi looked at the it's only few blocks from here and then I

www.businessmanager.in 62 BUSINESS MANAGER | FEBRUARY 2020 I Ridhi should Mihir Gosalia Pune expressely say NO! CASE ANALYSIS CASE

1-The work culture in Prycona is that who was the Presiding Officer. Neelam never showed any action or though everyone knows what is resistance on her part towards the actions or regular gestures made by happening in the organisation and are Ravi. The other members included Anjali Gupta from L&D Team. fully aware as to what is right or wrong Anjali had been recruited in Prycona on Ravi's recommendation. And and are may be sympathetic too when she would always look the other way in such scenario. In fact, Anjali they see the junior colleagues plight, had been seen to be defending Ravi's comments calling it as harmless everyone is fearful of opening up or in many instances. Third member was Sheela Das of the 'Humble Souls' voicing their dissenting opinion for fear foundation. Thus Ridhi knew what would happen when she came out of retribution and attack back and being with complaint. So there was no point in fighting back against the labeled as wrong just because the accused perpetrator. By talking to ICC or HR, Ridhi may end up losing her job. are in powerful leadership positions at Ridhi may not want to "rock the boat," at a so early stage in her the top. There also exists a please all career, meaning that she may not want to make an already culture in the organisation and you are uncomfortable situation worse if she can avoid it. supposed to say only good things about your bosses and cannot criticize them or form any other opinion about them other than pleasant or favorable one's. This was evident when Ridhi tried to strike a con- versation with Geeta who was assigned as a buddy to ease her orientation into the organisation. Ridhi wanted to have frank conversations with Geeta as a buddy on how she felt uncomfortable around Ravi, Geeta being an old employee and fully conscious as what that conversation would lead too, interrupted Ridhi and turning the topic of discussions to good things that Ravi had done. So the work culture in the organisation was very tightly held by the top leadership, which in this case was Ravi - COO, and anything said against them would make life uncomfortable for them. Hence, it is a please all culture in the organisation. 3-Ridhi can recognize the issue and address it at the time it is 2-This was Ridhi's first job post happening. She need not be rude or be aggressive back. Simply let Ravi completing her MBA-HR. Leaving it so know that his comment was not ok. The idea is to bring the behavior soon would not look good on her resume out into the open. Also Ridhi will feel good about defending herself and may also harm her future career without resorting to complaining and chances are that once Ravi prospects. One would expect to complete realizes that it doesn't work, he may stop. This may also give her the at least one to two years before looking for courage and confidence as she establishes her roots in the better prospects. Also Ridhi may not be organisation. in a position to convince her future employers the reason for leaving her Setting boundaries at the beginning is key. Working with someone current organisation. Not everyone will who seems to have no boundaries means that you have to go ahead and believe the real reason. Ridhi by insulting set them. One of the challenges of unlikable people is that they come the COO or retaliating on her way out, with equally unlikable behavior-and it's important to learn how to chances are that she may never be hired distance yourself from that behavior. This is exactly what Ridhi has to again. do. Good fences make good neighbors. Also as seen from the case study, filing Ridhi should not let Ravi's comments or actions towards her affect a complaint at the Internal Complaints her work. She should look at staying on good terms with other leaders Committee (ICC) in Prycona would lead to in the company and thus keep her job. BM nothing since it was headed by Neelam

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

Bhaskar Dharival Sr. Manager-HRD, Draw a line!

CASE ANALYSIS CASE Hero MotoCorp Ltd., Kalol, Gujarat

t is the employer's duty to provide If we analyze the culture of the publically,in an assertive manner. a safe work place to all the employ- "Prycona", it seems that everyone is Have faith in organization policies Iees. But, it's the moral and ethical aware of and feeling the wrong and and procedures and make a formal responsibility of everyone to see and unwelcome behavior of Ravi but nobody complaint to Internal Committee. oppose towards his/her unwanted or wanted to raise the voice against the If at any point of time, the person like unwelcome behavior. same. Somewhere, this kind of behavior Riddhi feels that Internal Committee is Various States of India are having a of ignoring is resulted in to creating a consisting of Ms. Neelam as presiding very tough & stringent rules for wrong culture for the Organization in a officer, Anjali Gupta and external NGO deployment of female employees during longer run. Ms. Sheela Das are highly influenced by the odd hours or during the normal Keeping quiet for the kind of incident the person involved in Harassing, may working hours as well. Sexual happened with Riddhi may further build go ahead with the complaint to the com- Harassment at workplace is not a new the level of confidence of a person like mittee and if any point of time feels subject for discussion, but it has Ravi in any Organization. In 80% cases biased approach, may escalate the issue received all due attention of various of sexual harassment incidences in to higher ups or there are other external legal bodies and Central Government Indian organizations, victims like way of complaint also exists as per the after the Supreme Court landmark Riddhi, tend to leave the organization Act. Same can be used. Judgment as "Vishakha Guidelines". quietly, without raising any voice and Many organizations Follow POSH Subsequently an Act, came in to force on leaving more Riddhi's in the organiza- BOX and such kind of repeated 9 December 2013, named "Sexual tion to suffer. behavior can be Harassment of Women at Workplace This is not a matter of new Joinee or (Prevention, Prohibition and Redressal) old employee in the organization. Act, 2013" Harassment can happen with anyone Many a times, a person in an and equal amount of seriousness & organization, so casually cross the lines transparency must be shown to each that he/she doesn't came to know about case.It can be a general feeling of a new his/her unwanted or unwelcomed joinee, that he/she is a new to the behavior for others. And many times it organization and how the is well intended, as, it happened with management will take the Riddhi in her new organization and even complaint. But it is the responsi- more surprisingly in her first meeting bility of a HR Person to induct a with COO, in the presence of her HR new Joinee in a way that Manager. he/she develop trust & Most of the time, the inherent culture respect the organization- of the organization plays a vital role in al policies and its encouraging or discouraging this kind of behavior in organization. Same has happened at "Prycona", where even HR reported anonymously also. Manager doesn't have a sense of what is procedures. It was really unexpected Training programs on "Gender right and where to draw the line, when it from a HR Manager like Neelam to Sensitization & Preventions of Sexual comes to a professional talk with a overlook such comments from Ravi. colleague or a subordinate or an Following could have been a pre-emp- Harassment at Workplace" may be employee from other department. It is tive effort from Riddhi' side who is conducted from HR side, preferably, the collective responsibility of all the facing such or similar kind of behavior 100% population of the organization employees working in the organization at any organization: must be covered in such kind of to maintain the cohesive work environ- Riddhi could have STOP Ravi in first trainings, from top to bottom, as it can ment, with proper discipline and respect instance only, by raising her voice or happen at any level or with anyone. for all, irrespective of gender. showing her discomfort for such type At the end, it can be concluded that, it Overseeing the wrong behavior at of talk or comments. Perhaps, other is the responsibility of employer to workplace and not voicing the same at would also join her. provide the safe working environment to right place & time is also termed as a Whenever, any loose talk or wrong each and every one. But it is the individ- wrong behavior towards maintaining ual responsibility to check its own comments passed on by any of the the positive work environment and good behavior, that where to draw the line. BM culture at organization. person, victim must stop that person

www.businessmanager.in 64 BUSINESS MANAGER | FEBRUARY 2020 III

Archna Khurana Sharma No point in keeping Founder HR = Human Rhythms quiet CASE ANALYSIS CASE

n determining the right people, reporting such behaviours are complaint is filed or post the decision of the good-to-great companies discouraged because victims are often in the IC but there is no harm in taking a Iplaced greater weight on positions of low power and voice. chance and creating a positive example character attributes than on specific Bystander syndrome is another issue, of showing her courage and strength. educational background, practical where people see and understand 3- When we organise and facilitate skills, specialized knowledge, or work everything but due to various POSH training in various organisations, experience. reasons- social/financial, they make a it is communicated to all the - Jim Collins choice to be silent. participants that saying a clear and 1- Isn't it true that character Like Ridhi was confused initially,it is Loud 'No' is very important on the very attributes play an equally important role important for organisations to first incident when someone makes a if not more? understand that conducting gender sexual advance or say something sensitivity workshops at regular inappropriately. Company culture amalgamates from interval or as part of the induction During the incidence at company the company's philosophy, mission, process is crucial. values, group behaviours and expecta- lunch instead of changing seats she tions which chart out the path for clarity 2- Ridhi can leave the organisation should have raised a concern firstly in in goals, talent acquisition choices and and easily forget what happened. Slowly private with Ravi making it clear and execution of each plan. All these things will be alright in new then if repeated she should have raised factorsoutlinethe company's overall organisation with different people. But an alarm publically for the inapt touch. direction and creates workday what if she meets another Ravi? Will she For the perpetrator to take a step back experience of each employee who are keep changing organisations in fear? the victim shouldn't wait for the limits to working in organisation. Workplace sexual harassment is not be crossed and then voice out the issue. In this particular case study, limited to the offender and the accuser. Though in this whole case it is not Prycona's culture is more about power Companies can also be affected by these mentioned that Ravi has done something and position, a culture of silence and accusations sometimes bringing in like this with any other colleague but his victimisation, culture of inappropriate greater losses both in terms of money, loose talks on women's body parts talks and behaviours being avoided in equity and time. clearly depicts that more such cases the presence of new joiners. Imagine if Ridhi should file a complaint with IC would have happened. HR Manager Neelam would have along with copy to HR and CEO/ Many researches verify that no directly/indirectly shut Ravi when he Directors of the Organisation without matter what a woman does or not do, made uncomfortable comment. assuming that Neelam- The HR Manager such men would take the benefit of Many organisations' point of view of and other IC members will have biased people in less power and would still do 'leadership' shows an archetype of opinion and not take necessary action. what they have to do with the mind-set aggressive, tough and 'take no prisoners' When harassment happen, it is up to the that they are important for organisation kind of qualities and has produced organization to respond courageously and can get away with it. leaders who seize whatever they want, instead of scapegoating, wrongly Ridhi should have discussed it with without being swayed, without placing blame or covering up the some of the colleagues in order to botheration of consequences. incident. communicate her discomfort. Her A powerful COO and his charm on There is a bright red flag on the silence and running away did not senior people of the organisation, where incident which happened with Ridhi not resolve the problem instead Ravi took many women are listening to once but thrice. She should discuss the the benefit of this and made advances inappropriate talks yet not raising their incidences with the internal committee inside the lift knowing he isn't leaving voice against him creates a doubt on understanding the guidelines as well any evidences. company's code of conduct. and if no actions are taken she can I would conclude, "This is what proceed to take alternative action by Instead of changing the culture many happens in many organisation where reporting the matter to police to ensure culture is left to chance, those who covet such organisations have created that the accused is punished. examples that these behaviours are power and control will wield their rewarded with bigger bonuses, raises There are chances that with such influence and the culture of silence will and promotions. weak culture of Prycona, circumstances take hold." BM will be created where she might have to Prycona display a culture where leave the organisation once the

www.businessmanager.in 65 BUSINESS MANAGER | FEBRUARY 2020 India HR Summit 2020 by iConsult India held at Udaipur

iConsult India, Ahmedabad organized one day India HR highly blended. One function cannot deliver beneficial results Summit 2020 - Future HR at Udaipur on 10th January 2020. without taking care of the other. The Future of developmental While welcoming the guests, speakers and delegates, Meenal IR is where managers don't only have to be fair in their Goswamy Founder and CEO, iConsult India unfolded the dealings but also have to appear to be so, along with being firm theme of the summit emphasizing the need to understand the on certain issues of principle. Managers handling the changes taking place in business “environment and adapt to millennial workforce have to be cautious of their habit of prepare people ready for future. putting questions on all managerial decisions. Managers will Satyendra Gaur - Sr. Vice President & Head HR, Adani Gas have to learn to be ready to respond and operate shared his thoughts on the sub themes of the summit which collaboratively. were on nurturing talent, technology and innovation in HR The panelists in the second session on nurturing talent, and emerging trends in industrial relations. He highlighted K.V. Vishwanathan, Prashant Rao, Pradyumana Pandey, Lt the importance of having such knowledge sharing platform Col. Siraj Delhve and Dipan Vaishnav concluded that where ideas and experience shared by experts provide an technology has improved drastically, which is both an opportunity for delegates to have experiential learning. advantage and a disadvantage. Today, instead of hiring and After inauguration ceremony, Anil Kaushik, K.V. then grooming employees, identifying the right talent at the Vishwanathan and Gowthami Kanumuru delivered key note recruitment stage itself would be the most effective way to addresses on emerging trends in industrial relations, improve efficiency. The greatest challenge today, however, is nurturing talent and technology and innovation in HR. not finding talent but retaining it. And talent cannot be retained unless it is kept motivated. One of the important Dr. Prashant Rao - Vice President & Head Corporate HR, ways of keeping employees motivated is to help align their Deepak Group Co., Ahmedabad said the relationship visions and values to the organisation's visions and values. management continues to be a key focus area for industrial relations, there is a need to focus on building purposeful and The panelists in the third session on Technology and impactful governance for building effective, engaged and Innovation in HR, Gowthami Kanumuru, Anjali Joshi, Parag enriched relationship strategies for all the internal Swadia, Rajeev Pandya and Arvind S. Pemawat concluded that stakeholders. Employee Experience & Data-Driven Insights are the topmost objectives for digitization today. Every organisation should In addition to above there is a need to focus on sensitization formulate and choose their own experiences and insights for institutionalizing continual connect , communication and based on context & maturity. Personal motivation goes a long symbiotic collaboration to ensure appropriate value way in managing change. propositions for business outcomes. Technological possibilities today are unlimited. Numerous The panelists in the first session on emerging trends in innovations like digital on boarding, video-based interview industrial relations Anil Kaushik, Sandeep Pandey,R.P.Singh, analytics, and advanced reporting can be enabled and P.K. Bhardwaj and N.K. Sharma concluded that the most integrated with our daily business. However, one should sensitive issue in IR in coming times would be the handling choose solutions that can scale their future needs. and resolving of disputes of contract labour. It has to be highly documented and compliance proof. One needs to The summit concluded with glittering award ceremony. understand that HR and IR functions are not separate but Hundreds of HR professionals from industries around and students from premier institutions attended the summit.

www.businessmanager.in 66 BUSINESS MANAGER | FEBRUARY 2020