Kunena Site Syndication http://www.hrmindex.com/ Mon, 06 Feb 2012 02:58:04 +0000 Kunena 1.6 http://www.hrmindex.com/components/com_kunena/template/default/images/icons/rss.png http://www.hrmindex.com/ en-gb http://www.hrmindex.com/hr-forum/employee-relations/12298-employee-misconduct#12298 http://www.hrmindex.com/hr-forum/employee-relations/12298-employee-misconduct#12298 Any act or omission on the part of an employee which is a breach of any duty, obligation or
assignment arising under or flowing from any law or contract of employment or service rules or
standing orders, settlements or awards or improper conduct or wrongful behavior is a misconduct.


TYPE OF MISCONDUCTS

Minor Misconducts
The following acts or omission on the part of an employee shall amount to minor misconduct:
1. Late coming
2. Absence from duty without leaves for a period of less than six days
3. Loitering, gossiping in department during working hours
4. Failure to ware tight clothes/specified uniform.
5. Negligence of duties or neglect of work.

Major Misconducts
The following acts or omission on the part of an employee shall amount to major misconduct:
1. Willful insubordination or disobedience of any lawful and reasonable order of a superior.
2. Going on legal strike or abetting, inciting, instigation.
3. Willful slowing down in performance in work or instigation there of.
4. Theft, fraud or dishonesty in connection with the employer’s business or property.
5. Taking or giving bribes or any illegal gratification.
6. Habitual absenteeism without leave for more than 10 consecutive days or over staying the
sanctioned leave without sufficient grounds.
7. Habitual breach of any standing order or any law applicable to establishment.
8. Collection without the permission of the manager or any money within the premises of
establishment.
9. Engaging in trade within the premises of establishment.
10. Drunkenness, Riotous, Disorderly or indecent behavior on the premises of the establishment.
11. Commission of any acts subversive of discipline or rude behavior on the premises of the
establishment.
12. Habitual neglect of work or habitual negligence.
13. Canvassing for union membership or collection of union funds within the premises of the
establishment.
14. Willful damage to work in process or any property of the establishment.
15. Holding meetings inside the premises of establishment without the permission of the
manager.
16. Disclosing to any unauthorized person any information in regard to the processes of the
establishment.
17. Gambling within the premises of establishment.
18. Smoking or spitting on the premises of the establishment, where it is prohibited.
19. Failure to observe safety instructions notified by the employer or interference with the safety
devices.
20. Distributing or exhibiting within the premises of establishment and bills, pamphlets and
posters.
21. Refusal to accept a charge sheet order or other communication served in accordance with
the standing orders.
22. Unauthorized possession of lethal weapon in the establishment.

PENALTIES FOR MINOR MISCONDUCT
Warning, fine, passing adverse entry in service records, recovery of loss of goods for which the
concerned workman is accountable, recovery from wages of the whole or part of any loss caused
by the workman through negligence.

PENALTIES FOR MAJOR MISCONDUCTS
The following penalties may be imposed for good and sufficient reasons if an employee found
guilty of major misconduct.
Warning or censure, withholding of increment, fine, stopping promotion, demotion, suspension,
discharge, dismissal, vacation of company quarter or any other punishment which the manager
may deem fit.

PROCEDURE FOR AWARDING PENALTIES FOR ACTS OF MINOR MISCONDUCT
Where allegations of misconduct against the workman are of minor nature, he is called upon the
position verbally or otherwise. The manager or his authorized representative after hearing the
concerned workman will decide if the workman deserves any punishment and if so pass orders
accordingly. It is not necessary to hold enquiry in such cases.

PROCEDURE AND CONDUCT OF ENQUIRY
1. The I.D Act or any other law does not prescribe any procedure to be followed by the
employer in domestic inquiry.
2. In the absence of any statutory provision, the domestic enquiry do need not confirm to all the
requirements of judicial proceedings, they however, must satisfy the essentials of principle of
natural justice.
3. The guiding principle therefore, is that domestic enquiry should be conducted without bias
and by giving the delinquent employee an opportunity for adequately presenting his case.
4. Apart for compliance with the rules and principles of natural justice, the domestic enquiry
must be held honestly.

COMPLIANCE WITH RULES
1. In holding enquiry standing order in industrial employment should be followed as the standing
orders have force of law and constitute statutory terms of employment.
2. In holding enquiry statutory rules framed for the purpose should also be followed.
3. The enquiry must be conducted by an authorized person.

SUSPENSION PENDING ENQUIRY
A workman who committed a major misconduct may be placed under suspension by the
manager. A workman under suspension shall not leave the town during the period of suspension
without prior permission of the manager. A workman who placed under suspension pending
enquiry shall be entitled during the period of such suspension to subsistence allowance in the
following manner:
(a) From the date of suspension till the date he replies to the charge sheet is received by the
manager (nil.)
(b) For the first 30 days from the date of receipt of reply of the charge sheet—50% of the normal
wages and dearness allowance.
(c) For the next 30 days--- @ 60% of the normal wages and dearness allowance
(d) From the 91st day onwards--- @ 75% of normal wages and dearness allowance.
The workman shall not be entitled to subsistence allowance in case he takes up employment
during the period of suspension.

CHARGE SHEET AND ENQUIRY
A) A workman against wage misconduct is alleged and is placed under suspension shall be
served with a charge sheet within a week from the date of suspension. The charge sheet
should be specific and give full details for the charges leveled against him. The date, time
and place of incident should be mentioned in the charge sheet. When the misconduct
depends on offending language, then actual words used should be specified in the charge
sheet. The workman shall be called upon to submit his explanation within 48 hours, which
may be extended for 6 days for sufficient reason on request in writing from the workman
concerned.
If the workman admits the charges against him, no enquiry need to be held and it shall be
open to the manager to award punishment as he deems proper without holding the enquiry.
C) If the workman does not submit his written explanation or explanation submitted by him are
not found to be satisfactory or if he denies the charges alleged against him, an enquiry shall
be held.
D) The workman concerned in enquiry shall sign at the end of each statement recorded in his
presence. Such workman may be assisted by another workman of his choice but he must be
working in the company.
E) The enquiry may be conducted either by the manager or any officer or person appointed by
him for the purpose.
F) The manager shall appoint an enquiry officer and management representative for the
purpose of conducting domestic enquiry.
G) Copy of the charge sheet along with all relevant documents should be handed over to the
enquiry officer.

NOTICE OF ENQUIRY
a) It is very necessary to convey to the charge sheeted workman the name of the officer before
whom he is to appear. The time, date and place of enquiry should also be communicated in
the notice of enquiry.
b) The management should give its evidence first to prove the charges alleged against the
workman.
c) The enquiry officer can ask the management to serve the notice of enquiry.
d) The enquiry officer should decide in the beginning as to which procedure for major
misconduct should be followed.
e) If the charges rest on documents alone, it is not necessary to adduce oral evidence.

EX-PARTE PROCEEDINGS
1. If the employee does not attend on the date of enquiry fixed and communicated then ex-parte
proceedings can be taken against him.
2. When the worker insists that he must be allowed to be represented by his council and on
refusal of the same he boycotts the enquiry then such enquiry could be held ex-parte.
3. When the worker knows the date of enquiry and does not co-operate with the enquiry officer
or does not attend the proceedings, he cannot complaint if the proceedings are ex-parte.
4. If the worker intentionally refuses to participate in the enquiry, enquiry can be held ex-parte.
5. If the worker withdraws from the enquiry, it does not mean that he admits the charges alleged
against him. The enquiry officer has to record evidence of the management in support of the
charges.

JUSTIFICATION OF NON-ATTENDANCE BY WORKERS
1. Absence on account of protest is not justified. Even if some facility is denied the worker is not
justified to withdraw from the enquiry.
2. If certain documents or copies are not supplied to the workman and he withdraw from the
enquiry, it is not justified and enquiry could proceed ex -parte.
3. When a request of worker for being represented by an outsider or an advocate is disallowed,
he cannot walk out and if he does so, ex-parte proceeding is valid.
4. If absence is on account of genuine illness and he has asked an adjournment on death
grounds, it must be granted.
5. If an employee is on sanctioned leave and seeks adjournment on that ground, it must be
granted.
6. If an employee is on hunger strike and it is not possible for him to defend himself,
adjournment must be granted.
7. Adjournment is sought on the plea that the workman fears physical assault, the adjournment
may not be granted.
8. Enquiry can be held on a holiday also and in the absence an application of adjournment, the
enquiry officer is competent to proceed ex-parte.
9. Enquiry can be held even at night in case the concerned works day and night.
Grant of adjournment s discretion of the enquiry officer, but as such a discretion must be
exercised in a judicial and reasonable manner. An employee cannot be compelled to attend
enquiry. If an employee does not attend an enquiry, then it can be held ex-parte but he cannot be
charged for disobedience of orders.

ROLE OF THE MANGEMENT REPRESENTATIVE
1. In departmental enquiries, the punishing authorities play a dual role. The said authority or its
nominee conducts the enquiry on behalf of the management and judges the action of the
delinquent employee.
2. The role of management representative is similar to the case of public prosecutor as he also
conducts and pleads the case of management.
3. The role of MR is to conduct the case fairly and with full sense of responsibility.
4. It is not the duty of the MR to suggest any falsehood or suppress any facts.
5. The MR is also not expected to produce evidence, which stands to demolish his own case.
6. The role of MR can only be discharged properly if he sis equipped with the full knowledge of
the case. The MR should also have the basic knowledge or procedure and process of
domestic enquiry as well as to carry out the cross-examination of the charge sheeted
employee as well of his defense witnesses.

PRODUCTION AND INSPECTON OF DOCUMENTS
When the charge sheeted employee thinks that certain document is likely to be useful for his
defense and is in the possession of the management when he can apply for its production.
1. When a document is used against an employee, it should be disclosed to him.
2. Records of preliminary investigation if relied upon the management should be disclosed to
the employee.
3. Documents having no evidentiary value need not be disclosed.
4. If no reliance is placed on a document during enquiry then it need not to be disclosed.
5. Documents necessary for cross-examination or defense should be made available if asked
for.
6. If no prejudice is caused to the delinquent employee by non-production of documents,
enquiry is not vitiated.
7. Inspection of documents can be given as an alternative to production of documents.

BIAS IN DEPARTMENTAL ENQUIRIES
A domestic enquiry must be held by an unbiased person. The bias in its proper significance is
departure from the standard of even-handed justice which the law requires from those who
occupy judicial office the doctrine of bias:
1. No man shall be judge in his own case.
2. Justice shall not only be done but manifestly and undoubtedly seem to be done.

APPRECIATION OF EVIDENCE
1. Even though the onus of proving the guilt rest on the management, the probability or
otherwise of the version of incident put forth by he workman has to be taken into
consideration in determining his guilt and it cannot be altogether ignored.
2. The E.O. while appreciating the evidence should take care that the charges against the
delinquent workman should no deemed to be proved merely on the facts that the worker
could not put up strong defense.
3. If the employee has not produced any defense during enquiry, it cannot give rise to any
presumption that whatever the employer witness states is correct. Disposition of the
witnesses has to be judged on their merits.
4. It is not necessary to prove motives behind the act of misconduct.
5. While appreciating the evidence the E.O. should be extra careful for the disposition of chance
witnesses.
6. The E.O. should not simply disbelief the witness or think unreliable, as the witnesses are a
close relation of either party. Similarly, merely that middle and senior level officer depose for
the management and the workers for the delinquent employee is no reason to disbelief them.
7. The E.O. while appreciating the evidence should be conscious of the fact that the credit of a
witness does not depend upon his status. Truthfulness is not the monopoly of persons who
are rich and who hold high status.
8. It is not necessary that there should always be one witness to prove any charge. The reason
is that the evidence weighed and not counted.
9. The E.O. should not consider the events subsequent to incidence for which an employee was
charge sheeted.
10. In domestic enquiry the Doctrine of Benefit of Doubt is not applicable. Therefore, an E.O. is
under obligation to arrive at conclusion of facts.
11. It is not the concern of the E.O. as to whether the act mentioned in the charge sheet has
been proved or not.
12. E.O. is not interested with the power of imposing the punishment. His duty ends with the
finding of facts.
13. While drafting enquiry report, specific findings should be given on each charge and in case of
each person.
14. The finding should be specific and E.O. should come to conclusive findings of guilt.

FINDINGS OF ENQUIRY
1. The whole object of holding a domestic enquiry against a delinquent workman is to enable
EO to decide upon the merits of charges leveled against the employee. It is therefore,
essential that the EO should submit the enquiry report indicating clearly his conclusion and
reasons in support thereof.
2. The EO should not hold anyone guilty of the charges on suspicion. Suspicion, however
reasonable, is not sufficient to punish the employee.
3. EO should not give the findings on assumption of facts and circumstances not supported by
evidence on record.
4. The findings of the enquiry should be based upon the enquiry records and the EO should not
impose his own knowledge of things while writing the report.
5. The EO is not justified in parting extraneous consideration while writing the enquiry report.
6. While writing the findings, EO cannot omit from considering any material on record. When EO
disbelieves the worker and his witnesses he should give sufficient reasons.
7. The EO should bear in mind that the interpretation of document is a question of law.
Admission of document thereof should be distinguished from the admission of the contents of
the document.
8. EO should not give findings outside the scope of the enquiry. The scope of the enquiry is
limited to the charges as mentioned in the charge sheet.]]> Employee Relations Fri, 03 Feb 2012 12:24:05 +0000 http://www.hrmindex.com/hr-forum/employee-relations/12297-industrial-relations-ir-case-studies#12297 http://www.hrmindex.com/hr-forum/employee-relations/12297-industrial-relations-ir-case-studies#12297

CASE 1:
Mr. A is a habitual absentee and remains absent without any intimation and proper sanction of leave. His absentee records show that he remained absent from his duties without proper sanction of leave for 96 days during the last one year. He was advised number of times to improve his attendance but despite verbal advises and assurance given to him, he has not shown any improvement in his attendance. Habitual absence on the part of an employee is major misconduct under Standing orders no. 22(iv) of the Company. As an IRO officer of the company you have to issue him a charge-sheet for ‘Habitual Absence.’ Please draft the charge sheet to be issued to the concerned employee.

CASE 2:
The Union of the workers given a Demand Notice U/s 2k of I.D Act to the Management and negotiation on the said Demand Notice are going on between the management. The Union has told the workers to adopt go slow tactics and as a result thereof Mr. A while on duty on 17.02.2K at 04:00 pm in combination with others deliberately slowed down the work and also instigated M/s B, C & D to adopt ‘go slow’ tactics. Mr. A also threatened Mr. E who did not follow his suit. Slowing down production in concerted manner and threatening workers on duty is misconduct under the Certified Standing Orders of the Company. Please frame a charge sheet to be issued to Mr. A



CASE 3:

Mr. Rajesh Kumar, code No. 647 is working in the cross-winding section of unit-III of MSML on 05.06.2002. he reported for duty in the evening shift timing being from 3pm to 11pm. On the said date at about 3pm, Sh. Arvind Kumar, shift officer who is superior instructed him to work on machine no.15 instead of machine no. 4on which he has also worked previously. But he willfully disobeyed his order and was found loitering in the department upto 4pm. Mr. Arvind Kumar at about 4pm again instructed him to work on machine no. 15 but Mr. Rajesh Kumar without any provocation lost his temper and said to him “Main Kisi sale ki parwah nahi karta. Tumhe main bahar dekh loonga.” After that he left the department without any permission.

The above conducts on the part of Mr. Rajesh Kumar are major misconducts under certifies Standing Order No. 22(1), 22(, 22(9), 222(24) & 22(31).

Please draft a charge sheet to be issued to Mr. Rajesh Kumar



CASE 4:

Ramesh was just promoted as a shift officer. The promotion became effective when his immediate superior Mr. Sharma was out of town for a few days. Due to illness of Ramesh’s subordinate the work schedule was not being met. He decided to pitch in and help spending bout four hours daily in production. When Mr. Sharma returned to his work, Ramesh is not available, as he is not working on the shop floor. He is upset and tells him that it is the function of the supervisor to accomplish work with and through other people and not do it himself.

1. What was the initial problem in this case?

2. Tick the alternative you would select to solve future problems when workers are not available:
(a) Let the scheduled work be late and catch up when the worker returns
(b) Lend a hand as Ramesh did in this case.
(c) Prepare back up for emergency
(d) Workout an acceptable compromise with the superior.

3. Evaluate each of the alternatives in terms of their advantages and disadvantages to the company, to the workers and to Ramesh.

4. How would you implement the alternative that you have selected?




CASE 5:

THE LOYAL EMPLOYEE

Raman is the Sales manager of a reputed Corporation. He has 25 employees in his department, and all are paid commission for their sales in their territories. For the past 3 years the market for the company’s goods has been steadily growing and the majority.\ of Raman’s staff have met this growth with increased sales. However one employee in particular, Gopal has not kept up with the pace.

Gopal has been with this corporation for over 20yrs and is now 56 yrs old. He is a friendly man and is liked by all his peers and those to whom he sells the company’s products o a regular basis. The company has always considered Gopal dependable and loyal. Through the years, he has been counted as an asset to the company, but at the age of 56, he has gone into an age of semi-retirement.
Gopal’s sales have not increased s others have and he does not have the determination to acquire a significant increase in sales. Raman wishes to change this situation. He wants to motivate Gopal into increasing his ales to match that of his younger peers. To do this. Gopal must begin to do more than just put in his time, but Raman is not sure how to go about trying to motivate him. Unlike the majority of new employees, Gopal is an old man, who within a few years will reach the age of retirement.

If you were Raman, the sales manager, what would you do?



CASE 6:


In a unit the operations for a particular section were withheld for a certain period. The section was doubling and twisting yarns as per market requirement. Due to the cut in production, about 25 operators were excess and they were adjusted to different departments like Mixing, Blow room Carding, Rig frame.
Mr. Ram Tilak an operator was assigned to Carding department. When Mr. Ram Tilak reported to Carding department, Mr. Khanna said to him, “I do not know whether you will stay here. We have sufficient men and we do not really need any extra person. But I will see that you may be accommodated for doffing or sweeping.” So as an operator for a few days, Ram Tilak tried to help other operators for doffing purpose. In the end of the week, Mr. Khanna told Ram Tilak, “I have got news for you. One operator has left the job, so we will be able to engage you on the m/c from monday.”

On Monday, Mr. Khanna assigned Ram Tilak to Carding m/c. Apparently the job was very easy, it was only to feed the laps from blow room and replacement of full cans with empty one at delivery end. “Here” said Mr. Khanna to Ram Tilak, “watch me do this operation. It’s as easy as ABC. A trainee can also do the same job. I sometimes think that a trainee would be better than an experienced operator. “ Mr. Khanna explained slowly to Ram Tilak what was happening. After dong it personally, he asked Ram Tilak to do the same operation and said, “Now try it.” Ram Tilak performed the job in a correct way. Mr. Khanna said, “Here, I told you there is nothing to do. You can do this job in your sleep also.” That was the last time Mr. Khanna spoke to Ram Tilak until Friday.

Between Monday and Friday, the following things happened to Ram Tilak:
I) Three times break-down on the machine.
II) Very low productivity
III) Higher CV%
IV) Higher naps

Ram Tilak used to manage the job with the help of other operators. On Friday as he was putting the laps on the Card one of his fingers was caught under the nip of feed rolls and he got a severe injury of fractures. That was when Mr. Khanna found time to talk to Ram Tilak once again.

Q1: How do you think Ram Tilak feel about his new job? His new boss?

Q2: In what way were the incidents that happened to Ram Tilak between Monday anf Friday afternoon related to his training?

Q3: What was wrong with the way Mr. Khanna trained Ram Tilak to operate the Carding machine?

Q4: If you were Mr. Khanna, what would you have done that he did not do?


CASE 7:

The Union of the workers gave a demand notice under section 2K of ID Act 1947 to the management of Anant Spinning Mills, Mandideep. Negotiations on the said demand notice are going on before Dy. Labour Commissioner, Bhopal and subsisting settlement dated 07.10.2001 is still in operation.

In order to pressurize the management, the workers in consent resorted to illegal and unjustified strike at 8am on 01.06.2002. On the said date, at about 8am, Mr. Mahendra kumar Sharma, Code No. 26203, Department winding along with M/s Mohan Singh Solanki, Siaram Garg, Mukesh Kumar gathered at the main gate of the factory an d stopped the willing workers to attend their duties and obstructed the movement of the goods from and to the factory. Mr. Mahendra Kumar Sharma along with above named workers took a leading part in the strike, stopped the willing workers at the main gate, instigated and threatened them. When some workers entered the mill, Mr. Mahendra Kumar Sharma and above said workers started shouting, “ Management, hai-hai. Hamari maagein poori karo, jo humse takraega, choor-choor ho jayega.” He along with the above said workers started throwing stones at the main gate resulting in loss of company property and damage to the chief security officer’s office.”

On 02.06.2002, at about 8am Mr. Mahendra Kumar Sharma along with Mr. Mohan Singh Solanki, Sia Ram Garg, Mukesh Kumar and other striking workers instigated and threatened M/s Ram Kumar, Prakash Chand and Sham Lal who were coming on duty by saying, “Tum hathtal mein shamil ho jao, nahin to tumhara jeena haram kar denge. Mandideep mein jaoge to tumahari tangen tod denge.”

On 02.06.2002 at about 4pm, Mr. Mahendra Kumar Sharma led a mob of striking workers and gathered at the main gate of the factory and raised the slogans, “hum apni magen manvaa kar rahenge, jo saala afsar hume kaam par aane ko kahega, usko joote marenge, chamchon ki tangen tod denge.”

Mr.Mahendra Kumar Sharma along with M/s Mohan Singh Solanki and Siaram Garg is taking a leading part in the strke, and on 03.06.2202 at 3pm, he threatened M/s Ram Kumar, Madan Lal and Ram Avtar by saying “ Agar kam per gae to tangen tod dengen.” And also abused them in unparliament language.

On 03.06.2002 at about 7:45 am, Mr. Mahendra Kumar Sharma along with above said striking workrs stopped the bus no. MP03A-757 carrying female workers near Jileten factory. He along with other striking workers was having lathis and red flags and he threatened the female workers by saying, “Agar tum humara sath nahi dogi, to tumhe utha kar le jayenge.” The female workers got frightened and started crying for help. Security guards who were following the bus reported the matter in the police post mandideep.

The above conduct on the part of Mr. Mahendra Kumar Sharma and above named striking workers constitutes a major misconduct under the certified Standing Orders No. 12.1(K), (L), (N), (V) & ( Z).

Please frame a charge sheet to be issued to Mr. Mahendra Kumar Sharma.



CASE 8:

Mr. Radhey Shyam appointed as Machine Operator on probation for a period of 6 months. After completion of 6 month, the management took a test in which Mr. Radhey Shyam could not qualify and his probation period was extended for another 6 months. Again a test was organized but again the employee could not qualify. Hence his services came to an end on the basis of conditions stipulated in appointment letter. Employee challenged the termination.

TERMS OF APPOINTMENT:
1. You are being appointed as Machine operator trainee for a period of 6 months provided that employer may in his discretion extend the period of training for giving his services as trainee for such further period not exceeding one year.
2. The employer may terminate this agreement at any time without prior notice.
3. The candidate shall diligently pursue the course of his training and abide the rules for time being in force relating to the conduct of training and pass the described test.

As a Personnel Manager, write the legal course of action. Give reference of case law and sections of related acts.


CASE 9:

Hindustan Textile Mills is a spinning unit of 50,000 spindles. The main product is cotton yarn of 40 count. The mil is situated in central India. Mr. T Patel who is the General Manager of the plant manages the unit. He is a B. tech of 1960 batch and is associated with the organization for the last 15 years. The plant started its production in the year 1989. The total strength the worker is 1750. All the workers are on the regular rolls of Hindustan Textile Mils and majority of them belong to Bihar. The workers are not unionized but strong groups from particular regions have influence on the workforce from a particular area.

Mr. Pramod Mishra joined the mill on 01.12.1995 as Trainee and he was promoted as Tenter from 8.8.2000 in the ring department. He belongs to Chappra district of Bihar. On 25.9.2001, Pramod Mishra was taking charge of the night shift and there was some argument that took place with the evening shift, Mr. Babloo, Mr. Mahesh, shift officer intervened in the matter and the issue was resolved. Babloo is a resident of Balia in U.P.
On 10.10.2001, in the night shift at around 1:30 am, Rakesh Kumar working as Tenter in blow room met with an accident. His right arm came in to contact with the machine and he shouted for help. Pramod Mishra rushed to the spot and meanwhile 3 other workers of Speed frame and draw frame also reached the spot and started their effort to pull Rakesh from the machine, Mr. Mahesh, shift officer with the timekeeper Mr. Kanhaiya Lal also joined them. There was blood al around. Mr. Mahesh intervened in between and took charge of the machine along with Mr. Gyan Singh, maintenance foreman. They were able to pull Rakesh Kumar out of the machine and in the meanwhile there were group pf 50 workers gathered on the sot. Kanhaiya took Rakesh to the hospital.

Meanwhile there was an argument that started between Mr. Pramod Mishra and shift officer Mr. Mahesh that the machines are not safe and the management is not keen about the safety of workers. Mr. Radhey, Mr. Deendayal, Mr. Prabhu Prakash also joined Mr. Pramod Mishra. Pramod Mishra took an iron rod from the blow room and started souting to all the workers to stop the plant. He along with Mr. Radhey, Mr. Deendayal and Mr. Prabhu forced al workers to come out of the plant and damaged window glasses of the main hall. The whole issue took an ugly turn.

You are the Personnel Manager. How will you handle the situation and describe the legal as well as other actions to resolve the issue.



CASE 10:
Mr.Daljit was employed in the Star Mills as a tractor driver. His job was to carry the raw material from godown to the production hall. Daljit was 55 years of age and he joind Star Mills on 09.09.1985. He was drawing wages of Rs. 1200/-. His shift timings are about 2 pm to 9 pm. On August 7, 1993 after coming back from his place of employment at about 9 pm he complained of severe chest pain. He was taken to the Dispensary from where he was taken to the District hospital where he was treated. Thereafter Daljit was referred to AIIMS, New Delhi. Mr. Daljit was a chronic Asthma patient.

On 21st Sept 1993, he died at AIIMS. His wife claimed compensation to the extent of Rs. 75000/-. There was no report of any accident as the diseased was on his duty on August 7, 1993 and he completed his duty as usual.

Comment and analyze the claim of wife of Mr. Daljit in context of relevant acts.


CASE 11:

Mr. Arun Mathur is the General Manager at Diamond Textiles based at Ahmedabad. The company produces terry towels. The company enjoys a good image in the market due to superior quality of its products. Last year the turnover of the company was 120 crores which is almost 40% of the market turnover.

The company’s labour union is very strong and is affiliated to state level political party. All the emlployees of the company are members of this union. 20% of these employees having served the company for more than 30 years. The employees have deliberately lowered their productivity and have been only fighting for their due and undue rights. The company is yet to link productivity with wages. Hence productivity is seriously being neglected. The reduced productivity has now increased the cost of production and affected the company’s profitability.

Mr. Arun Mathur is seriously thinking on certain ways and means to improve the individual productivity. He tends to convince the employees that improvement in productivity does not mean excess work for employees. Productivity growth can also be proportionately rewarded so that efficient employees are adequately encouraged t maintain improved performance results.

Different practices, monetary and non-monetary incentives, training programmes, literature and discussions are to be carefully designed t o improve productivity in the company. Behavioral or attitudinal aspects of productivity improvement are to be taken in to account. Legal provisions of the labour law also need to be studied in relation to compulsory maintenance of average productivity.

Discuss various techniques, which can help Mr. Anil Mathur. Mr. Kumar, Personnel Manager is fancy about the idea of outsourcing also.


CASE 12:

XYZ is a public limited concern having its factory at amunanagar with its registeres office at Delhi. It employs 1200 workmen, who are organized in to a union called the “ National Manufacturing Company Mazdoor Union.” Ramjas, a fitter in the engineering department is the President of the Union, and he commands considerable respect among the workmen.

On 30th April 1983, about 20 employees at the company led by Ramjas met the Wroks Manager and asked him that May 1, may be declared a holiday. The works manager expressed inability to oblige the Union. Then the situation took an ugly turn, there was exchange of hot words. Ramjas accused the works manager of being anti-working class and having callous despot.
The same evening Ramjas addressed a gate meeting. He asked workers to observe May Day in fitting manner. A resolution condemning the attitude of the works manager was also adopted in the meeting.

At the start of the shift at 8:00 am, the next day, i.e. May day, Ramjas went to the factory, collected a number of workmen, including several office bearers of the Union and went from department to department urging the workmen to stop work. Within a short time, a large number of workmen left their workplace and streamed out. A flag-hosting ceremony was held otside the factory gate. Ramjas exhorted the workers tojoin the May Day rally later in the evening. The factory did not work for the rest of the day.

The mangement issued a chrge sheet to Ramjas on 3rd May, 1983 giivng details of the charges and stated that those acts amounted to gross misconduct, under Stanidng Order 24(a), (c), (g), (k), (p). (See in Annexure I). Ramjas was required to submit his explanation in the following language:
“ You are required to submit your explanation to the above acts of misconduct within 24 hours of the receipt here of as to why you should not be dismissed from the service of the company.” (For charge sheet see Annexure II)

It was stated in the charge sheet that Mr. P.C. Gupta, the legal advisor of the company would hold the enquiry on the charge sheet at 11:00 am on 10th May 1983 in the conference hall of the factory.

Ramjas refused to accept the charge sheet. Thereby it was sent to him by Regd. Post on the same day and a copy thereof was displayed on the Notice Board of the company. The registered cover was backed with the remarks “refused to accept.”

Ramjas however appeared for the enquiry and asked in writing that he be permitted to be defended by a lawyer or Mr. Pritam Singh, the General Secy of the Union who was not the employee of the company. Request of Mr. Ramjas was turned down by the E.O. Ramjas walked out from the enquiry room stating that he could not expect justice from the legal advisor of the company who was biased in favour of management and that he was not given proper opportunity to defend himself. The E.O recorded the statement of the MR and concluded the enquiry proceedings he found Ramjas guilty of all the charges leveled against him. He submitted his findings to the works manager. The works manager referred the same to the secretary of the company at the head office for advice. Secy wrote back that Ramjas should be dismissed. Accordingly, the works manager issued a letter to Ramjas terminating his service with immediate effect stating that all the charges leveled against him were found proved and that he was guilty of misconduct for which dismissal was the proper punishment.

The punishment inflicted upon Ramjas was assailed by the Union on the following grounds:
1. The charges of insubordination were subversive of discipline in passing resolution condemning the works manager was not misconduct and, as such no enquiry could be held against him.
2. The charge sheet was invalid in as much as the management being biased against him and already made up its mind to dismiss him and that holding of enquiry was just a legal formality.
3. No opportunity was given to him to defend himself.’
4. The proceedings of the enquiry recorded in his absence were not binding on him and no punishment could be awarded on the basis of the same.
5. The appointment of the legal advisor of the company as the EO was illegal and against the principles of natural justice.
6. The works manager being himself involved in the incident was interested in the outcome of the enquiry and could not act as the punishment authority.
7. The works manager in the circumstances could not and did not apply his mind independently in deciding the quantum of punishment.
8. He was victimized for his trade union activities and for being the president of the union.

ANNEXURE I:

24 (a) willful insubordination or disobedience alone or in combination with another or others of any lawful and reasonable order of a superior.

© striking work or inciting others to strike in contravention of the provisions of any statue or the standing order

(g) entering or leaving or attempting to enter or leave the factory except in accordance with the standing orders.

(k) threatening or intimidating any officer or employee on the factory premises

(p) deliberately making false, vicious, or malicious statements, public or otherwise, against any officer or employee of the company.















ANNEXURE II:

To,
Shri Ramjas
Fitter, Engg. Deptt
Token No. 1760

Whereas on 30th April, 1983 you along with 20 of your colleagues went to the office of the works manager, Shri Randhir Singh and on his declining your request to declare May1, 1983 as a general holiday, you entered into heated arguments and used undesirable language against him. And whereas in the evening of the dame day that is 30th April, 1983 you organized and spoke at a meeting outside the factory premises where a resolution on condemning the works manager was passed.

Whereas on the morning of 1st may 1983 you along with other workman of the factory moved from deptt to deptt and incited the workers to stop work this resulted in workmen walking out of factory premises for the day.

The above acts of omission and commission on your part amount to misconduct under section 24 (a), (c), (g ), (k ) & (p ) of the standing orders.

You are hereby require to submit your explanation to the above said acts of misconduct within 24 hours of the receipt hereof as to why you should not be dismissed from the service of the company.

Please take note that an enquiry under the provisions of the standing order sin the matters of the above charge sheet will be held by Sh. P.C. Gupta, legal advisor of the company at 11:00 am on 10th May 1983 in the conference room of the factory. You are herby requires to present yourself for the enquiry on the aforesaid time, date and place.]]> Employee Relations Fri, 03 Feb 2012 12:21:39 +0000 http://www.hrmindex.com/hr-forum/employee-relations/12285-tips-for-a-professional-for-a-better-employee-relationship#12285 http://www.hrmindex.com/hr-forum/employee-relations/12285-tips-for-a-professional-for-a-better-employee-relationship#12285
Let us go through some handy tips for a professional for a healthy employee relationship:

The first and the foremost mantra for a healthy employee relationship is effective communication. A professional must communicate effectively by carefully putting his thoughts into relevant words to avoid confusions and better understanding at the workplace. One should never play with words or speak something which might make the other person feel awkward or out of place. One’s communication has to be crisp and precise to create an impression. There should be transparency in speech at all levels for a healthy relationship. Pass on the information as it is.Never manipulate the truth. Communication is an art.No individual is born with effective communication skills; it comes in due course of time with practice.

Professionals must depend more on written modes of communication than verbal as it is more reliable and one can’t back out later. An email is nothing but a reflection of one’s thoughts and should be self explanatory for the others to respond accordingly. Take care of the style and font of the mail. One needs to be very careful about the subject line as the other person opens the mail only when the subject line is impressive and relevant. The mail should be marked to all the employees who should be a part of the communication with a cc to the team leader for him to be aware of what is happening in his team. Don’t send mails separately to individuals as it might create a confusion and eventually a friction among employees.

One should never adopt a casual attitude at work. Be professional in your approach. Learn to be disciplined. A professional must abide by the policies of the organization for better relations and peace at work. An individual should not take frequent leaves to ensure timely submission of work. Don’t unnecessarily ask for favours from your team members. For a better relationship with the fellow workers, one should not interfere in each other’s work. No one would appreciate if you peep into your colleague’s computer screen or open something not meant for you. One should be more concerned with his own work rather than bothering about others. Your organization pays you for your hard work so one should not waste his time in criticizing or making fun of others. How would you feel if someone unnecessarily pulls you into a controversy? You would never feel like talking to him. Avoid playing blame game at work. Learn to own your responsibilities else you would be left all alone in the office. Backstabbing should be avoided as it is considered highly unprofessional and spoils the relationship among the employees.

Don’t walk into meetings empty handed. Carry a notepad along with you to jot down the important points for future reference. An individual can’t remember each and everything thus it is always advisable to write down somewhere to avoid forgetting things later and earn the criticism of others. Develop the habit of carrying a planner to mark the important dates. The agenda and the minutes of the meeting must be circulated among all so that everyone gets a common picture and nobody feels neglected.

It is essential to maintain the decorum of the office. Remember you are not sitting at your home where you can shout on anyone. Be polite to everyone irrespective of his designation and level in the hierarchy. Never use foul words or abusive language against anyone as it lead to severe disputes among employees. If you do not agree to someone, it is better to sit with him and discuss rather than arguing and spoiling your relationship. A professional must avoid gossiping and spreading unnecessary rumours at work.

Employees must help each other at work for a better relationship. One should avoid being jealous and selfish at work. If someone has done well, do appreciate him. Lend a sympathetic ear to your fellow workers if they are in trouble. Be a little more adjusting. Things can’t always be the same as you want, compromise sometimes to your best extent possible. Don’t just rush to your desk and start working the moment you step into your office. Greet others with a warm smile. Take your lunch with your team members and do go out once in a while to increase the comfort level. Celebrate festivals at the workplace where each and every employee can come together and enjoy. Don’t forget to wish your colleague on his birthday. Bring a nice gift for him as well.

One should intervene immediately in case of conflicts and arguments. Don’t tend to ignore things. One needs to be loyal towards his organization to be in the good books of the management as well as to grow professionally. Never misguide anyone. If you are not aware of something, it is better to stay out of it than misleading the other person.

Last but not the least one should always have a positive attitude at work. Try to be friendly with your colleagues and don’t always find faults in them. Don’t assume that your colleagues would always harm you. One should always look at the positive side of the things to avoid stress and maintain a cordial relationship with everyone at work.

Have you automated monotonous work at your business?
Time Attendance, Payroll, HR Software]]> Employee Relations Mon, 23 Jan 2012 06:52:32 +0000