Dear All
Our company is registered under Companies Act, all labour laws are applicable to Co. The brief fact of the case is that, we had one unit which was running on lease. Due to financial crisis & the original owner is asked to vacate the premises, the said lease unit is closed down in the year 2011/2012 by transferring all permanent workers & staff to our other 3 units and terminated labour contract with the contractor who had engaged some contract workers. (the said contract was registered under The Contract Labour ( R & A) Act 1971).
Since the labour contract of contractor had been terminated, the contractor terminated services of his contract workers. Being grieved the contract workers file complaint of oral termination before the Asst. Labour Commissioner (ALC) under Section 2 (A) of ID Act for conciliation which was not settled. Subsequently the ACL send failure report and the Reference ID were made in Labour Court in the year 2012. The said Reference trial on merits and the court has passed Award in the year 2015 and held that the oral termination of contract workers are illegal hence directed "Reinstatement with full back wages and Continuity in service."
The workers send letter to implement the said order and provide employment, since the business of the said unit was closed down the order can not be implemented but we had not filed any Appeal in the said matter.
Subsequently, the workers approach Dist. Collector for recovery of claim amount under the provisions of Land Revenue Act, the Collector issued notice to us to pay the dues , failing which complainant workers names will entered on the company property as the dues of land revenue. We intimated to Collector that the said property was on lease & the company is close down.
The Collector issued directions to Tahsil accordingly complainant workers names entered on the leased property. Thereafter, the complainant again approach Collector by filing another application to enter their names on the personal property of the Managing Director. Based on the application their names entered on the personal property of MD.
Under the circumstances what are the remedies available to company to defend the matter. Can we file Writ & get stay order not to take further actions. Please advice.
Manager HR.
From India, Nashik
5Our company is registered under Companies Act, all labour laws are applicable to Co. The brief fact of the case is that, we had one unit which was running on lease. Due to financial crisis & the original owner is asked to vacate the premises, the said lease unit is closed down in the year 2011/2012 by transferring all permanent workers & staff to our other 3 units and terminated labour contract with the contractor who had engaged some contract workers. (the said contract was registered under The Contract Labour ( R & A) Act 1971).
Since the labour contract of contractor had been terminated, the contractor terminated services of his contract workers. Being grieved the contract workers file complaint of oral termination before the Asst. Labour Commissioner (ALC) under Section 2 (A) of ID Act for conciliation which was not settled. Subsequently the ACL send failure report and the Reference ID were made in Labour Court in the year 2012. The said Reference trial on merits and the court has passed Award in the year 2015 and held that the oral termination of contract workers are illegal hence directed "Reinstatement with full back wages and Continuity in service."
The workers send letter to implement the said order and provide employment, since the business of the said unit was closed down the order can not be implemented but we had not filed any Appeal in the said matter.
Subsequently, the workers approach Dist. Collector for recovery of claim amount under the provisions of Land Revenue Act, the Collector issued notice to us to pay the dues , failing which complainant workers names will entered on the company property as the dues of land revenue. We intimated to Collector that the said property was on lease & the company is close down.
The Collector issued directions to Tahsil accordingly complainant workers names entered on the leased property. Thereafter, the complainant again approach Collector by filing another application to enter their names on the personal property of the Managing Director. Based on the application their names entered on the personal property of MD.
Under the circumstances what are the remedies available to company to defend the matter. Can we file Writ & get stay order not to take further actions. Please advice.
Manager HR.
From India, Nashik
Dear Ijaj,
Since the original adjudication of the dispute has reached its finality of recovery proceedings without the aggrieved management exhausting the appeal provisions, the description of the facts appears to be selective or insufficient.
(1)When the unit/factory was leased out to a third party under a documented agreement by the Company, the lessee becomes the occupier of the factory and as such what prompted you to absorb the permanent workmen of the lessee by way of transfer of their services to your other units?
(2) If the lessee was the principal employer to the contract labor engaged in the leased out unit, how come you were impleaded as a party in the dispute in the stages of conciliation and adjudication under the I.D Act, 1947?
Without perusing the award, I think that it will not be possible to offer any suggestion about the further action at this stage.
From India, Salem
Since the original adjudication of the dispute has reached its finality of recovery proceedings without the aggrieved management exhausting the appeal provisions, the description of the facts appears to be selective or insufficient.
(1)When the unit/factory was leased out to a third party under a documented agreement by the Company, the lessee becomes the occupier of the factory and as such what prompted you to absorb the permanent workmen of the lessee by way of transfer of their services to your other units?
(2) If the lessee was the principal employer to the contract labor engaged in the leased out unit, how come you were impleaded as a party in the dispute in the stages of conciliation and adjudication under the I.D Act, 1947?
Without perusing the award, I think that it will not be possible to offer any suggestion about the further action at this stage.
From India, Salem
============= 19.9.2019.
Dear CiteHR Members, Sir,
SUB: TRAINING on Important HR. SYSTEMS, RULES, Forms (SRF) to work HR ,
P&A. Dept. (Abbreviations used to save space)
================================================== ================================
I am providing Training to Company Officials, P&A Mgrs., Freshers; to ASSIST them to improve, update their P&A. works with S.O.P. for Factory, Mines, all Estts., Office Admn.; HR Auditing, Recruitment, Attendance, Salary, Benefit , Leave Admin., Leave Card System, Grading of employees, PA, PMS, HRIS, MIS., All Policies, Procedures, Legal, Statutory Compliance, C.L., Regn., Licence, PF, ESI, Inspection by F.I.,L.I.etc., from Recruitment to Separation - with all Systems, Rules, Forms for H.R. Management - in Soft & Hard Copy - for easy understanding & Adoption.
I am giving below some of the Imp. P&A. Systems, Rules, Forms(SRF) to help P&A Officials as some of them are NOT there in many Cos; Books, Google etc., When u Google for “MPIF,PA,MIS or S.O., IDA. etc.”; U will get 10+ Options; each different from the other. It confuses & you may not get the right answer, Forms u wanted; as u can get from me. Many Consultants don’t have these SRF. Hence, P&A. Mgrs. face problems to make HRIS, MIS Report to GM, FC, MD, Comply with Statutory Returns to FI,LI,ESI,PF, Pension,IT, PT,Bank etc.
I am providing Training for adopting, implementing the above SRF for
a. Attendance Certification problems for payment of Salary
(Employees not regularizing OD,OP,Leave etc.in time),
b. Optional-Holidays instead of Fixed Holidays to help HODs to
deploy M.P.for Essential works without violating Rules, OT etc,
c. Adopt Leave Card(LC)Systems instead of loose Leave Appn. due to
many benefits to P&A works; JSWSteel adopted LC in 1996 + SLR,SLL,
Kirloskar,Kalyani,BKG etc.;for Leave Admn; 1 Card for 1 empl. for
1 yr + Leave Rules on backside for infn.& compliance of all empls.
d. New Co.Appn.Form-60+ points to collect all personal details for
HRIS,Returns to FI,LI,ESI,PF,IT,PT,Bank,Nominee in 1 Form (instead
of piecemeal; which cannot be traced, causing problems later) to help P&A
Mgrs. to show all persnl.dtls. to GM,MD, FI,LI etc. Many Cos. adopted my Form as
their Form had below 20 points. Pl.check No.of points in ur Co.’s Appn).
e. M.P.I.Form to help HODs to give specific details of persons
to be recruited; to fill posts; specially, TECHNICAL posts.
f. Interview Assessment Form to help Panel Members, MD to assess,
Select, fix Design.Grade, Salary & Appoint the Right Person,
g. P.A.Form to Assess, Regularise Trainees, Confirm Probationers,
Promotion, SI & Grading of all employees into 27 Levels as per
Grading Chart to help HRD, Mgmnt.to fix Post, Grade, Salary &
to know No.of empls.-Grade & Dept-wise; for MIS, Returns etc.
h. Resignation-Acceptance, Notice Period, No Due Certificate,
Absenteeism, AOS Procedures, SC Notice, Enquiry, Termination,
Retrenchment, Relieving, F.S., etc. as per S.O., IDA.,
Our Group Consultants at B’lur, Chennai together have Developed 200+ Imp. HR Systems, Rules, Forms etc.,for the use of P&A, Accts.Works. The above Subjects will be explained with Soft, Hard copy in 1-4 weeks; as per ur needs. Ready-to-use Systems, Forms will be given for ur adoption. 1st Presentation is Free. My HR Training will save ur precious time, energy & money; and it will help ur P&A works for several years.
=======================================
Two of the Samples are given below for ur infn. & ref.
=====================================
1. ATTENDANCE CERTIFICATION FOR SALARY – H.R. PROBLEMS
Certification of Attendance of all empls.at the month-end; for Salary is an imp.task of all P&A.Managers.
Some Mgrs. face problems to Certify Attendance due to some of the employees
NOT Signing / Punching daily, NOT regularizing Leave, OD, OP, Co-Off. in time; Absenteeism,
Online, Manual Attendance NOT tallying etc.,
Causing delay to Certify Attendance for Salary;
delay Salary Payment; Resentment by employees etc.,
Big Cos.,specially; where 100s of employees works in 2-3 Shifts; P&A Mgrs. face the following problems; leading to employees grievances; representation to Seniors etc.,
1. Employees NOT signing in Attendance Regr.,NOT Punching while
entering & exiting, NOT following Shift Schedules.
2. Employees NOT writing Shift name disturbing Shift Allotment.
3. Employees while going out of Estt. during duty hours; NOT
submitting Approved OD, OP, Leave Card, Co-Off Appn. etc.,
4. Employee NOT regularizing Absence, W/Off, Holidays, Leave, Co-Off, OD, OP etc. within 2 days of NOT SIGNING and many COLUMNS ARE LEFT BLANK in the Attendance Regr. as on 30/31 of the MONTH; causing problems to certify Attendance.
5. Employees after working on Sundays, Holidays etc.,& after
taking Co-off, not regularizing with Co-off Appn., NOT
recording in Statutory Extra work-Co-Off Regr. etc.
6. Employees NOT putting small initial but big signature;
spoiling the Regr. / causing problems to others to sign.
7. Employees over-write in Attendance Regr., sign for others &
other errors, mistakes, violations.
My New Rules, Forms will give you imp. Guidelines, Procedures, to streamline Attendance Rules; reduce the problems to close the Attendance, Regularise Leave, Co-Off, OD OP, etc.,and help P&A. Mgrs., HODs, Accts.Dept. Auditors, GM/MD to overcome this monthly recurring problems & Comply with Co.& Statutory Rules.
============================================
2. WHY STANDING ORDERS (S.O.) / SERVICE RULES - I.D. ACT - ISSUES.
================================================== =========
A Certified STANDING ORDERS under the Indus. Emplmnt. (S.O) Act; empowers the Co. to take Disc. Action against its Erring Empl’s. for violating T&C in S.O. BUT; the Co. cannot punish an Empl’. for acts not included in the S.O.- SUPREME COURT.
Company Suspends, Terminates employees leading to grievances; Litigation, damaging Co.reputation; demoralizing; besides wasting Co.’s Money & time. TERMINATION WITHOUT ENQUIRY / NATURAL JUSTICE etc. IS ILLEGAL & Court can re-instate such Empl’s.
S.O. Act obliges Cos.with 50+ empl.to adopt/Certify S.O. to regulate Employment conditions, Master-Servant Relation -tobe Certified by DLC & displayed for infn. & compliance by Co. & all empls.
Imp. Do’s, Don’t’s Duties of Empl’s.,Mis-conducts for which empl’s. LIABLE FOR DISCI. ACTION-80 points. Imp.t&c. in Appt.Order.-for Sk.empl.-20,Suprvsrs & above-30.Pl. include Imp.acts/Conducts in S.O. & A.O.,and Follow PROCEDURES of NATURAL JUSTICE to make Co’s. action Legal. For Cos. not covered under SO Act, Service Rules are to be made for the infn. & compliance of empls.not covered by SO. Pl.
contact to share imp.t & c. to frame, Certify S.O.,S.R., A.O.,A.O.S., IDA problems etc.,
=====================
Every HR,P&A Mgr. must have all Imp. Acts, Systems, Rules, Forms to administer HR works effectively & Professionally; as P&A Mgr. is answerable to
F.I., L.I., PFI, Pension, ESI, Gratuity, PT, other Govt. Officers, Auditors, HODs, GM/MD, Employees etc., and he has to solve all employees problems; keep Records in Per. Files for future ref. DURING THE LIFE OF EMPLOYEES & CO. ITSELF.
If you have any of the HR.SRF problems, I can provide you all Updated “Ready to use”Systems, Rules etc., & assist you to implement them with my 35 yrs. exp. in 7 Mfg.Cos.at different places + 6 yrs in HR Consulting. Pl.contact to share more.
Kindly inform/forward this Msg. to ur Seniors,friends for their infn; Recommend to them to use my services to adopt the above SRF.
Thanking you & requesting your response.
C.N. Khan, HR & Mgmnt. Consultant. (Ex-AGM-HR&A..+ Secy.for ISO Certification) .
Ph: 9535470460- E-Mailid:
SANDUR, HOSPET. BELLARY Dist.,
Ex-Member, NIPM, Calcutta, Ex- Tr.Member, I.I.M., B;luru.
Languages known: Kannada, Tamil, Telugu + Hindi & English
From India, Mumbai
Dear CiteHR Members, Sir,
SUB: TRAINING on Important HR. SYSTEMS, RULES, Forms (SRF) to work HR ,
P&A. Dept. (Abbreviations used to save space)
================================================== ================================
I am providing Training to Company Officials, P&A Mgrs., Freshers; to ASSIST them to improve, update their P&A. works with S.O.P. for Factory, Mines, all Estts., Office Admn.; HR Auditing, Recruitment, Attendance, Salary, Benefit , Leave Admin., Leave Card System, Grading of employees, PA, PMS, HRIS, MIS., All Policies, Procedures, Legal, Statutory Compliance, C.L., Regn., Licence, PF, ESI, Inspection by F.I.,L.I.etc., from Recruitment to Separation - with all Systems, Rules, Forms for H.R. Management - in Soft & Hard Copy - for easy understanding & Adoption.
I am giving below some of the Imp. P&A. Systems, Rules, Forms(SRF) to help P&A Officials as some of them are NOT there in many Cos; Books, Google etc., When u Google for “MPIF,PA,MIS or S.O., IDA. etc.”; U will get 10+ Options; each different from the other. It confuses & you may not get the right answer, Forms u wanted; as u can get from me. Many Consultants don’t have these SRF. Hence, P&A. Mgrs. face problems to make HRIS, MIS Report to GM, FC, MD, Comply with Statutory Returns to FI,LI,ESI,PF, Pension,IT, PT,Bank etc.
I am providing Training for adopting, implementing the above SRF for
a. Attendance Certification problems for payment of Salary
(Employees not regularizing OD,OP,Leave etc.in time),
b. Optional-Holidays instead of Fixed Holidays to help HODs to
deploy M.P.for Essential works without violating Rules, OT etc,
c. Adopt Leave Card(LC)Systems instead of loose Leave Appn. due to
many benefits to P&A works; JSWSteel adopted LC in 1996 + SLR,SLL,
Kirloskar,Kalyani,BKG etc.;for Leave Admn; 1 Card for 1 empl. for
1 yr + Leave Rules on backside for infn.& compliance of all empls.
d. New Co.Appn.Form-60+ points to collect all personal details for
HRIS,Returns to FI,LI,ESI,PF,IT,PT,Bank,Nominee in 1 Form (instead
of piecemeal; which cannot be traced, causing problems later) to help P&A
Mgrs. to show all persnl.dtls. to GM,MD, FI,LI etc. Many Cos. adopted my Form as
their Form had below 20 points. Pl.check No.of points in ur Co.’s Appn).
e. M.P.I.Form to help HODs to give specific details of persons
to be recruited; to fill posts; specially, TECHNICAL posts.
f. Interview Assessment Form to help Panel Members, MD to assess,
Select, fix Design.Grade, Salary & Appoint the Right Person,
g. P.A.Form to Assess, Regularise Trainees, Confirm Probationers,
Promotion, SI & Grading of all employees into 27 Levels as per
Grading Chart to help HRD, Mgmnt.to fix Post, Grade, Salary &
to know No.of empls.-Grade & Dept-wise; for MIS, Returns etc.
h. Resignation-Acceptance, Notice Period, No Due Certificate,
Absenteeism, AOS Procedures, SC Notice, Enquiry, Termination,
Retrenchment, Relieving, F.S., etc. as per S.O., IDA.,
Our Group Consultants at B’lur, Chennai together have Developed 200+ Imp. HR Systems, Rules, Forms etc.,for the use of P&A, Accts.Works. The above Subjects will be explained with Soft, Hard copy in 1-4 weeks; as per ur needs. Ready-to-use Systems, Forms will be given for ur adoption. 1st Presentation is Free. My HR Training will save ur precious time, energy & money; and it will help ur P&A works for several years.
=======================================
Two of the Samples are given below for ur infn. & ref.
=====================================
1. ATTENDANCE CERTIFICATION FOR SALARY – H.R. PROBLEMS
Certification of Attendance of all empls.at the month-end; for Salary is an imp.task of all P&A.Managers.
Some Mgrs. face problems to Certify Attendance due to some of the employees
NOT Signing / Punching daily, NOT regularizing Leave, OD, OP, Co-Off. in time; Absenteeism,
Online, Manual Attendance NOT tallying etc.,
Causing delay to Certify Attendance for Salary;
delay Salary Payment; Resentment by employees etc.,
Big Cos.,specially; where 100s of employees works in 2-3 Shifts; P&A Mgrs. face the following problems; leading to employees grievances; representation to Seniors etc.,
1. Employees NOT signing in Attendance Regr.,NOT Punching while
entering & exiting, NOT following Shift Schedules.
2. Employees NOT writing Shift name disturbing Shift Allotment.
3. Employees while going out of Estt. during duty hours; NOT
submitting Approved OD, OP, Leave Card, Co-Off Appn. etc.,
4. Employee NOT regularizing Absence, W/Off, Holidays, Leave, Co-Off, OD, OP etc. within 2 days of NOT SIGNING and many COLUMNS ARE LEFT BLANK in the Attendance Regr. as on 30/31 of the MONTH; causing problems to certify Attendance.
5. Employees after working on Sundays, Holidays etc.,& after
taking Co-off, not regularizing with Co-off Appn., NOT
recording in Statutory Extra work-Co-Off Regr. etc.
6. Employees NOT putting small initial but big signature;
spoiling the Regr. / causing problems to others to sign.
7. Employees over-write in Attendance Regr., sign for others &
other errors, mistakes, violations.
My New Rules, Forms will give you imp. Guidelines, Procedures, to streamline Attendance Rules; reduce the problems to close the Attendance, Regularise Leave, Co-Off, OD OP, etc.,and help P&A. Mgrs., HODs, Accts.Dept. Auditors, GM/MD to overcome this monthly recurring problems & Comply with Co.& Statutory Rules.
============================================
2. WHY STANDING ORDERS (S.O.) / SERVICE RULES - I.D. ACT - ISSUES.
================================================== =========
A Certified STANDING ORDERS under the Indus. Emplmnt. (S.O) Act; empowers the Co. to take Disc. Action against its Erring Empl’s. for violating T&C in S.O. BUT; the Co. cannot punish an Empl’. for acts not included in the S.O.- SUPREME COURT.
Company Suspends, Terminates employees leading to grievances; Litigation, damaging Co.reputation; demoralizing; besides wasting Co.’s Money & time. TERMINATION WITHOUT ENQUIRY / NATURAL JUSTICE etc. IS ILLEGAL & Court can re-instate such Empl’s.
S.O. Act obliges Cos.with 50+ empl.to adopt/Certify S.O. to regulate Employment conditions, Master-Servant Relation -tobe Certified by DLC & displayed for infn. & compliance by Co. & all empls.
Imp. Do’s, Don’t’s Duties of Empl’s.,Mis-conducts for which empl’s. LIABLE FOR DISCI. ACTION-80 points. Imp.t&c. in Appt.Order.-for Sk.empl.-20,Suprvsrs & above-30.Pl. include Imp.acts/Conducts in S.O. & A.O.,and Follow PROCEDURES of NATURAL JUSTICE to make Co’s. action Legal. For Cos. not covered under SO Act, Service Rules are to be made for the infn. & compliance of empls.not covered by SO. Pl.
contact to share imp.t & c. to frame, Certify S.O.,S.R., A.O.,A.O.S., IDA problems etc.,
=====================
Every HR,P&A Mgr. must have all Imp. Acts, Systems, Rules, Forms to administer HR works effectively & Professionally; as P&A Mgr. is answerable to
F.I., L.I., PFI, Pension, ESI, Gratuity, PT, other Govt. Officers, Auditors, HODs, GM/MD, Employees etc., and he has to solve all employees problems; keep Records in Per. Files for future ref. DURING THE LIFE OF EMPLOYEES & CO. ITSELF.
If you have any of the HR.SRF problems, I can provide you all Updated “Ready to use”Systems, Rules etc., & assist you to implement them with my 35 yrs. exp. in 7 Mfg.Cos.at different places + 6 yrs in HR Consulting. Pl.contact to share more.
Kindly inform/forward this Msg. to ur Seniors,friends for their infn; Recommend to them to use my services to adopt the above SRF.
Thanking you & requesting your response.
C.N. Khan, HR & Mgmnt. Consultant. (Ex-AGM-HR&A..+ Secy.for ISO Certification) .
Ph: 9535470460- E-Mailid:
SANDUR, HOSPET. BELLARY Dist.,
Ex-Member, NIPM, Calcutta, Ex- Tr.Member, I.I.M., B;luru.
Languages known: Kannada, Tamil, Telugu + Hindi & English
From India, Mumbai
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