Dear Friends,
In our country employee relations are more or less defined by judge made law being consistently interpreted according to needs of changing times. The responsibility which should have been owned by legislators to properly amend and modify the employment regulations has been discharged by judiciary. The shift is clearly visible. Keeping pace with new age industries based on modern technology and changed employees mind set is the essence of the time. Our labour laws are lagging behind in this respect.
Judicial pronouncements of 2012, if we look at in totality, have reinforced the necessity of discipline for running the business. It is clear that discipline is the core. Courts have refused to interfere with the punishment orders of the organizations which were based on indiscipline, be it in the form of productivity loss or dishonesty. One more reflection has come up. It is about reluctance of courts to grant reinstatement in service even if the terminations were found illegal. Instead, it is replaced with compensation. The underlying message is that the person who is indulged in litigation with his employer for years , nothing good can happen to any one if he is again thrusted upon the employer to keep him in job. It will rather create more bad blood and in all possibilities, the more disputes will come up.
Earlier, the courts adopted human approach without appreciating the ground realities of industry when majority of punishment orders were interfered by courts and were substituted with reinstatement and back wages. Absenteeism, theft, using vulgar language, sleeping while on duty, assaulting the superiors and strike were not considered as major misconducts and by and large barring few , pronouncements were in favour of working class and against industry. In normal cases reinstatement with back wages were granted. Now the back wages is no more a rule with reinstatement. It is a big shift from earlier stance.
Sympathy or sentiments which were earlier shown by judiciary in favour of working class even after due compliance of all procedures and law by employer is now restricted. The workers' strikes, protests and demonstrations have also met with less tolerance by judiciary.
For Feb. 2013 Cover Feature, BM team studied thousands of supreme court and various high courts judgments published in journals during 2012 and selected about 600 verdicts for readers keeping in mind their relevance. To capture the law laid down, we reduced them in one liners and segregated them in to different subjects to make it a interesting cover feature of this month. The much sought after power pack issue, as ever before for which our valued readers wait for the whole year being of high reference value.
regd.
Anil Kaushik
Chief Editor,Business Manager-HR magazine
B-138, Ambedkar Nagar, Alwar-301001 (Raj.)
09829133699
Welcome to Business Manager | Home
From India, Delhi
181In our country employee relations are more or less defined by judge made law being consistently interpreted according to needs of changing times. The responsibility which should have been owned by legislators to properly amend and modify the employment regulations has been discharged by judiciary. The shift is clearly visible. Keeping pace with new age industries based on modern technology and changed employees mind set is the essence of the time. Our labour laws are lagging behind in this respect.
Judicial pronouncements of 2012, if we look at in totality, have reinforced the necessity of discipline for running the business. It is clear that discipline is the core. Courts have refused to interfere with the punishment orders of the organizations which were based on indiscipline, be it in the form of productivity loss or dishonesty. One more reflection has come up. It is about reluctance of courts to grant reinstatement in service even if the terminations were found illegal. Instead, it is replaced with compensation. The underlying message is that the person who is indulged in litigation with his employer for years , nothing good can happen to any one if he is again thrusted upon the employer to keep him in job. It will rather create more bad blood and in all possibilities, the more disputes will come up.
Earlier, the courts adopted human approach without appreciating the ground realities of industry when majority of punishment orders were interfered by courts and were substituted with reinstatement and back wages. Absenteeism, theft, using vulgar language, sleeping while on duty, assaulting the superiors and strike were not considered as major misconducts and by and large barring few , pronouncements were in favour of working class and against industry. In normal cases reinstatement with back wages were granted. Now the back wages is no more a rule with reinstatement. It is a big shift from earlier stance.
Sympathy or sentiments which were earlier shown by judiciary in favour of working class even after due compliance of all procedures and law by employer is now restricted. The workers' strikes, protests and demonstrations have also met with less tolerance by judiciary.
For Feb. 2013 Cover Feature, BM team studied thousands of supreme court and various high courts judgments published in journals during 2012 and selected about 600 verdicts for readers keeping in mind their relevance. To capture the law laid down, we reduced them in one liners and segregated them in to different subjects to make it a interesting cover feature of this month. The much sought after power pack issue, as ever before for which our valued readers wait for the whole year being of high reference value.
regd.
Anil Kaushik
Chief Editor,Business Manager-HR magazine
B-138, Ambedkar Nagar, Alwar-301001 (Raj.)
09829133699
Welcome to Business Manager | Home
From India, Delhi
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