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*A STUDY ON LABOUR UNREST*

Its causes and remedies with reference to Rayalaseema Thermal Power Project : V.V.Reddy Nagar PROJECT REPORT
Submitted to

Dr. B.R. Ambedkar Open University


For Partial fulfillment of the requirements for the award of the degree of MASTER OF BUSINESS ADMINISTRATION By SANJEEVAIAH.N
Enroll No.: 008/MBA/99013504 Dr.B.R.A.O.U. STUDY CENTRE Silver Jubillee Govt. College, KURNOOL Under the Guidance and supervision of

Sri. D.Suresh Babu


M.Com., (AU&OU) PGDIP., LLM, FCS., General Manager Sree Rayalaseema Dutch Kaseenbouw Limited KURNOOL

Dr. B.R. Ambedkar Open University Study Centre


Silver Jubillee Govt. College KURNOOL
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ANNEXUREI
DECLARATION I hereby declare that the following students of MBA/PGDMM/ PGDBF students of Dr.B.R.A.O.U, Hyderabad are persuing research work under my guidance for the Academic Year 1999 and does not exceed eight.

The particulars of candidates of Dr.B.R.A.O.U (including the one whose synopsis I am signing now) who is working under my guidance for the Project Report for the Academic Year 1999 as given below: The following is the list of candidates working under me. 1.MR.N.SANJEEVAIAH

Name and Address of the Guide SRI.D.SURESH BABU GENERAL MANAGER M/s S.R.D.K. LTD., OFF.NO.40/304, K.J.COMPLEX, BHAGYA NAGAR, KURNOOL 4 (A.P.)

Signature of the Guide

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ANNEXURE II Dr.B.R.AMBEDKAR OPEN UNIVERSITY DEPARTMENT OF BUSINESS MANAGEMENT FACULTY OF COMMERCE


Proforma for Approval of Project Proposal

Enrolment No.
1. Name and address of the Student 2. Name of the Programme 3. Specialization (Strike off whichever is not applicable) 4. Title of the Project Report 5. Name & Designation of the Supervisor with office address : : :

Study Centre

Human Resource Management

: :

6. Is the Supervisor an Academic Counsellor: of Dr.BRAOU (please attach his/her Bio-data)

Signature of the Student Date :____________

Signature of the Supervisor

Approved

SIGNATURE OF DEAN, FACULTY OF COMMERCE Suggestions for improvement: 1. 2.

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ANNEXURE-3

PROJECT SYNOPSIS FORMAT


SYNOPSIS SHOULD COVER THE FOLLOWING ASPECTS IN BRIEF

1.INTRODUCTION OF THE STUDY 2.NEED FOR THE STUDY 3.STATEMENT OF THE PROBLEM AND HYPOTHESIS 4.OBJECTIVES OF THE STUDY 5.SCOPE OF THE STUDY 6.METHODOLOGY AND DATABASE 7.PERIOD OF THE STUDY 8.PLAN OF THE STUDY OR CHAPTERISATION

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ANNEXURE 4

CERTIFICATION
This is to certify that the Project Report titled LABOUR UNREST-ITS CAUSES AND REMIDIES WITH REFERENCE TO R.T.P.P. submitted in partial fulfillment for the award of MBA/PGDBF/PGDMM degree/Diploma of Dr.B.R.A.O.U, Hyderabad, was carried out by SRI.N.SANJEEVAIAH under my guidance.

This has not been submitted to any other University or Institution for the award of any Degree/Diploma/Certificate.

Name and Address of the Guide SRI.D.SURESH BABU, GENERAL MANAGER, M/s S.R.D.K. Ltd., OFF.NO.40/304, K.J.COMPLEX,BHAGYA NAGAR, KURNOOL-4 (A.P.)

Signature of the Guide

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ANNEXURE 5 DECLARATION
I hereby declare that this Project Report submitted by me to the Faculty of Commerce, Dr.BRAOU, Hyderabad is a bonafide work carried on by me is original and not submitted to any other University of Institution for the award of any Degree/Diploma/Certificate or published any time before.

Name and Address of the Student N.SANJEEVAIAH, S/O N.HANUMAT SARMA, Q.NO.E-6.R.T.P.P., V.V.REDDY NAGAR, CUDDAPAH(DT) PIN.516312.

Signature of the Student

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ACKNOWLEDGEMENTS I specially wish to place on record my deep sense of gratitude to my project guide Sri. D.Suresh Babu, General Manager of M/s. SRDK Ltd, Kurnool for his timely advice, Scholary guidance, Constructive suggestions and pragmatic help in completion of this project report.

My warmest personal thanks are due to Sri. Md. Ghouse, Regional Coordinator, Dr.B.R.A.O.U, centre, Silver Jubillee Govt. College, Kurnool for his inspiry and unitarily encouragement throughout the period of this project.

I am very much obliged to express my thanks for all the help done to me in conducting this project work by. SARVA SRI. 1. T.POORNA CHANDRA RAO, CHIEF ENGINEER/O&M 2. C.RADHA KRISHNA, DIVISIONAL ENGINEER/A&P 3. S.Siva Narayana , Safety Manager 4. A. Lakshmi Narayana B.Sc., Engg. Degree, DE/S/USB

I can thank for the kind cooperation in doing this project With necessitate on the computer works to sri.D.Visweswara Prasad A.E/T/office of S.E./CHP/RTPP & Kum L.Shyamala A.E./Computers office of C.E./O&M/RTPP.

The

workers, trade union Leaders and officers respondents of

R.T.P.P. deserves my highest compliments for providing necessary information Sanjeevaiah.N


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CONTENTS
CERTIFICATES APPROVAL LETTER ACKNOWLEDGEMENTS EXECUTIVE SYNOPSIS CHAPTER ONE : Introduction of the project CHAPTER TWO :Absenteeism Its effects CHAPTER THREE :Other aspects CHAPTER FOUR : Conclusion & Suggestions. BIBLIOGRAPHY 9-16 17-33 34-46 47-166 167-168 169

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EXECUTIVE SYNOPSIS TITLE: LABOUR UNREST ITS CAUSES & REMEDIES


-WITH REFERENCE TO R.T.P.P.
( I ) INTRODUCTION OF THE STUDY. 1.General:Rayalaseema Thermal Power Project (R.T.P.P.) is one of the major power generation facility developed in Andhra Pradesh to meet the growing demand for power. The project is envisaged the installation of 2X210 MW thermal Generation units under stage-I. The FIRST 210MW unit came for commercial operation on 25.11.1994 and the SECOND unit on 30.03.1995. 2.Location:The project is located at a distance of 8Kms from Muddanur Railway station of South Central Railway on the Chennai-Mumbai Railway line. The site located is also adequate distance from the populous towns and the land is Government land not to put to any use .The water requirement for the project is envisaged to be supplied from the Mylavaram reservoir which is 21 Kms away from the project .It is quite near to the existing railway line and transmission line of Andhra Pradesh grid. 3.Object of the Project:The Rayalaseema region is in the southern part of the state, and most of the generating facilities are in the Northern part of the state, except for two major Hydel stations in the central part of the state. The Rayalaseema region therefore gets its power needs through long EHT lines and frequently faces the low voltage problems particularly during SUMMER when the Hydel stations generation goes down. The region is a drought prone area and has to depend on industrial growth for its economic development. 4. Project cost:The original cost of the project as approved by the planning commission is Rs.503.71 crores. The revised cost of the project based on actual expenditure is Rs.860.30 crores and the increase over original cost is about 70%. FINANCIAL STRUCTURE; (Rs. In crores) ADB loan 462.00 ADB-PFC co financing 136.24 PFC term loan 105.00 ICICI lease finance 17.65 Internal resources 139.41 ---------860.30 ---------A STUDY ON LABOUR UNREST Page 9 of 169

5.Initial troubles faced:The plant is supplied, erected and commissioned by the following agencies on turnkey basis. a. Boiler, Turbine and Auxiliaries M/s BHEL b. Coal Handling plant M/s L&T c. Ash Handling Plant M/s L&T d. DM Plant M/s Incon e. Cooling Tower M/s NBCC f. Chimney stack M/s Indwell Construction M/s Raksum Engg. M/s EDCO M/s Progressive Construction M/s K.Rama Subba Reddy The Project has faced some teething troubles during construction, testing, commissioning stages and lot of efforts was put forth by the Engineers and departmental staff for over coming these troubles. During the commissioning stages of Unit-I, there was an unfortunate fire accident in December 1994 which led to the stoppage of the Unit-I for complete one year and it was rehabilitated and brought back into the service during November ,1995. The ash handling system also had some design deficiencies and the same were pointed out and rectified to make the ash plant work satisfactorily for handling the full generation. The coal handling plant, there were erection defects at wagon tipplers and the same were rectified after studying in detail the site conditions. In the Boilers, in the HTR coils are the shop joints have failed number of times and as such the stainless steel pipe joints were incorporated and there by the tube failures have been reduced. Further, during the regular operation of the plant, as many as 33 modifications in the C&I system were carried for avoiding spurious trippings of the units and for stable operation of the units. All these modifications and alterations have been made for efficient and stable operation of the units, and thereby a tremendous improvement and Availability and Plant Load Factor was achieved during the last five years at RTPP. 6.Operational Data:The year wise operational data shows the performance of the plant:(i) Generation (MU):YEAR UNIT-I UNIT-II STATION 1994-1995 11.7770 10.9356 22.7306 1995-1996 348.1379 979.3662 1327.5041 1996-1997 1224.2140 1212.3218 2436.5358 1997-1998 1456.4180 1526.1548 2982.5728 1998-1999 1707.2570 1657.7989 3365.0559 1999-2000 1742.0120 1758.3422 3500.3542 2000-2001 1753.8650 1721.5171 3475.3842 2001-2002 1675.0280 1725.7750 3400.8030
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(ii)

Running Hours(Hrs-Mts):-

YEAR
1994-1995 1995-1996 1996-1997 1997-1998 1998-1999 1999-2000 2000-2001 2001-2002 (iii)

UNIT-I

UNIT-II
238-41 2365-36 7448-21 7755-57 8304-37 8354-26 8377-29 7888-40 151-31 6303-46 6704-45 8204-46 8068-59 8384-17 8332-01 8149-33

STATION
195-06 4334-41 7076-33 7980-22 8198-35 8369-32 8354-46 8019-06

Plant load factor (%);-

YEAR
1994-1995 1995-1996 1996-1997 1997-1998 1998-1999 1999-2000 2000-2001 2001-2002 (iii)

UNIT-I
23.50 53.39 66.25 79.17 92.81 94.44 95.34 91.05

UNIT-II
34.43 53.10 65.90 82.96 90.12 95.32 93.58 93.81

STATION
27.74 53.25 66.22 81.07 91.46 94.88 94.46 92.43

Specific Oil consumption (ml/kwh), Auxiliary power consumption (%), DM water consumption (%), Availability factor (%), Heat Rate (Kcal/kwh), Cost of Generation:-

YEAR
1994-1995 1995-1996 1996-1997 1997-1998 1998-1999 1999-2000 2000-2001 2001-2002

Sp.oil

Aux.po. DM
27.94 12.68 12.15 10.48 09.94 10.15 10.09 09.79

AVF
3.77 4.92 3.92 2.82 2.69 2.38 2.06

HR COG
04.21 80.87 88.37 91.10 93.50 95.30 95.37 91.34 3360 2733 2503 2428 2348 2304 2380 1.30 1.48 1.22 1.51 1.53 1.20 1.48

256.48 7.27 5.13 1.39 0.91 0.83 0.70 0.49

7. Cost of coal reaching RTPP:The cost of coal reaching RTPP is as shown below (Pit Head cost & Transport cost):-

S. no. Source Mode 1. Yellandu Rail 2. Rudrampr Rail 3. Bellampalli Rail 4. Manugur Rail 5. Mandamarri Rail 6. Ramagundam Rail 7. Talcher Rail 8. HOM Rail-sea-Rail

PH cost 829.40 829.40 1418.04 1308.84 1176.76 1308.84 472.68 472.68

T.cost 548.70 579.40 587.00 629.40 579.40 556.60 1096.10 1262.16

Total Grade 1378.10 FRC 1408.80 FRC 2005.04 ST-C 1938.24 CCR 1756.16 DCR 1865.44 CCR 1568.76 F4 1734.84 F4

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8.Achievement of Silver& Gold medals:The performance of the units of RTPP has improved since last five years (The figures indicated in para 6) and the Central Electricity Authority has considered RTPP for the silver medal for the year 1997-98 and Gold medal for the year 19981999,1999-2000,2000-2001,2001-2002. RTPP achieved highest Plant Load Factor in APGENCO for the year 1999-2000. RTPP stood INDIAs first for the years 19981999 &2000-2001.RTPP stood second in the country for the years 1999-2000& 20012002. RTPP Qualified for the Specific oil consumption award of Central Electricity Authority for the years 1996,1997,1998,1999,2000,2001 and Auxiliary power consumption award for the years 1996,1998&1999. 9.Regularisation of Contract Labours:As many as 885 contract labours working at different locations have been regularized as permanent staff, after has given orders out of which 223 are JPAs and 662 Man Mazdoors/Women Mazdoors. Industrial harmony is prevailing in the plant and no untoward incidents have occurred during the last five 5 years. 10.Sports/Cultural activities:Apart from engaging fully for the establishment of records in power generation, the RTPP has also actively sponsored various sports& cultural activities. The RTPP sports council has conducted the following tournaments. 1.APSEB inter circle Athletic meet 2. APSEB inter circle Table Tennis meet 3. APSEB inter circle Woman Employees meet 4. APSEB inter circle Carrom meet 5. All India Electricity Sports council Board Women Employees 6. 7th All India Electricity Board chess tournament 7. All India Electricity Board T.T. tournament 8. All India Electricity Board Basket ball tournament 9. APGENCO inter project foot ball tournament 10. APGENCO inter project lawn tennis tournament *proposed * 11. Details of Fly ash utilization &Plantation:YEAR 1994-1995 1995-1996 1996-1997 1997-1998 1998-1999 1999-2000 2000-2001 2001-2002 Issues in MT 41,244 57,210 60,998 76,644 81,134 1,24,765 1,89,999 Plantation in Nos. 3,200 10,650 6,460 9,500 6,500 March, 1998 July, 1998 September, 1998 October,1998 March, 1999 August, 2000 February,2001 February, 2001 October ,2002 February,2003

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A fly ash brick plant is constructed in the plant itself and the fly ash is issued at free of cost to the cement factories, private fly ash brick plants and farmers for cultivation. 12.Environmental development:Measures have been taken to check environment pollution by plantation viz., Avenue plantation, development of green belt area, lawns, gardens were extended in and around RTPP to establish environmental and ecological balances . Previously ash water from the ash pond was let out into the Kalamalla vagu. It is now being stored in the tank and recirculated back to the plant. As such water pollution has been effectively controlled. Also Oxidation pond for treatment of sanitary effluents was commissioned on 03.01.1998. The chimney emission is restricted by Electro static precipitators and is monitored by Environmental wing regularly. 13. Welfare Measures:Effective welfare measures have been instituted to eradicate the prevailing Jaundice, Viral fevers such as Malaria, Typhoid etc., in recent times by providing ample quantities of medicines in project hospital and treatment by specialist doctors from reputed hospitals in PRODDUTUR to all the residents of the project besides local treatment by Board Doctors. Fogging in entire colony area has been done periodically to help eradication of Malaria Borne Mosquitoes. In view of intensive and special drives and protected water supply, jaundice and viral cases have been substantially eradicated. Drinking water arrangements were improved by taking the water from the existing reservoir instead of from bore wells, which has shown a qualitative change. The expenditure incurred towards purchases of medicines, lab chemicals, and medical reimbursement charges etc., is indicated as detailed below year wise. Year 1996-1997 1997-1998 1998-1999 2000-2001 2001-2002 Expenditure 08,05,581-00 07,68,468-00 13,63,483-00 17,07,591-00 21,04,366-00

Testing facilities:In clinical lab Urine testing, Blood testing, ECG and X ray are being done. 14.Education facilities:One number Telugu medium school of Saraswathi sisu Mandir and One number DAV school of English medium have been established at RTPP for the facilities of the employees. Two stored buildings for the both institutions constructed separately and both run classes from NURSERY to Xth class.
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15.Other facilities:A departmental Guesthouse provided for the VIP's who visits & inspects RTPP. A Community hall has been constructed by the department for the marriage of the staff and for the functions. One number Executive bus for the non-workmen and two numbers for the workmen have been provided through APSRTC on hire basis to go to the near by town Proddutur by the department. A post office and Andhra bank are provided with in the campus. Fancy stores, Vegetable market facilities, Flour mill are also provided with in the compound through tenders. For Entertainment Cable T.V. arrangement are also provided by the staff. Religious Temples were constructed with in the compound by the donation of the staff. A Gym point set up in the colony through MP LAD scheme by Sri.Y.S.Vivekanda Reddy. 16.RTPP Stage II The second stage of 2X210 MW (UNIT3&4) which was envisaged during 1994 has been now cleared and the same is awarded to M/s ZHEJIANG MACHINERY AND EQUIPMENT IMPORT/EXPORT CORPORATION,CHINA on BT basis for total fixed price of 287,987,836.30US(Dollars) (Rs.12671.46479 Millions) 17. Conclusions on RTPP:The achievement at RTPP , as mentioned in the above paras, have been made, inspite of the following constraints. 1.Very poor grid voltage in the system , during summer where by the station was not able to achieve the full capacity of generation for the capacity erected. 2.The station is located in an isolated place far from the basic infrastructure needs necessary for the power project. Inspite of all the above constraints mentioned the RTPP station has achieved laurels in the power generation scenario of the state/country with all the combined efforts of all the employees of RTPP. (II) Need For The Study:The employees who are working in certain areas are limited to that specified area only. The workers who are working in Coal plant, Wagon tippler, Ash handling plant, Turbine maintenance, Electrical maintenance, Instrumentation and Control and Boiler Maintenance and other wings are not willing to change their respective location due to the trade union differences. The workers who are working in places like Ash plant, Coal plant etc., dust prone areas and there will loose their health during long working hours. The workers who are working in Turbine maintenance, Electrical maintenance, Instrumentation and Control are acquiring good knowledge over their wings during long tenure and they are not willing to change in their working place.
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At the same time, the Engineering staff is changing from dust prone area to main plant when there is a recruitment of Engineers. The new engineers are posted to dust prone areas and senior engineers are posted to main plant. Hence there is a need to change the workers from the dust prone areas to dust free areas. (III) STATMENT OF THE PROBLEM AND HYPOTHESIS:The workers who are working at dust prone location and more no. of maintenance problems location are having UNREST. Due to unrest, the workmen are having dissatisfaction and they may loose their concentration in working. The workmen who are working at dust free location and less no.of maintenance problems (except annual overhaul works) are having light duties. The problem is changing over the workers form heavy working condition areas to light work areas and vice versa. During investigation, it is found that the workers who are working at their locations are having well of knowledge in practical. During investigation, it is also found that the local trade unions and also politicians are obstructing the location change. Hence remedial measures are essential to eradicate the labour unrest. (IV) OBJECTIVES OF THE STUDY:All the workers are to be transferred to dust prone areas to dust free areas on time basis. The objectives of the project are as follows:a. To find out the reasons for absenteeism. b. To investigate the reasons for the absenteeism. c. To locate the reasons for the unrest. d. To investigate the reasons for accidents. e. To study the leave regulations. f. To study the promotion policy. g. To study the transfer policy. h. To investigate the disciplinary action cases. (V) SCOPE OF THE STUDY:The labour unrest is due to a. Labour and Management relations. b. The data regarding Grades of the employees, Pay scales of the employees and other relevant data existing in the project. c. The working conditions, which exist in the project. d. The incentive policy, issue of bonus system, which is existing in the project. e. The standing orders which are available in the project. f. The committee's role in reduction of labour problems and maintaining relationship between the employee and the employer. (VI) METHODOLOGY&DATA BASE:By applying the methods like system improvement, reducing trade unionism, reducing political interference the plant can be run much more smoothly. The Information may be extracted from the primary and secondary sources.
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The primary sources are like Questionnaire, Face to face interview, the information have been collected from the various types of employees and officers from all types of wings of the plant. (VII) PERIOD OF THE STUDY:Since commissioning of the plant i.e., from 1994 to till to date, all types of labour problems are discussed. From the construction period to this level of operation the labour position, working conditions, accidents, Absenteeism etc., are discussed in detail. (VIII) PLAN OF THE STUDY (or) CHAPTERISATION:TITLE: LABOUR UNREST ITS CAUSES & REMEDIES -WITH REFERENCE TO R.T.P.P. Chapter Description Chapter 1. Introduction of the Project 1.1 Introduction of the study 1.2 Need for the study 1.3 Statement of the problem & Hypothesis 1.4 Objectives of the Study 1.5 Scope of the study 1.6 Methodology & Data Base. Chapter 2. 2.1 2.2 2.3 2.4 2.5 Chapter 3. 3.1 3.2 3.3 3.4 3.5 3.6 3.7 Chapter 4. 4.1 4.2 Absenteeism -Its effects. Rate of production in relation to Absenteeism. Absenteeism- Reasons. Management policies and disciplinary cases Working conditions - impact on absenteeism. Incentive - impact on absenteeism. Other aspects. Promotion policy - its effects. Transfer system - its impact. Leave regulations - its impact. Trade Unions - Political interference. Accidents - its impact Lack of training - its impact Contractors - impact on production. Conclusions & suggestions. Conclusions. Suggestions. BIBLIOGRAGHY. Labour Problems by V.V.GIRI. Labour Problems by Shukla & Ghoush Labour Problems by Kuchel Industrial Organisation & Engineering Economics by Banga&Sarma Industrial Management by M.M. Sharief. Human resource planning by Dr. B.R. A. OPEN UNIVERSITY.
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1. 2. 3. 4. 5. 6.

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CHAPTER ONE : INTRODUCTION OF THE PROJECT GLOSSARY


Performance parameters and many other terms used in this report are defined here. These definitions are regarded as generally descriptive of predominant and objective practice and have been provided to serve as a guide for the readers of this report to ensure consistency and uniformity interpretation of these terms.

THERMAL UNIT : A type of Electricity Generating Unit where the source of energy for the prime mover is Heat.

GENERATING UNIT/UNIT : An Electric Generator together with its prime mover.

AUXILIARY EQUIPMENT: Accessory equipment necessary for the operation of a generating station like fans, pumps, mills, conveyors, crushers, pipes and feeders.

GENERATION :

The act of process of transforming the form of energy into

electric energy or the amount of energy so produced, expressed in terms of Kilowatt Hours. Generation data used in this report is gross generation, which is the total amount of electric energy produced by the generating Units Units.

MEGAWATTS MW :

One Megawatt (MW) is equal to 1000 kilowatts.

MILLION UNITS or GWH :It represents electrical energy. Million Unit (MU) or GWH is one million units of electric energy or 106 Kilowatt Hour.

AVAILABILITY FACTOR (AF) : The ratio of available Megawatt Hours in the reference period to the total megawatt hours that the plant is capable of generating at full load during reference period. It is expressed in percentage and calculated as under: Operating hours over the reference period X Generating capacity AF =
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X 100 17

Total hours in the reference period X Generating Capacity CAPACITY UTILISATION or LAND FACTOR (PLF) : The ratio of the electrical energy produced in the reference period to the maximum possible energy that could have been produced had the generating capacity been operating continuously at its maximum level during the reference period it is expressed in percentage and is calculated as under. Gross hourly generation over the reference period PLF = Total hours in the reference period X Generation Capacity X 100

LOADING FACTOR (LF) : The ratio of the electrical energy produced during the operating period to the maximum possible energy that could have been produced had the generating capacity been operating continuously at its maximum level during the operating period. It is expressed in percentage and calculated as under. Gross generation during the operating period LF Total operating hours X Generation Capacity RESERVE SHUTDOWN : Non-Utilisation of available Unit due to its complete shutdown for want of load. FORCED OUTAGE : The occurrence of a component failure or other X 100

conditions, which require that the Unit be removed from service immediately without giving any advance notice.

PLANNED OUTAGE : The removal of Unit from service for inspection and/or general overhaul of one of more major equipment groups. This is the work, which is usually scheduled well in advance generally at the time when the annual overhaul of boiler or capital maintenance of TG set initialised. MAXIMUM PEAK (MW) : The maximum generation (expressed in MW) by the Unit to meet the great of all demands of the load under consideration which have occurred during the month. TRIPPING: The occurrence of a component failure or other conditions

which requires the Unit to be removed from service either manually or automatically on protections.

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AUXILIARY CONSUMPTION :

Electricity consumed by the unit/ station

auxiliary systems for starting up or running the unit or auxiliary systems. OIL COMSUMPTION : Total oil consumption [Furnace Oil (FO), High

Speed Diesel oil (HSD) and Light Diesel Oil (LDO)] by a generating Unit during the reporting period, expressed in Kilo Litres.

SPECIFC OIL CONSUMPTION:

Total quantity of coal consumed or

bunkered by the Unit during the reporting period expressed in Metric Tonnes (MT).

SPECIFIC COAL CONSUMPTION : Total coal consumption divided by the generation of the Unit during the reporting month expressed as MT/Gwh or Kg/Kwh.

GROOS HEAT RATE: The ratio of total heat input divided by energy generation by the Unit during the operating period and is calculated as under.

Heat Input (million Kilo Calories) Hea Rate (K.Cal / Kwh) = Generation (Million Kwh)

Where

Heat input = Total Coal consumption X Calorific Value of Coal + total Oil Consumption X Calorific Value of Oil.

FINANCIAL YEAR :

Considered from April to March.

COMMISSIONING YEAR: Refers

to the time span of 12 months from

the first month of commissioning. The first month is taken as the month following the month in which the Unit was commissioned as communicated by CEA in their Monthly Power Supply Position Bulletin.

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Comparison between various SEBs and Utilities


Various SEBs and utilities are ranked on the basis of their PLF during 1999 2000 and are shown below APGENCO stood first during 1995-96, 1996-97 and 1997-98. Ranking of SEBs / Utilities
Rank 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 1 2 3 SEB/Utility OPGC APGENCO Rajasthan KPGL Punjab Tamil Nadu Maharashtra Madhy Pradesh Gujarat WBPDC Haryana Utter Pradesh Delhi West Bengal Doman Bihar Assam NTPC NHPC DGPC BSES CEMC TELK 92-93 34.50 65.00 77.01 49.40 58.30 65.20 59.70 52.50 61.60 58.10 50.03 50.50 54.00 31.10 -25.20 24.30 69.90 56.40 32.30 67.50 --57.27 93-94 35.50 68.70 80.96 66.90 63.50 69.00 64.10 56.10 60.40 68.20 40.41 50.20 48.90 40.50 -24.40 19.90 78.09 55.30 42.30 71.40 --61.00 94-95 29.05 70.10 75.59 64.00 56.66 68.42 61.24 58.15 60.42 60.41 44.70 43.85 53.85 40.95 26.54 19.97 22.86 76.60 60.17 38.10 73.90 75-59 62.92 60.15 95-96 39.36 78.16 72.90 67.92 55.13 78.08 64.92 59.09 65.26 57.66 42.82 47.49 51.59 34.51 26.44 17.48 26.76 78.80 67.61 37.67 67.70 79.11 72.77 63.13 96-97 69.40 78.14 75.70 69.98 65.70 72.30 68.70 62.30 64.80 56.50 47.66 49.10 41.70 39.20 29.50 15.30 27.10 77.00 70.30 35.60 73.60 73.20 68.80 64.55 97-98 66.20 82.32 82.15 75.20 69.00 68.00 68.30 66.10 65.72 52.80 49.50 48.70 47.00 39.90 25.20 16.00 21.30 74.40 72.50 38.40 84.30 76.80 63.80 64.70 98-99 72.20 77.64 78.82 81.74 69.40 65.70 67.50 68.18 63.50 60.60 49.03 49.14 40.79 36.70 18.00 26.76 19.13 76.56 73.60 35.55 74.80 72.40 61.00 64.60 99-00 85.60 83.18 82.26 82.00 74.27 72.30 71.77 71.70 63.40 56.00 53.10 50.56 50.00 39.90 24.80 19.70 17.90 80.20 73.30 35.80 ---63.70
Changes*

SEBs
9.40 5.54 3.44 0.26 4.87 6.60 4.27 3.52 -0.10 -4.60 4.07 1.42 9.21 3.20 6.80 -7.06 -1.23 3.64 -0.30 0.25 ----0.90

Central Sector

Private Sector

All India

* Change over previous year

List of Power Stations whose PLF is 70% & above


S.No Plant State 92-93 93-94 94-95 95-96 96-97 97-98 98-99 99-00 Change*

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Dadri Rayalaseema Singrauli Ramagundam B Kithagudem V Stg Vijayawada Dahanu (BSES) Korba Unchahar Kota Sabarmati(AEC) Wanakbori Raichur (KPCL) Rihand Badarpur Tuticorin Anpara Bhusawal Mettur Ramagundam Satpura Chandrapur Ropar Neyveli - II Titagrh (CESC) Korba - II Neyveli - I Vindhachal Parli Kaparkheda Korba -III Gandhinagar Farakka Sikka HTPC Station

U.P A.P. U.P A.P. A.P. A.P.


Mahastra

.. .. 75.20 40.29 .. 76.90 .. 70.30 .. 77.01 .. .. .. 73.90 74.10 76.00 74.50 71.20 .. .. .. .. 53.43 75.40 .. .. .. .. .. .. .. .. .. ..

73.20 .. .. 81.50 65.87 .. .. 80.30 .. .. 77.90 .. 80.76 70.90 .. .. 78.40 72.00 73.60 75.60 .. 76.40 79.30 .. .. 60.57 .. 71.50 .. .. 75.40 .. 77.40 .. .. .. ..

60.71 81.57 64.59 .. 84.37 76.05 52.31 75.59 78.57 64.90 64.88 73.92 73.00 68.27 70.47 68.86 75.99 78.79 57.95 55.03 57.39 60.43 78.01 56.81 59.55 78.33 57.92 83.90 52.45 69.34 81.48 62.43

64.85 70.85 85.30 68.19 .. 91.71 52.13 83.48 84.19 72.90 75.62 62.72 67.92 86.77 65.21 84.57 73.00 61.85 80.51 79.92 60.13 69.75 55.69 70.25 83.04 72.29 61.06 83.77 54.21 69.08 53.11 85.26 54.21 62.25

82.60 66.22 87.80 69.05 93.08 73.10 85.70 80.20 75.70 80.60 65.40 69.98 76.20 65.32 79.40 82.20 58.93 79.70 85.20 65.08 73.30 65.00 74.30 82.40 79.95 60.37 84.20 62.80 89.70 60.03 72.50 50.61 73.40

87.20 81.07 84.20 73.07 93.39 93.83 85.00 85.30 80.10 82.15 71.64 74.80 75.20 87.30 72.60 75.20 78.80 74.60 73.80 89.00 73.30 71.20 70.34 72.60 81.53 80.80 65.41 79.30 64.49 83.60 71.20 67.54 42.86 68.13

91.43 96.42 91.46 94.88 90.17 93.95 69.47 90.50 82.46 89.56 89.04 86.93 76.55 86.26 87.23 85.78 82.17 85.73 78.82 84.57 74.81 82.99 76.30 82.49 81.71 82.00 77.83 81.73 78.74 81.44 71.71 80.80 76.83 80.27 68.56 80.19 68.00 78.40 86.21 78.09 76.32 77.10 65.52 76.94 70.02 74.12 74.30 74.04 85.85 74.03 75.17 71.06 71.77 71.04 90.00 70.61 74.20 68.12 80.21 67.21 79.76 64.17 68.38 57.64 39.07 48.46 42.51 45.67

4.99 3.42 3.78 21.03 7.10 -2.11 9.71 -1.45 3.56 5.75 8.18 6.19 0.26 3.90 2.70 9.09 3.44 11.63 10.40 -8.12 0.78 11.42 4.10 -0.26 -11.82 -4.11 -0.73 -19.39 -6.08 -13.00 -15.59 -10.74 9.39 3.16

M.P. U.P Rajasthan Gujarat Gujarat Karnataka U.P Delhi T.N U.P Mahastra T.N A.P. M.P. Mahastra Punjab T.N W.B M.P. T.N M.P. Mahastra Mahastra M.P. Gujarat W.B Gujarat

* Change over previous year

Capacity Group wise PLF


1992-93 Groupg 50 MW 250 MW 200/210 MW 140/150 Mw 120 MW 110 MW 62.5/67.5 MW 60 MW 20/40 MW Total All A.P. India 71.08 ---1993-94 All Inida 74.50 -42.70 44.20 A.P 1994-95 1995-96 A.P 1996-97 All Inida -- 78.14 -- 72.94 -- 53.10 -- 44.06 A.P 1997-98 All Inida --A.P 1998-99 All Inida --A.P 1999-00 All Inida --A.P -All All A.P Inida Inida -- 73.48 -- 79.99 ---- 54.96 -- 45.37 -- 45.75

-- 81.87 93.39 75.25 82.46 -- 51.38 -- 44.07 -------

-- 89.56 -- 88.92 -----

61.80 76.90 68.50 80.30 66.01 84.40 68.10 88.73 70.32 86.37 71.13 90.64 71.72 89.65 38.24 -47.52 --- 44.70 -- 43.60

41.10 49.80 43.50 51.30 40.40 49.10 39.93 58.13 42.93 56.41 44.10 64.11 51.69 40.29 55.20 65.87 54.30 64.59 58.77 68.19 57.90 69.05 61.64 73.07 49.00 59.69 40.40 63.12 44.90 57.43 49.95 57.79 48.62 66.37 44.64 58.13 37.31 39.07 32.42 41.85 37.86 34.67 34.80 49.08 31.42 42.21 35.85 44.23

-- 42.68 -- 69.47 -- 55.58 -- 36.35

-- 60.14 -- 78.09 -- 76.63 -- 48.55

57.27 64.90 61.00 66.70 60.15 70.10 63.13 78.16 64.55 78.14 64.70 82.32 64.60 77.64 67.30 83.18

A.P. Grid Important Events


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01 02 03 04 05 06 07 08 09

Maximum Thermal Load Maximum Hydro Load Maximum APGENCO Load Maximum A.P.Grid Demand Maximum Thermal Energy Maximum Gas Energy Maximum Hydro Energy Maximum A.P.GENCO Energy Maximum AP Grid Energy

2819 MW 2307 MW 4999 MW 6684 MW 67.704 MU 6.406MU 46.980 MU 109.489 MU 144.529 MU

19-03-2000 28-08-1999 26-08-1999 23-03-2000 30-12-1999 22-07-1999 14-08-1999 25-08-1999 20-03-2000

Hydro Generation Target vs. Actual Generation & Auxiliary Consumption


Station Machkund Tungabhadra Upper Sileru Domarayi Canal Ph Lower Sileru Srisailam Nagarjuna Sagar N.S.Right Canal PH N.S.Left Canal PH Pochampad Penna Ahobilam Nizam Sagar Singur M.H.Hydro Hydro Capacity (MW) 120 72 240 25 460 770 810 90 60 27 20 10 15 7 2726 Target (MU) 770 200 450 80 1150 3000 2600 200 100 90 13 18 32 9 8712 Generation (MU) 735.34 224.38 444.35 118.79 1264.12 2974.24 2397.17 202.89 85.28 16.80 16.80 5.17 0.74 5.65 8592.18 Auxiliary Consumption MU % 3.89 0.53 0.44 0.20 0.32 0.07 1.07 0.90 3.15 0.25 8.33 0.28 13.91 0.58 5.96 2.94 1.12 1.32 0.76 0.65 0.24 1.46 0.22 4.21 --0.31 5.42 39.73 0.46

Running hours and Generation of Unit Since Commissioning


Station/ Stage VTPS I Running hours Generation (Hrs:Mts) (MU) Unit -1 01-11-1979 154437.29 30187.76 Unit 2 10-10-1980 148903.07 29227.40 VTPS II Unit 3 05-10-1989 78951.33 16296.06 Unit 4 23-08-1990 70716.33 14392.99 VTPS III Unit 5 31-03-1994 44544.10 9607.23 Unit 6 24-02-1995 39859.50 8495.18 RTPP Unit 1 31-03-1994 34469.58 6489.41 Unit 2 25-02-1995 37817.08 7144.76 KTPS A Unit 1 04-07-1966 250570.30 10582.55 Unit 2 27-11-1966 247394.27 10646.03 Unit 3 27-05-1967 225703.13 6950.52 Unit 4 08-07-1967 233354.50 9831.96 KTPS B Unit 5 13-08-1974 138820.16 10655.22 Unit 6 19-12-1974 136176.04 10473.68 KTPS C Unit 7 10-03-1977 136136.33 1032.74 Unit 8 10-01-1978 136474.51 10346.15 KTPS V Stg Unit 9 27-03-1997 21812.39 5111.73 Unit - 10 28-02-1998 16033.43 3734.62 RTS B Single Unit 17-10-1971 200065.06 10585.90 NTS* Single Unit 13-05-1965 229965.09 4804.03 * Boiler 1 Running Hours 212787.30 and Boiler II Running Hours 203360.35 Unit Date of Commissioning

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Data of capital overhaul carried out :

Over haul works carried out on Unit I


Overhaul
First Overhaul

Period
25-08-1996 to11-09-1996

Works carried out


Annual over haul (During the period of failure of Raw water pipe line) 1) Generator rotor was replaced 2) Acid cleaning of condenser tubes 3) L P Turbine overhaul. Annual Overhaul Annual Overhaul 1) Annual Overhaul 2) Bullet cleaning of Condenser 1) Replacement of all the three 220KV bushings of GT1 2) Through the cleaning of core & Windings of GT1 3) Complete overhaul of GT1 4) Modification of Generator rotor stoppers 5) Generator Overhaul 6) Acid cleaning of condenser of UNIT I 7) Replacement of IPW joints by new spool pieces in LTR Zone 8) Replacement & overhaul of HT

Second Overhaul 30-08-1997 to 30-09-1997

Third Overhaul Fourth Overhaul Fifth Overhaul Sixth Overhaul

06-10-1998 to 18-10-1998 19-12-1999 to 28-12-1999 24-09-2000 to 04-10-2000 12-6-2001 to 12-07-2001

Over haul works carried out on Unit II


Overhaul
First overhaul

Period
25-08-1996 to 18-10-1996

Works carried out


Annual Overhaul Works LP Turbine Overhaul. Annual Overhaul works. Acid cleaning of Condenser. Annual Overhaul works. Annual Overhaul works Annual Overhaul works. Acid cleaning of Condenser. Annual Overhaul works. Acid cleaning of Condenser.

Second Overhaul 01-11-1997 to 15-11-1997 Third Overhaul Fourth Overhaul Fifth Overhaul Sixth Overhaul 08-09-1998 to 15-11-1998 04-01-2000 to 12-01-2000 21-11-2000 to 01-12-2000 08-10-2001 to 25-10-2001

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STAGE.I (UNIT-I ) SALIENT FEATURES Unit-I was commissioned on 25-11-1994. While the unit was under stabilization period, a fire accident occurred on 15-12-1994 and the unit was taken for rehabilitation works. Unit-I was again synchronized with grid on 22-11-1995 after the completion of rehabilitation works by M/s.BHEL. The unit was not in service from 25-08-1996 to 11-09-1996 due to the failure of raw water pipe line from Mylayaram Reservoir to RTPP. The third Overhaul was completed in a record time of 9 days. During the rehabilitation works during 1995, the H.P Turbine was overhauled. UNIT I BEST PERFORMANCES/HIGH LIGHTS:Month Highest Generation 160.098 MU Dec, 2000 Highest PLF 102.47 % Dec, 2000 In addition to the above, the unit-I has achieved the following bests. Unit Ml/kwh Kg/kwh % % K cal/kwh Actual 0.022 0.553 9.3 1.16 2123.38 Targets 2.00 0.75 10.5 3.00 2400 Month Feb, 2001 Jan, 2002 Dec, 2001 Mar, 2002 Dec, 2000

i) Sp. Oil consumption ii) Sp. Coal consumption iii) Aux. Power Consumption iv) DM Make up v) Unit Heat Rate

Maximum no. of days of continuous operation of Unit-I so far : 110 days (from 17-09-01 to 06-01-02) STAGE.I (UNIT-II) SALIENT FEATURES Unit II was commissioned on 25-02-1995. One limb of GT-2 failed on 14.08.1995. As the unit-I was under rehabilitation works during that period, the GT2 was replaced with GT1 and the repaired GT2 was erected for in Unit-I. The fourth Overhaul works were completed in a record time of 9 days. UNIT-II BEST PERFORMANCES/HIGH LIGHTS:Month Highest Generation 158.6652MU Oct, 1999 Highest PLF 102.48 Nov, 2001

In addition to the above, unit-II has achieved the following bests.


Unit i) Sp. Oil consumption Ml/kwh ii) Sp. Coal consumption Kg/kwh iii) Aux. Power Consumption % iv) DM Make up % v) Unit Heat Rate K cal/kwh Actual 0.084 0.553 8.262 1.5 2135.27 Targets 2 0.75 10.5 3.00 2400 Month Feb, 2001 Jan, 2002 Nov, 1996 Mar, 2000 Dec, 2000

Maximum no.of days of continuous operation of Unit-II so far : 105 days. (from 20.05.98 to 30.09.98)
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COAL HANDLING PLANT : S.No. 01. 02. 03. 04. 05. 06. 07. 08. EQUIPMENT Wangon Tippler Crushers Motors Spare Motors Gear Boxes Spare Gare Boxes Dozers Locos AVAILABLE/SERVICE 2/2 4/4 53/53 6 48/48 4 4/5 3/3

COOLING WATER REQUIRMENT / STATUS: Main Source Max. Capacity of reservoir : Level Dead Storage Level as on 30-06-2001 Daily Consumption Sufficient up to Ash Pond effluent Recirculation system ENVIRONMENT ISSUES Stack emission Samples were collected on 22.09.2002 and results are as follows S.No Emission APPCB Limits 115 800 600 Unit I 75m. Elevation 96 124 361 Unit II 75 m Elevation 98 114 208 : : : : : : : Mylavaram reservoir 664.86ft. Capacity 9.960 TMC ft. 625.01ft Capacity 0.955 TMC ft. 632.01ftCapacity 1.7225 TMC ft. 25 cusecs. 314 days OK

1 SPM (Mg/Nm3) 2 SO2 (mg/Nm3) 3 Nox (mg/Nm3) Effluent analysis reports:

a) Ash pond & plant Effluents:


Parameter APPCO B Limits 100 mg/lit Actual Ash Pond Plant Effluent Effluent Max Min Max Min Remarks 1. ESP floor washings and washings from silos area. Overflow of Ash Slurry Tanks into the station drain have contributed to the high TSS 1. Action plan Intermediate pond is constructed for ESP floor working water pumps are to be commissioned for bailing out clear water. Ash slurry pond over flow pipe will be raised to the max. possible height. Large sedimentation tank is proposed under stage II work

TSS

53

35

985

532 2.

PH

5.5 to 9.0

8.8

8.6

8.8

8.5

2.

TDS

2100 mg/lit

540

509

545

483

3.

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b) Sanitary Effluents : Parameter TSS PH TDS APPCB Limits 200 mg/lit 5.5 to 9 2100 mg/lit Actual Sanitary Effluent Max Min 64 57 7.4 7.3 685 652

Power Plant Effluents :Air Quality :- 3 Nos. Air Samples have been taken on 20.09.2002 and 21.09-2002 respectively at the Locations and the results are as follows:
S.No 01 02 03 04 Ambient Air SPM (microgram/M3) RPM(micro gram/M3) SO2 (micro gram/M3) NOX (micro gram/M3) APPCB Limits 500 150 120 120 Top of the Weigh bridge 177 39 31 38 Top of the Project Hostel 154 29 33 35 Top of the TXR Office 180 39 34 35

he following is the Various staff member s Particulars are in Cadre wise

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The following is the Various staff member s Particulars are in Cadre wise
Sanctioned CE O&M 1 SE /E&M 3 SE/Civil 1 DE/E,M,C 19 ADE/E,M 63 AEE/Civil 11 ADE/Tel 1 AE/AAE/E,M 173 AE/AAE/Civil 21 AE/ Telcom 3 Chief chemist 1 Sr. Chemist 1 Chemist 11 Welfare Officer 1 Horticulture Officer 1 Sub Engineers 67 SAO 1 Cost A/c 1 AO 2 AAO 3 PO 1 JAO 10 UDC 8 LDC 25 UD Steno 1 Typist 15 Blue print operator 1 Asst Civil surgeon 3 Dy Civil surgeon 1 Pharmacist 2 Lab tech 2 Maternity Asst 1 Nursing Orderly 1 Staff Nurse 6 Tracer 3 DM Gr 1 2 DM Gr 2 1 FM Gr-1 1 FM Gr- IV 3 Renio Operator 1 Attender 10 Record Asst 2 Lv driver 10
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Filled 1 2 1 17 63 11 1 152 18 3 1 1 11 1 -56 1 -2 2 1 10 8 23 -14 -3 1 2 1 1 -4 -1 -1 3 1 8 2 10


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Vacent -1 -02 ---21 3 -----1 11 -1 -1 ---2 1 1 1 ---1 -1 2 3 1 1 ---2 --27

Hv driver Electricition Cleaner Helper/ Cleaner


Sweeper / Gravder /So

J.P.A Man mazdoor Sanitary Mastry Mastry SFO Firemen Driver/ operator Cook Asst Cook ASO S.Sub Inspector S. Guard Good supervisor Sr. Goods clerks Total

9 3 5 6 3 232 660 2 1 1 10 3 2 2 1 2 16 1 2 1458

9 2 --2 232 611 1 -1 9 3 1 2 1 1 --1 1314

-1 5 6 1 -49 1 1 -1 1 1 --1 16 1 2 144

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REVIEW OF MEDICARE AND SCHOOL BUILDING FACILITIES AT PROJECT HOSPITAL. RTPP

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REVIEW OF MEDICARE AND SCHOOL BUILDING FACILITIES AT PROJECT HOSPITAL. RTPP The following staff are working in the project Hospital. T.T.P.P. Doctors Pharmacist Lab Technician L.D.C Maternity Assistant M.N.O. Staff Nurses M.P.H.A.(F) Man Mazdoors Attenders : : : : : : : : : 3 Nos.Male Doctor 1 Female Doctors 2

2 Nos.1No1No1No1No- (L.D.C is counted against MNO) 4 Nos. (Newly recruited) 2 Nos.- (on deputation from Govt.) : 5 Nos. 1 Nos.-

One No. occupational Health Centre is opened at Service building of power House and is being maintained. II. Testing facilities : In clinical Lab Urine Testing. Blood testing and ECG are being done. The Hospital is working in shift duties round the clock. The following posts are vacant in project Hospital and are to be filled up. 1. Staff Nurses 2. Lab Technician 3. M.N.O. III. X ray plant at Hospital :1 No. X-Ray plant has been provided at project hospital for the benefit of the staff.. -2 Nos.-1 No- 1 No-

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SCHOOL Telugu Medium School is being run by Sri Saraswathi Vidyapeetam. Hyderabad Management. They have started classes up to 5th during 1995-96 and presently having classes up to 10th class. Government. Recognition received up to 8th class. Regional Joint Director was addressed for recognition up to 10th class. During current academic year 7th, 8th, 9th and 10th classes are being taught computer operation/ basics. An amount of Rs.9,62,484/- grant was indented vide Lr. No. CE/O&M/PO.F34/613/01, dt.28.02.2001 for the current year 2000-01 Academic year. A cash grant of Rs.14.30 Lakhs is sanctioned by the APGENCO for the year 2001-02 and the amount shall be met as detailed below. a) 50% i.e. Rs. 14.30 Lakhs (Rupees Seven Lakhs and fifteen thousand only) from the R.T.P.P. Colony Development and Welfare committee Fund. Government recognition has not received so far D.A.V. Public School is accommodated in the newly constructed school building. b) Balance 50% i.e., Rs.7.15 Lakhs (Rupees Seven Lakhs and Fifteen thousand only) from the R.T.P.P. colony Development and welfare committee fund. Government Recognition has not received so far D.A.V. Public School is accommodated in the newly constructed School building.

The present strength of the students in D.A.V. School is about 800. Government recognition up to 10th class has been applied by the Management of D.A.V. School and approval is expected soon.

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ESTABLISHMENT DETAILS:
ENGINEERS O&M STAFF OFFICE ESTABLISHMENT SANCTIONED 354 938 88 EXISTING 319 878 73 VACANT 35 60 15

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CHAPTER I ABSENTEESIM & ITS EFFECTS ABSENTEESIM:It means usually keeping away from the work. It may be even for a short period. It affects adversely in profits due to reduce output. It also creates indiscipline among the other workers. Therefore, this act of workers must be discouraged and steps for minimising absenteeism should be properly and carefully introduced. DISCHARGE: A person may be discharged from the job for some reasons. For discharging is dismissing any worker at the factory a written permission from the regional conciliation officer is required. An adequate record of such discharges must be kept and should be got signed by the concerned staff, i.e. foreman in-charge, production, superintendent and personal officer. Such record ill be useful when a worker goes to the Court. An employer cannot discharge any worker unless there are good and sufficient basis to prove to right of discharge. 1.1 Rate of Production in relation to Absenteeism: Rate of Production is inversely proportional to Absenteeism. Rate

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CHAPTER - 2
ABSENTEESIM & ITS EFFECTS ABSENTEESIM:It means usually keeping away from the work. It may be even for a short period. It affects adversely in profits due to reduce output. It also creates Therefore, this act of workers must be

indiscipline among the other workers.

discouraged and steps for minimising absenteeism should be properly and carefully introduced. DISCHARGE: A person may be discharged from the job for some reasons. For discharging is dismissing any worker at the factory a written permission from the regional conciliation officer is required. An adequate record of such discharges must be kept and should be got signed by the concerned staff, i.e. foreman in-charge, production, superintendent and personal officer. Such record ill be useful when a worker goes to the Court. An employer cannot discharge any worker unless there are good and sufficient basis to prove to right of discharge. 1.1. Rate of Production in relation to Absenteeism: Rate of Production is inversely proportional to Absenteeism. Rate of production can be increased with the decrease in Absenteeism and Vice-Versa. The power generation can be decreased with the increase in Absenteeism. There are three shifts in the thermal project. The shift staff for each shift can be comprise of 35 Nos. Of engineers and 45 Nos. 0 & op. Staff. If one shift staff can be on absenteeism, the both generating units can go for shutdown and there is a loss of .360 Mu (Million units) and the cost of loss is Rs.67.20 Lakhs towards generation. The other expenditures may come across unit start up operation etc., Suppose, If the both boiler feed pumps are in trouble, the unit go for shutdown. For each unit, two nos. Of boiler feed pumps are required for normal operation & power generation. If the turbine maintenance staff who deals the BFPs problems, can be on absenteeism. The both BFPs are tripped from the service, the Boiler Drum can touch lower level and the unit it self trip from the service. The power generation loss due to trip of unit can be occurred due to trip of BFPs.

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Hence each maintenance wing has its own importance and every shift location is also very much importance regarding to generation. It is also concluded that the rate of production can be decreased with the increase in absenteeism. 1.2 Absenteeism Reasons:The main cause of discontentment among the workers may be due to:i.
ii.

Unpleasant work allotted to workers.


The work allotted is beyond the capacity and capability of workers.

iii. iv. v.

Unfair treatment by the hours. Personal homely problems of the individual workers. Low wages and so many such other factors.

The absenteeism which may come across in the Thermal Project is as follows:i. The staff who are working in Coal handling area and Ash handling area are with unpleasant due to they are of dust prone areas. ii. The work allotted to the staff may not be of beyond to the capacity in dust prone areas but it is slightly more than that of dust free areas like office etc., iii. The shift staff is working round the clock and for 365 days irrespective of festivals, public holidays etc., the maintenance staff may come for the duty irrespective of time during emergencies on equipment. iv. The person problems in the project are lakh of adequate

quarters, lack of transportation etc., can cause for absenteeism for duty. v. Low wages for the staff who are working in dust prone areas and shift locations can cause for the absenteeism in the project. 1.3 MANAGEMENT POLICIES AND DISCIPLINARY CASES

1.3.1 Hours of work, over time and leave in apprentices act:i. The weekly and daily hours of an apprentice in a workshop shall be such as may be prescribed. ii. No apprentice shall be required or allowed to work over-time except with the approval of Apprenticeship Adviser. The

Adviser can grant such approval only when he is satisfied that


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such over-time is in the interest of the training of the apprentice or in the public interest. iii. An apprentice shall be entitled to such leave as may be prescribed and to such holidays as are observed in the establishment in which he is undergoing training. 1.3.2: Absence from duty :Absence from duty for a short period or for a day or two is not an offence serious enough to merit dismissal, but during the period of his duty a workman leaves the premises without permission and does so repeatedly, then it becomes a serious misconduct and he maybe punished and even discharged. In another case, the attendance record of the workman established that he was chronic defaulter. He has not given up the habit of attending office at his convenience and then behavior in arrogant fashion. His removal from service was held not to be harsh. It was further held that the order of the minister to observe some discipline and some norms of good behavior in employment. The kerala high court has also held that the dismissals of a workman guilty of habitual absence will the justified. In another case the Madras High Court has come with a categorical judgement in this regard which says that if an employee has lost the confidence of the employer due to habitual and frequent absence from duties, his dismissal by the management will not be unjustified. It was further held that if the labour court orders for the reinstatement of the employee it would perpetuate the recaptured feeling between the parties which would be harmful for both. References: 1) Indian United Mill Ltd., Vs Rashtriya Mills Mazdoor sangh, Bombay, 1959-II LLJ 120 (IC Bom) and B.M.S. Motor Service, Coimbatore Vs Workman, 7FJR 602 (IT); Chandrakanth Totoba Kumbhar Vs The Chairman, Agriculture Produce Market Committee and others, 1989 LLR 166, 2) 3) K.I.Varkey Vs FACT Ltd. 1993 LLR 263 (Kerala High Court) M. Arungiri Vs Bata India Ltd., 1991 LLR 71 (Madras High Court).

1.3.3 Late attendance at the place of work An employer has a right to insist on regular and punctual attendance of an employee, which is an implied condition of service. Late attendance is a kind of absence from duty for the time that is lost. A casual late attendance may not warrant a
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serious action. But where a workman was late on more than six times in a year and once was suspended and yet persisted in his late attendance without any valid excuse, his dismissal for habitual late attendance was upheld. Reference: Tobacco Mfg. (India) Ltd., Vs Cigarette Factory workers Union 1953 (42) LAT 81 1.3.4 Partial refusal to work: A partial refusal to work also constitutes a strike. Refusal by

employee to assist one another in loading or unloading their carts has been held as a strike. Concentrated refusal by workers to clean the looms which was part of their duties was held to be a strike. Reference:
Arun Motiram and twoother Vs Mafatlal Fine Spg. And Wvg. Co., Ltd., 1956 II 896 (LAT)

1.3.5 Persistent Refusal to perform duties: In one case the charge against an employee was that despite repeated instructions given first by the foreman and later by the Assistant superintendent, the concerned workman refused to carry outs the repairs which resulted losses to the management running into several lakhs of rupees. And he was removed from the job, while removing the worker, the management took into account his previous record. Secondly the offence was very grave, so the management cannot be accused of having acted arbitrarily in awarding the extreme punishment of dismissal. It has been held that the refusal by the workman concerned of clear instruction was persistent and, therefore, furnished a valid ground sufficient to warrant the punishment meted out by the management. In any case, the punishment cannot be characterised as shockingly out of proportion. Reference: Hindalco Pragatisheel Mazdoor Sabha, Renukoof, Mirzapur Vs State of U.P. and other, 1992 LLR 24 (Allahabad High Court)

1.3.6. Refusal to work beyond duty hours : In one case, it has been held by the misconduct of the workman in Refusing to work beyond the hours of work on a single solitary occasion was not such a serious misconduct as to Warrant the total dismissal of the workman. Reference: Abdul Khader & Co., Vs Labour Court Hyd 1988-II CLR L1 12
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1.3.6 Sleeping during duty hours : Violation of elementary principles of discipline amounts to serious misconduct. A very serious view has to be taken when a watchman on duty falls

asleep. So far one single offence of this kind, a watchman may be charged with misconduct and relieved of his post. Sleeping while on duty is a mis-conduct and amounts to non-performance of work during duty hour. In one case, a watchman was detailed to keep a strict watch on the conveyor but at the point where costly powdered materials were being conveyed and discharged. He was also to see it that the

conveying of such valuable materials was continuous or uninterrupted. If there was any interruption in the flow of the materials, he was to have reported about it immediately. The watchman was found sleeping. He took the defence that he was not sleeping but had closed his eyes in order to protect them against possible injuries from the materials being conveyed. The nature of his work was not at all arduous. Even if he closed his eyes for a brief period of ten minutes and the flow of the materials to the machine stopped in the meanwhile, the whole purpose of his job or appointment was nullified and became useless. Sleeping on duty is a serious

misconduct and means non-performance of work during the hours of duty. For these circumstances he deserved dismissal. Sleeping while on duty though not listed in the misconducts in the standing orders but will be covered by the enumerated misconduct which reads as under:Gross or habitual negligence and commission of any act submersible of discipline or good behavior on the premises of the establishment! In another case the Bombay High Court has held that an employee was supposed to guard every vital installation as a security watchman and his sleeping on duty in such circumstances have been absolutely irresponsible and unpardonable. While setting aside the order of the Tribunal in interfering with the punishment of dismissal awarded by the employer, the High Court held that the Tribunal has erred in ordering reinstatement of the security guard2. References: 1) Manik chook & Ahmedabad Mfg. Co., Vs IT Ahmedabad 32 FJR 34 (Gujarat High Court). Ford Motor company of India Ltd. Vs their workmen 1952 ILLLJ 338 (LAT)

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2)

Bharat petroleum Corporation Ltd. Vs Barrister Prasad & other 1995 LLR 172 (Bombay High Court.)

1.4

Working Conditions Impact on Absenteeism : Working conditions also affect the work. When a worker is allotted to work in

good working conditions then his efficiency increases a lot. Bad environment of working conditions may ultimately leads to:i) ii) iii) Physiological Fatigue Mental Fatigue i.e. feeling of boredom; and Decreased efficiency Hence output will be less. In earlier days no attention was paid on the working conditions like illumination, humidity, air ventilation and temperature etc., But its importance is non being felt. 1.4.1 Mental Environment : Good working conditions produce a good effect on the workers Psychology in addition to greater efficiency. In such conditions worker will always be ready to offer his services and co-operation. It is necessary for the success of an industry that workers should have good co-ordination. A worker working in an atmosphere of badly ventilated and hot conditions will feel discomfort and fatigue. His efficiency will decrease and he will not be able to take interest in his work. Proper ventilation takes away the heat of human body, furnaces, boiler and other equipment thus reducing the effect of heat to some extent. Proper

Ventilation also removes dampness. Arrangement of air fans in a systematic way also helps to achieve this object. Some times, air fans placed in wrong direction send air through furnace, hot parts of machines etc., thus transmitting the heat to the workers which thus would have not received otherwise. 1.4.2 ILLUMINATION :It has already been discussed in this chapter that poor illumination reduces the speed of work and results in strain on eyes and causes more accidents. Light should come from the right direction and of desired illumination. In artificial light glare is most common defect, it is harmful to the eyes. It also produces strain and headache. Spoilage of work also increases due to glare.
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1.4.3 Hours of work:Working hours should be distributed uniformly over the week. A worker should get atleast one weekly holiday so that he can enjoy on that day and feelings of fatigue and boredom from his mind are removed, and thus he may return on duty as fresh in next week. As explained earlier rest pauses also reduce mental fatigue of the worker and as such thus should be properly distributed, i.e. at least 5 minutes break in one working hour and one lunch break should be allowed. Duration of rest may vary slightly depending upon the nature of work and working. 1.4.4. Noise and Vibrations: Too much noise and Vibrations also produce mental fatigue and reduce the efficiency of the worker. Although noise cannot be stopped totally for a running machinery but can be reduced by enclosing the source of noise, use of beffles and sound proof materials in constructed etc., its reduction is very necessary because it is very difficult to concentrate on the work in too much noise. Sometimes too much noise also adversely affects the hearing capacity of the workers. Noise and vibrations can also be controlled to some extent by proper maintenance, checking and proper lubrication and proper functions etc., 1.4.4 Plant and Shop Layout: Systematic layout is very helpful as far as number of accidents and movement of the products etc., is concerned. If the shop layout is such that it looks pleasant then workers will take more interest in his work. The layout should be such that material handling becomes economical and safe over crowding is reduced passage for movement should be quite safe and space should be sufficient enough. It should be planned in such a way that every worker gets sufficient light in proper direction. A well-designed factory must look pleasing so that worker feels proud in working and thus he will take more interest in his work. Therefore, factory should be kept clean, doors and windows should be properly coloured and walls should be white washed so that atmosphere in the factory looks cheerful. 1.5 Incentive Impact of Absenteeism: These are the payments made by the employer for the efforts

1.5.1 Wages:

put in by the worker in production. These are the payments made for the services rendered by labour.
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As Wages determine the standard of living of the worker and his dependents, it is necessary that they should represent a fair return for the efforts of the worker. But above all, wages should be sufficient to satisfy his ordinary needs and necessity. They should be enough to provide him some comforts of life and help him in maintaining his standard of living. 1.5.2 Reason for Wage differentials: 1) 2) 3) 4) 5) 6) 7) Difference in marginal productivity of the workers. Difference in qualification, experience and training of the workers. Difference in skill and specialization on the workers. Difference in hazards and risk involved in fulfilling the jobs. Difference in degree of responsibility required for the jobs. Difference in exploitation by the employer. Availability of workers (This fallen the rule of supply & demand)

1.5.3 Factors which influence Wages: 1) 2) 3) The condition of demand & supply. The respective bergaining capacity of employers & employees. Cost of living, which may vary from time to time according to industrial situation of each industrial district. 4) 5) The economic capacity of the industry to pay wages. Level of wage rates reeling in each industrial area for the same classes of industry and same grade of workers. 6) 7) 8) The workers skill, Training and experience. The economic outlook of the employer. The nature of task involved i.e. risky, noisy, requiring high, concentration, heavy or light work and lot work etc., 9) 10) 11) The regularity in service. Extra earnings on the job. Prospectus of future promotions.

1.5.4 Characteristics of a Good Wage or Incentive system : A good 1) 2) 3) wage or incentive system should have the following Characteristics

This should guarantee and adequate minimum day wage. It must here the free consent of the workers. It must reward the workers according to his capacity.
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4)

It must be simple in its working so that it may be readily understood by its workers.

5)

It must not involve heavy clerical work & there by increase the ultimate cost.

6)

It should aim at increasing production without adversely affecting quality.

7)

It should reduce wastage of material and cadres use of plant, tools & equipment.

8) 9)

It should have effective supervision but it should not be too heavy Incentive, bonus etc., should be payable along with the wages and not put off for the future.

10) 1.5.5 1.5.5.1

The system should be fair both to the employers and the employees.

INCENTIVES: Necessity of Incentive: It is something that encourages a worker to put in more productive

efforts voluntarily. Mostly, workers are not willing to exert themselves to produce anywhere near their full capacity unless their interest in work is created by some kind of reward. This is called incentive. The incentive is of course some kind of monetary reward which is closely related to the performance of a worker, that there is an increase in wage corresponding to an increase in output. 1.5.4.2 Types of Incentives:- There are two types: 1) a) Financial Incentives (2) Non-financial Incentives

Financial Incentives: i) ii) iii) iv) v) vi) vii) viii) ix) x) Piece rate system Cost per cent premium Helsey premium plan Weir premium plan Bedaux premium plan Rowan premium plan Emerson efficiency plan Gantts task and bonus system Taylors differential piece-rate system Merrics multiple piece rate system.

b)

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The financial & non-financial type of incentives are complementary and must go together if satisfactory results are desired. The financial incentives must be supported by the non-financial incentives, productivity. In order to create interest in a worker for greater and better output, non-financial incentives must also be enforced and worker will also enjoy richer and fuller life. Some of the Chief nonfinancial incentives are : 1) 2) 3) 4) Personal interest and pride in work to be created in workmen. Fair and sympathetic treatment with workers. Opportunity for quick promotions. Equal opportunity for technical training in other technical organisations as well as abroad. 5) 6) 7) Security of employment and hopes for reward Perfect confidence in the management. Provisions of canteens where cheap; whole some and balanced food is available to workers. 8) Provisions of children welfare; maternity and other medical aid etc.,

1.5.6 Bonus System: The system is used in continuous process and assembly lines where efforts of a number of workers are required to complete the job and, therefore, it is not practicable to assess the output of individual worker, there it is necessary to pay a collective or group bonus to retain the incentive payment idea. FOLLOWING ARE THE METHODS OF PAYMENTS IN THIS SYSTEM: A) Collective Bonus System: In some big industrial concerns, a collective bonus in the form of an extra salary for one or more months is given to its employees, if the profits, during the business year are handsome. If there are good profits, the bonus will be declared after about six months or at the end of the year and will be payable to the workers in service at the time of declaration. This system is adopted by State transports, electricity boards, automobile vehicle manufacturing concerns etc.,

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B)

Group Bonus System: In this system, each department or section is offered a separate fixed

bonus per unit time or per unit job, if the standard time is saved or the production reaches or exceeds a predetermined quantity. Such Bonus is divided between the foreman and workmen of the department or section in proportions agreed before hand. In this system bonus is given to foreman also as they are mainly responsible for increasing output and preventing wastage of material. 1.5.7 The Bonus Act, September, 1965 (Amended upto Sept. 1972. The Government of India revised the Bonus act in September, 1972. It states that. Every factory employing 20 or more workers must pay a minimum bonus of 8.33% of the annual wages inclusive of dearness allowance or Rs.80 to all workers, irrespective of whether it has made some profit or not (or Rs.48 to chits workers) The following are some of the most essential features of this act:i) it ensures the workers of a definite minimum addition of his yearly wages. ii) it is applicable to all factories, employing 20 or more workers and once a factory is covered by this Act, it will continue to do so, even if there is reduction in the number of workers below 20. iii) This would be enable the workers to maintain their health and efficiency and thereby reduce to some extent, their discontent. iv) Workers in newly established organizations will not be eligible for bonus for the first 5 years. v) The minimum bonus is 8.33% of Wages inclusive of dearness allowance or Rs.80; whichever is greater and maximum is 20%. vi) Workers getting salary up to Rs.2500/- per month are covered by this Act but for calculating the bonus, their salary up to Rs.1600 per month will be considered (Amended, Nov. 1985) vii) A worker must have worked for a period of atleast 30 days to become eligible for bonus. viii) After deducting all the charges 60% of the net Profit (67%) in the foreign companies) will be credited to the bonus fund. It in any year net profit exceeds the maximum bonus (20%) payable the excess amount will be carried forward to the next years Bonus fund. Similarly when in any
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year, there are no profit, the deficit will be set off in the following year. This facility will be allowed for four consecutive accounting years.

1.5.8 Management Policies and some of Court decisions:1.5.8.1 Bonus Eligibility for Probationers: A Probationer will be eligible for bonus, as there is no such Exclusion in the definition of employee under the Act. Ref: Bank of Madura Ltd. Vs.Bank of Madura Employees Union, 1970 (2) LLS 21; 1970 (50) FLR 381 1970 Lab; and IC 1215 1.5.8.2 Eligibility for Bonus: The payment of Bonus Act indicates that the following categories of persons will be entitled to Bonus. a) b) c) d) e) f) Skilled or unskilled or manual Labour. Managerial staff Supervisory staff Administrative staff Technical staff & Clerical staff. An employee who has been engaged on hire or reward on terms which are either express or implied and i) His salary does not exceed Rs.2500/- per mensum is entitled to Bonus, but he must have worked for at least 30 working days in a year. ii) Who is not an apprentice Every person who falls with in the definition of the term employee under section 2 (13) of the payment of Bonus Act will be entitled to bonus under the payment of Bonus Act even if he is not a workman under the definition of section 2(s) of the Industrial Disputes act, 1947. The legislative Validity of Section 2(13) has been upheld by the Kerala High court. Ref: Mahabir Tiles work Vs Union of India, (1976) II LLJ 816; AIR 1986 Ker. 143. 1.5.8.3 FORFEITURE OF BONUS: An employee who is dismissed from service in the grounds of fraud, Riotous or violent behavior at the premises of the establishment or for theft, misappropriation
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or sabotage of any property of the establishment as contained in section 9 of the payment of Bonus out shall not only be disqualified from receiving the bonus for the accounting year in which he has been dismissed but also for the past years remained unpaid to him. However, the Karnataka high Court has held the employers right to forfeit bonus for an employee guilty of mis conduct as contained in section 9 of the Act can be exercised only with reference to accounting year in which the mis-conduct was committed.

Ref:

1)Shriram Bearing Ltd. Vs P.O. Labour Court Ranchi & others, 1987 Lab, IC 414, 1986, LLN 608; 198612, LLj 459; 1987 LLR 13 (Patna High Court-Ranch Bench. 2) Himalaya Drug Company, Macali Vs Presiding officer, Second Additional Labour Court, Bangalore and others, 1987 Lab IC 540; 1986 (52) FLR 704; 1986 2 LLj 45; 1986-I LLN 437

1.5.8.4 INCENTIVE BONUS WHETHER PAYABLE TO ALL:: Every case depends upon its own merits. In a case, where bus drives carrying the employees to Home plant, were denied production incentive bonus, the Supreme Court has held that such denial was not justified. Ref: Hindustan steel Ltd. Vs Presiding Officer Industrial Tribunal (Orissa), Air

1975 SC 1114; 1975 Lab IC 667, 1975 SCC (Lab) 217; 1975 Serv LC 477; 1975 (4) SCC 82; 1975 Uj (SC) 385; 1975 (47) FJR 283; 1975 Serv. Lj 451; (30) FLR 341.

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CHAPTER - 3 OTHER ASPECTS


2.1 PROMOTION POLICY & ITS EFFECTS:A Promotion is usually made to place employees in positions for which they can be better suited. There they will develop high levels of abilities as it involves significant increase in increase and responsibility. Promotions are the form of awards which can be given for achievement and serve as a means of motivating individuals to increase their abilities. This also serves to increase the effectiveness with which man power capabilities can be best utilized. An atmosphere conductive to promotions must be created and employees must be kept informed about promotion changes. For this purpose, lines of promotion must be clearly defined where possible and a sincere effort is made to form a real promotion policy. In the promotion policy, system should be provided by which employees can awarded. Negative promotions (or) demotions are usually problematic as they hurt an individuals pride as well as his income. They also demoralise and hence should be avoided. 2.1.1 Seniority as a criterion for promotions: The seniority has become a standard method of allowing promotions, seniority is also used to make decisions for retrenchment, day offs, declaring surplus, over time assignment and retirement etc., If seniority is used as a major factor in determining decisions of promotions and other mentioned factors then policies in its regard must be clearly and in considerable details should be formed. The most general policy of establishing is that it should given when there are no much differences in ability of individuals. 2.1.2 Objectives of Promotion: 1) 2) Promotion is recognition of a job well done by an employee. Promotion is a device to retain and reward an employee for his years of service to the company. 3) 4) Promotion is to increase individual and organisational effectiveness. Promotion is to promote a sense of job satisfaction in the employee.
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appeal if they feel unjustly, overlooked, when promotions are

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5)

Promotion is to build Loyalty, morale and a sense of belongingness in the employee.

6)

Promotion is to impress upon others that opportunities are open to them also in the organisation, if they perform well.

2.1.3 Promotion Policy: Organisational Policy on promotion helps to state formally the organisations broad objectives and to formulate both the organisations man power and individuals career plans. Such documents are being increasingly issued by Indian organisations in keeping with the changed environment of employee awareness and the accept on career planning. One of the first requirements of a promotion policy is a statement of the ratio of internal promotions to external recruitment at each level, the method and procedure of selection (trade-test, interview), and the qualification desired. Such a statement would help individuals as well as man power planners to project numbers of internally available candidates for vacancies. In some organisations, such a ratio is fixed by a collective bargaining agreement, or in government and public sector it is laid down in rules. The second exercise is to identify the network if related jobs and the promotional channels of each job, taking into account job relatedness, opportunities to interact with higher placed executives to faster job learning, and the qualifications both academic and work experience required. Such an exercise will help in

succession planning and also help aspirants to acquire the necessary formal qualifications or on-the-job training and encourage them to attend suitable external development programmes. The network of related jobs can be established by job analysis. This process would also help in identifying promotion channels and

stepping, stone jobs, which once finalised should be made known to the employees concerned. Such channels and training leading to promotion are well defined for instance in the armed services. While exercising the right of promotion the criteria of seniority (Length of service) has to given the highest weightage along with eligibility and suitability, due to influence of Governments administrative culture, which has permeated into public sector companies and most other establishments, as also in privately owned industries.
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Seniority is given very heavy weightage in government, and also industry and this had led to the law also providing for its consideration. The fifth schedule of the Industrial Disputes act lays down unfair labour practices, where it specifically provides that: 4 c) Changing seniority rating of workman, because of Trade Union activity d) refusing to promote workman to higher posts on account of their Trade Union activities. e) giving unmerited promotions to certain workman, with a view to creating discontent amongst other workman, or to undermine the strength of their Trade Union. To show favoritism or partially to one set of workers regardless of merit will be considered to an unfair Labour Practice and under the Law, trade unions or officers associations can take it to courts as an Industrial Disputes. It is pretty common in government and also frequently resorted to even by officers associations in public sector and private sector. It can be appreciated that once a matter of management policy becomes a dispute in court, how difficult it is to justify each step or action. Therefore, in India promotion also does not remain only a matter of rational personnel policy, and is subject to legal disputes and unfavorable court awards. Yet, there are other more important elements of a sound promotion Policy which should be spelled out by Managements! a) A clear statement of Policy that all higher jobs, as far as possible shall be filled in by Promotion with in as forces practicable, would assure existing employed to work better, and aspire for a promotion. b) Establishment of line of progression, or ladders of Promotion with in the organisation. It may be called Career Planning or the personnel department or top management. c) Job analysis and other techniques can be resorted to as aids, and the competence and experience of existing employees together with their educational background and training may be considered while plotting out a career graph for each one of them as for as practicable.

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d)

The Line managers should also be made responsible for planning out careers of people working with their and should be encouraged to transfer them to better openings in other departments also in the overall interest of organisational efficiency. Simple provision should be made by managements for training as a means of preparation for promotion to higher posts. Special on the job training, special institutional training or, other avenues should be made available to deserving employees.

e)

2.1.4 Promotion system in R.T.P.P. : The promotion Policy is taking in R.T.P.P. as per rules in APGENCO is erstwhile in APSEB. The promotions from the cadre of sub-Engineers to chief

engineers can be taken place accordingly to the existing vacancies in all Power Plants either Thermal (or) Hydel stations throughout APGENCO. The promotions from Junior Accounts officers to Senior Accounts Officers are also given as per the Vacancies throughout APGENCO. But the Lower cadre Accounts staff from Lower division clerk/typist to Junior Accounts officers can given only project seniority i.e. The promotions will be given to them restricted to concerned plant only. The

promotions to the workers from Man Mazdoor to Foreman will be restricted to Plant only. The higher cadre staff/officers promotions will be given by the corporate office of APGENCO and Low Cadre Staff/workers promotions will be given by the each individual Chief Engineer only. All promotions can be given according to the seniority only. The staff member who is under

suspension/punishment can be exempted for the promotion. 2.1.5 Some Court cases on Promotion Policy: 2.1.5.1 Promotion and Discretion of Management: Promotion of a workman is a managerial function. However, it must not be on the subjective satisfaction of the management but must be on some objective criteria. There should not be unjust or arbitrary or unreasonable upgrading of persons superseding the claims of persons who may be equally or even more suitable. There should not be victimisation. If there are aggravating circumstances, the individual adjudicators can interfere and cancel the promotions made by the management, where it is felt that the persons have been superseded on account of malafides or victimisation.
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References:

Ajudhiya Sugar Mills Mazdoor Sabha Vs Ajudhiya Sugar Mills Raja

Ka Sahospur, Moradabad & others, 1983 Lab ICNOC 47 (All); (9182) 2 Lab LN 831 (ALL) 2.1.5.2 Criteria for Promotion: The over all performance of an employee has to be taken into consideration during the tenure of his service and not for the year gone by only. In a case it has been held that the overall performance of an employees for all the nine years will be considered and not that of the last three years. References: R.S. Patel and others Vs Gujarat Electricity Board and Others, 1985

Lab, IC (NOC) 29. 2.2 TRANSFER SYSTEM ITS IMPACT:

2.2.1 Transfer System :Transfers are made to place employees in position for which they are better suited. There they will develop new levels of abilities and ideas. Generally a transfer involves charge of job for place or job and place of worker without any significant increase in income and responsibility. Transfers can be categorized as : a) a) Production Transfers b) Personnel Transfers

Production Transfers:When management shifts any worker for the purpose of improvement in the

organisation, such shifting is called Production Transfer b)Personnel Transfers:When a worker requests for transfer because he has interest in change or physical fitness, or he has clash with his boss or co-worker and/or he feels that he had not been placed at suitable job, substitutes personnel Transfer. Management is benefited from there transfers. If a personnel transfer is based on sound seasons it will result in employees being effective. 2.2.2 Need for a transfer Policy: It is to be appreciated that transfers are made for a number of reasons and are initiated by either the supervisor or the sub-ordinate. If transfers are left entirely to the discretion of either supervisors or employees, a number of problems are likely to occur, such as favoritism or victimization. For Example, a few employees would get transfers as and when they want, while the request of many others would be turned
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down. On the other hand, some may get transferred repeatedly causing them great inconvenience. Supervisors may transfer their subordinates arbitrarily, just to get rid of them. Some employees, for various reasons, may ask for transfers repeatedly. Some departments may get the reputation of being easy to transfer from, where as others may be regarded as exactly the opposite. The absence of a well-formulated transfer policy will undoubtedly breed a state of uncertainty amongst the employees. In cases where as Union exists to protect the workers there may be on increase in the number of grievances, or it the issue becomes a larger one in terms of its implications for a number of employees, the industrial relations situation may deteriorate into one of turmoil, conflict, and industrial disputes. To avoid these problems which would cause considerable inconvenience and disruption in an organisation, it is imperative that the personnel department should evolve a transfer policy. Only a systematic policy can ensure a reasonable consistency of treatment throughout the organisation. A Transfer Policy should consist of the following elements:1) A clear delineation of the conditions and circumstances under which an employee can be transferred, i.e., what types of transfers (such as those discussed above) would the organisation permit both in terms of the organisations technology and job, relatedness, and from an individuals point of view. 2) Then Transferability of both jobs and individuals needs to be examined in terms of job descriptions, inter departmental divisions and plants, and between streams of specilisation either on the job or individual back ground and training. Therefore, policies on these aspects must be clearly stated. 3) The third aspect is a consideration on the basis for transfer. Should it be on the basis of seniority and merit tests, especially if it is a production job or should it be on the basis of seniority alone, assuming minimum ability to handle the job. 4) Finally, the pay scales and the exact wage and perquisites that the transferee would revive in the transferred job, if there is any difference it should be specified.
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The personnel department should be the monitoring unit facilitating line personnel to redeploy manpower depending on the exigencies of work situations, or helping employees on compassionate grounds with in the framework of the transfer policy. Thus, transfer policy will help effective employee redeplyme and protect, to some extent at least, employees from arbitrary transfers. Maximising employee effectiveness by increasing the utilization of available manpower is one of the important intended consequences of job re assignment. Position reassignments have motivational force and an impact on employee attitudes. For instance, promotion or upgrading maintain organisational effectiveness through maintenance of employee morale, and favorable attitudes towards the organisation. Promotion of employees also enables the organisation to utilise expertise to the optimum level by providing adequate opportunities to those who have developed it through training and experience within the organisation. 2.2.3 Implications of transfer in the INDIAN CONTEXT: The application of Industrial Laws, in major employing sectors such as Government, public sector and Private sector industry, has also restricted their prerogatives to transfer. While employment in industry, in Government and Private industry has been governed for almost half a century under the industrial Dispute Act & Rules all over INDIA, some major amendments were made to this Law in 1982 by an amendment out which has further widened the scope of its application. All personnel managers in India dealing with man power and the Line Managers have to be conversant with the implications of these Laws and rules. Some of the principle definitions may be noted; Industry means any systematic activity earned on by cooperation between an employer and his workman (whether such workmen are employed by such employer directly or by through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not, (i) (ii) any capital has been invested for the purpose of carrying on such activity, or such activity is carried on with a motive to make any gain or profit. It will, therefore, be clear that all activities carried on for production, supply or distribution of goods or services employing manpower are governed by this definition
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whether they are owned or controlled by Government, or by any government company or by any other institution, or are even a department. Since the Central and state Governments, the local self government institutions, autonomous bodies corporations, companies, institutions and under takings are the largest employers of man power in India. Most of their employees are covered by definitions of Industry and workman. Therefore, they will be governed by the Industrial Disputes act and rules there under. Though, the employees, governed by these Laws are defined as workmen the scope of this term is so wide that vast majority of these employees will be covered by the definitions. Workman means any person including an apprentice employed in any industry to do any manual, unskilled, technical, operational, clerical or supervisory work for hire or for reward, whether the terms of employment to be expressed or employed.................. The only exception granted is for the employees of the armed services and the police and prison services. Almost all the others have been brought under the

purview of this definition; except: 1) 2) Who is employed mainly in a managerial or administrative capacity, or Who being employed in a supervisory capacity, draw wages exceeding one thousand six hundred rupees per mensum or exercises either by the nature of the duties attached to the office or by reason of the powers vested in him, function mainly of a managerial nature. However, the study of some decisions of the courts makes one realise that it is very difficult to prove whether one is employed mainly in managerial or administrative capacity, and the Court decision have most favored the employees including officers and their Trade Unions/Associations. This definition covers almost 95% of all employees in most establishments except those few who are employed as managers and who are receiving salaries exceeding 1600 rupees per month basic. This limit is also likely to be revised since due to inflation, salaries in industries are going up very fast. Another area, which effects the transfer of 95% employees of most establishments, is the area of unfair Labour Practices. The Industrial Disputes act in the 5th Schedule lays down specific provisions, practices:
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Article : 7 of the 5th schedule provides: to transfer a workman malafides from one place to another, under the guise of following management Policy: Article : 9 Article: 13 To show favoritism or partially to one set of workers regardless of ment. Failure to implement an award, settlement or Agreement. The impact of these restrictive provisions on the managements right to exercise their discretion in the interest of efficiency of the organisation/enterprises, or institutions can be realized after seeing the volume of Industrial Disputes after 1982 arising, after these provisions were inserted in Law. Even if an undertaking or part of its establishment or plant is closed down at one place, and the organisation is opening another establishment or plant is opened at another place, it is not easy to transfer Workman (which includes supervisors and even officers) if not easy. The provision of the Industrial Disputes Act & Rules make it very difficult. It specially provides; Compensation to workmen in case of Transfer of undertakings:Where the ownership or management of an undertaking is transferred, whether by agreement or by operation of law, from the employer in relation to that undertaking to a new employer, every workman who has been in continuous service for not less than one year in that undertaking immediately before such transfer shall be entitled to notice and compensation in accordance with the provisions of section 25-F, as if the workman had been retrenched; Provided that nothing in this section shall apply to a workman in any case where there has been a change of employers by reason of the transfer, if i) ii) the service of a workman has not been interrupted by such transfer; the terms and conditions of service applicable to the workman then there applicable to him immediately before the transfer; and iii) the new employer is under the terms of such transfer or otherwise legally liable to pay the workman, in the event of his retrenchment, on the basis that his service has been continuous and has not beenointerrupted by the transfer. It has to be appreciated how the restrictive provisions of Law have restricted managements freedom to operate. However, since most employees in government, companies or corporations are in permanent service, transfer is used as a disciplinary action to shift him from the post and it is considered as such.
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A Lot of restrictions have also been imposed by Courts in various decision for time to time in case of sub ordinate staff for instance in banks and other undertakings in case of workman. In some Government departments like APGENCO, APTRANSCO and banks etc., personal transfers are made for the convenience of husbands and wives to work in the same station. Therefore, there are innumerable instances where transfer cannot be used in its appropriate application of personnel Policy in the interest of the organisation. 2.2.4 Some of the Judgements on Transfer issues:2.2.4.1 Authority to pass transfer order:The order of transfer can be passed only by the appointment authority who can also terminate the services of an employee. The power is only in the employer, which means that only employer or a person either expressly authorised by him or one who can be said to have that authority impliedly to exercise that power. Thus a manager or a person in general control of the business or of the administration of the undertaking of the employer, such as the Board of Director or a Managing Director, where the employer is a corporate body, would have the implied authority from the employer but other officers, more so subordinate officer, would not be taken to have the implied authority from the employer. When a superintendent has no power in absence of delegation, the transfer made by him is un-authorised. References: 1) 2) 3) 2.2.4.2 Standard Vacuum Oil Co., Ltd., Vs their Employees, 1954-II LLJ 455 K.Krishnamurti Vs Union of India, 1971 Lab & IC 1023 Ram Swaroop Nathan Vs State of Bihar, 1969 Lab & IC 900 Challenging order of Transfer: In accordance with the terms and conditions of employment, the services of an employee can be transferred from one place to another. An employee can challenge such a transfer on the ground that such an order is MALAFIDE. In one case, the services of an employee were transferred from Madras to Ahmedabad. The employee challenged the transfer order but he could not furnish the material to conclusively establish that such an order was MALA FIDE or an act of victimisation, it has been held that the orders was passed by the management strictly in accordance with the contract of employment.
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References: B. Gopala Krishnan Vs the Management of Indian PotashLtd., and others, 1981 Lab IC 1805 (Madras He); 1984-I LLN 567; (1984) I Mad, Lj 218 2.3 LEAVE REGULATIONS ITS IMPACT:

2.3.1 LEAVE AND HOLIDAYS: There is a Socio-economic philosophy behind the leave and holidays for workers. But the simplest reason for the paid leave is said to the quest for leisure. The introduction of paid leave for the workers, in practice as well as in law, is based on the simple principle on the one hand of the workers right to leisure providing him with an opportunity to develop his own personality and on the other, not only to help him to preserve his health but also to help him recuperate his strength in the best interest of production. If holidays with pay are properly utilized as they are meant to be, it can well mean a complete escape from stale atmosphere and monotony and hum drum of everyday life, and thereby benefit from relaxation of body and mind. After enjoying his leave a worker may be reasonably expected to return to his duties or job with fresh enthusiasm and renewed vigour. For such considerations, in almost all the countries of the world today the practice of allowing workers several consecutive days of leisure and relaxation form time to time, is regarded as sound one. There are several types of leave. The first is what is known as Earned or Privilege Leave. The object of such a leave is to provide a worker with the

opportunity of recuperation through rest and carefree relaxation periodically for short spells. The other form of leave is Casual Leave. The object of this type of leave is to make provision for an employee/worker to attend to some urgent or unforeseen contingencies unexpectedly arising. Apart from the aforementioned two types of leave, there is yet another type known as the 'Sick Leave which a worker/employee may avail of when he finds himself unable to perform his duties and attend to his responsibilities on account of illness or indisposition. SYNOPSIS i) ii) iii) iv) v) Absence form duty without leave Absence inspite of refusal of leave Claim for casual leave Competent authority to grant leave Compensatory holidays
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vi) vii) viii) ix) x) xi) xii) xiii) xiv) xv) xvi) xvii)

Continuous illness and leave Discretion of an employer and Casual Leave Distinction between leave and Holidays Eligibility of leave on termination Encashment of leave before completion of one years service Encashment of earned leave by temporary workers on termination Encashment of leave on resignation Festival holidays Fitness Certificate Guidelines for Leave and Holidays Holidays between leave period Holidays under Negotiable Instruments

xviii) Leave and ESIC xix) xx) xxi) xxii) Leave on false grounds Leave and Medical Certificate Leave Travel Allowance to a reinstated employee Mass Casual Leave

xxiii) Medical certificate and obligation of an Employer to grant leave xxiv) Necessity of applying for leave xxv) Obligation for granting leave

xxvi) Over-stay of leave and termination xxvii) Prior sanction of leave xxviii) Qualifying period for Maternity leave xxix) Refusal by Employer to extend leave xxx) Refusal to grant casual leave

xxxi) Right to avail leave xxxii) Scheme of leave xxxiii) Sick certificate for availing leave (i) ABSENCE FROM DUTY WITHOUT LEAVE:

Whether an employee can justify his absence from duty without obtaining prior permission of leave on the plea that he has got leave to his credit? If an employee wants to remain absent, it is necessary that he has to apply for leave and get his leave sanctioned before availing of the same . In one case, an employee remained absent from duty for more than 10 days without obtaining prior
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permission of leave, it has been held that this would amount to mis-conduct, irrespective of the fact that there was leave to the credit of the workman. In another case the services of an employee were terminated on the ground of his absence without leave or permission and not on the ground of his detention by the police in a murder case, it has been held that the termination will not be bad in Law. It has been further held that continuous absence without permission of leave would be misconduct. References: 1) 2) Bharat earthmovers Ltd. Vs Arokiyam and another, 1980 (57) FJR 145 Management of Tata Engg. & Locomotive Company Ltd., Jamshedpur Vs The Presiding Officer, Industrial Tribunal Ranchi and another, 1990 LLR 8. (ii) ABSENCE INSPITE OF REFUSAL OF LEAVE

What will be the legal implications if an employee absents despite refusal of grant of leave? Short absence without grant of leave is not a serious mis-conduct for which the services of an employee could be terminated. Sometimes the employers or their officers refuse leave and inspite of such refusal, an employee/worker proceeds on leave and without first ascertaining the outcome of his leave application and taking for granted that his leave will be automatically granted or sanctioned . In such a case, the question arises whether availing of leave which has been refused by the competent authority, does or does not constitute flouting the authority of the management and constitutes an act subversive of discipline. Whether a worker has been defiant or insubordinate to the authority will depend on the merits or demerits of each individual case. To determine in given circumstances whether a worker/employee has been guilty or insubordination, a number of factors are to be taken into consideration, such as the reasons for which a worker applied for leave, and the grant of which was refused by the leave sanctioning authority because of exigencies of business and the attitude of the workman concerned. (iii) CLAIM FOR CASUAL LEAVE

When can an employee claim casual leave? No leave including Casual Leave, can be claimed as a matter of right. Casual leave may be asked for meeting inestimateable and unforeseen circumstances suddenly arising. Each application for Casual leave has to be judged on its own A STUDY ON LABOUR UNREST Page 59 of 169 59

merits. It is not possible to city examples of casual leave, which should be granted, or possible to city examples of casual leave which should be granted or refused. It would be unreasonable to refuse casual leave when it is required for attending the funeral of a near and dear one. However refusal to casual leave may be justified if it has been asked for attending the funeral of a mere acquaintance. Likewise, it will be unjustified if casual leave is refused when it is asked for the purpose of taking ones ailing wife or a near relative to a hospital. An employer will be well within his rights to refuse casual leave if the work for which casual leave is asked, can be done on an off day by the worker/employee. So the merits of an application for casual leave have to be weighed according to the circumstances for which the leave is required. If a person wants to go and see his friend off at a railway station, that may not be considered a matter of urgency. But if such leave is applied for to see off a friend going abroad, it will be a different matter and would deserve due consideration. Reference: Modern machineries Ltd., New Delhi and R.L. Oberoi and Co. Ltd., New Delhi Vs. Workmen, Delhi Administration, Gazette No.32 part VI dated 8-8-1957. (iv) COMPETENT AUTHORITY TO GRANT LEAVE

Who is competent authority for granting leave of absence? Generally, the head of the office has the power to grant leave, if the head of the office is not a proprietor, it is supposed that power in this respect has been delegated to him. The authority to grant leave may be delegated by an employer to one of his nominees. In the absence of delegation in writing, such delegated may be presumed. The onus of proof that power has been delegation may be presumed. The onus of proof that power has been delegated to him, is on the party claiming such delegation of power. Otherwise, delegation will have to be regarded as null and void. Even in a proprietary concern, leave has to be taken from the proprietor and not from any of his relations such as his sons, etc., In a proprietary concern, if a worker contends that he took leave from the proprietors son instead of from the proprietor, such contention will be unjustified. At best it may be treated as an extenuating factory. When a workman returns to his work immediately on expiry of his leave improperly granted and expresses his regrets for not having taken leave from the

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proprietor, management then the termination of services of such a worker/employee will not be justified. References: Three Lotus Biri Factory Vs. L.C.1961-II L.L.J 504 (Madras High court) (v) COMPENSATORY HOLIDAYS What are the obligations of a factory owner in regard to compensatory holidays? Where exemption has been obtained in respect of the provisions governing the grant of weekly off to worker/employee the law requires the employer to grant compensatory holidays of an equal period or the number of days for which an employee was required to work in lieu of weekly offs he was entitled to. And this compensatory holiday must be granted or allowed within the month in which weekly off was due to the workman/employee. Or else, such compensatory holidays must be granted at the latest within the next two months immediately following the months in which the compensatory holidays had become due. In regard to compensatory holidays different States have specified under their various rules the grant of compensatory holidays: a) Except for a worker engaged in a piece of work, which required Continuity and admits of no break or interruption, in such a case, the compensatory holidays should be so spaced that no more holidays are given in one week. b) During the month or by the end of it, in which weekly off days are lost to a workman/employee, the management is required to display a notice showing the names of the workers/employees who have been allowed compensatory leave and specifically mention the dates and the periods for which compensatory holidays are being granted. Such a notice should be displayed at the same place at which the periods of work are notified. Should any necessity arise calling for any than two

subsequent change in regard to the notice about compensatory leave. Notice of such a change must be given three days in advance of the new date of the holidays and it should be displayed at the same place. c) The compensatory holidays should be given before discharge or dismissal, as the case may be, and these holidays should be reckoned as part of any period of notice due to be given before such discharge or dismissal.
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d)

A register must be maintained in Form No.10 as prescribed and it should be preserved for a period of atleast three years, after the last entry has been made, so that it may be produced before the inspector, when required.

If in the opinion of the inspector of factories, the particulars required to be entered in the register are omitted, the same may be gathered from other sources viz., the Muster Roll and such other registers as are maintained by the factory. In such an event, the necessity for maintaining a register in Form 10, as prescribed, may be obviated. Nevertheless, the written order to the effect must be obtained from the Chief Inspector of Factories. (vi) CONTINUOUS ILLNESS AND LEAVE

Is it essential for an employee to obtain sick/casual leave before availing it? Under what circumstances an employer can discharge the employee not reporting for duty on account of his continued ill-health? The expression leave means leave of absence. In other words, the permission obtained by an employee from his employer, exempting him (employee) from his duty. Even when no rules are in existence, prescribing the procedure, which has to be followed to obtain sanction for leave, it is a reasonable expectation from an employee to make an application for obtaining leave. To this reasonable procedure, there may be only one exception, i.e. when an employee suddenly falls ill and consequently, he has to apply for leave, unless he is prevented to do so by unforeseen and unavoidable circumstances.

Where the leave rules provide that casual leave must be so arranged as to cause the minimum interruption of work; it is further indicative that before availing it, sanction for casual leave must be obtained before enjoying it and the employer concerned is entitled to his final say in the matter. For instance, are employee who asked for sick leave was required by the employer to produce a certificate from the civil surgeon and the worker failed to do so. Thereafter, the employee concerned resumes his duty and again applies for casual leave to cover the period of his absence uncovered by sanction or granting or any leave to him. It was held that in such a case, the employer was justified in dispensing with his services on the ground that the employee was absenting himself without leave. In another case, the Allahabad High
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Court has held that before discharging an employee on ground of continued ill-health, it has to be found out whether continued ill health has made the employee unfit to perform his duties for which he is employed. The court held undoubtedly it was not advisable that the medically unfit workman be kept in service but it is equally important that his unfitness should be fully proved and he should be given a chance to justify his fitness for employment. References: 1) Rabindranath Sen and others Vs. First Industrial Tribunal , W.B. 1963-I LLJ 567 XXI FJR 163. 2) Iqbal Narain Saxena Vs. Presiding Officer, Labour Court (I) Kanpur and others, 1982 Lab IC 79. (vii) DISCRETION OF AN EMPLOYER AND CASUAL LEAVE

Is an employer under an obligation to grant casual leave when applied for by a number of employees at a time? It depends upon the facts and circumstances of each case. In one case, the employees applied for casual leave for participating in an agitation against the management. The employer refused to sanction the leave. Despite that the

employees absented themselves from duty. The employer has made deduction for period of such unauthorised absentees. It has been held that the deduction was proper since the unauthorised absentees have no right to compel the management to disburse the wages for period of authorised absence. References: Suredarnathan Nair Vs. Senior Divisional Personnel Officer, 1987-II LLN 555 (Kerala High Court) (viii) DISTINCTION BETWEEN LEAVE AND HOLIDAYS Are leave distinguishable from holdays ? if so, in what ways? There is a fundamental distinction between leave and holidays. Holidays are off days granted by the employer to the workmen either voluntarily or compulsorily under the force law. Holiday is a total closure of work, whereas leave is absence with permission from work, which would otherwise be available. Hence, for leave, there should be an application by individuals every time and the sanction thereof, whereas for a holiday, no such thing is necessary. In case of leave, the workmen would be free to avail themselves of the same according to the pressing needs of individuals of one
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day or more days at a time. In one case, while distinguishing the leave from holidays, it has been held that in this connection reference can be made to item (4) of Schedule III to the Industrial Disputes Act, 1947 which is in the terms Leave with wages and Holidays. This shows that holidays stand on a different footing altogether from leave with wages and a reference for adjudication made by the appropriate government to the industrial tribunal with respect to leave facilities cannot include a consideration of holidays? References: 1. Salkie Transport Agency Ltd., Vs Industrial Tribunal, 1963-I LLj 722. 2. Bisra Stone Lime Company Ltd. Vs Gangapur Labour Union, 1956-I LLj 673 3. Dharendar Rambhan Kathale & others Vs. Second Labour Court and others, 1989 (i) LLn 348; 1989 (58) FLR 355 (Bombay High Court) (ix) ELIGIBILITY OF LEAVE ON TERMINATION What is the law relating to leave in a case of dismissal, discharge or termination of employment of a factory worker regarding leave unavailed of? In case of dismissal or discharge or termination of service during the course of the first year of his service, a worker/employee is entitled to leave with wages at the rate of one day for every 20 days work inspite of his not having qualified for the same leave by putting in the requisite number of days of week. Where termination of employment of a worker/employee concerned is prior to his taking the entire leave due to him or else he has already applied for leave, which was granted to him, if at such a stage the employee or the workman decides to quit his employment before availing of the leave granted to him, he is to be paid the amount of leave wages due to him in respect of the period of leave not availed of by him. Such payment should be made to him before the expiry of the second working day following such termination. When a worker quits or gives up his employment of his own volition, any payment due to him, should be made on or before the next pay day. The period of unavailed leave of a worker/employee need not be taken into account in reckoning the required period of notice due to a worker before discharge or dismissal.

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(x)ENCASHMENT OF LEAVE BEFORE COMPLETION OF ONE YEARS SERVICE : Will an employee resigning from service be entitled to encashment of earned leave for the previous year even when he has not worked for 240 days? Such an employee will be entitled for leave by virtue of section 79 sub-section (3) of the Factories Act, 1948 for the prescribed number of days worked in the current year. Reference: Suhrid Geigy Ltd., Baroda Vs. State of Gujarat, 1979-I LLJ 311 (Guj.HC) (xi) ENCASHMENT OF EARNED LEAVY BY TEMPORARY WORKERS ONTERMINATION Will temporary workers working for six months will be entitled to leave in the current year on termination of their services even when they have not served for one year? By virtue of S. 78 (3) of the Factories Act, 1948, the temporary workers will be entitled for leave at the rate mentioned under section 79 (1) (i) of the Factories Act for the number of days worked by them in the year. As a result of the amendment in Factories Act in 1976, the concept of current years period being also counted for leave with wages in the case of a worker who is discharged or dismissed or quit his employment or is superannuated or dies while in service during the course of the calendar year. (xii) ENCASHMENT OF LEAVE ON RESIGNATION

Will an employee be entitled to Encashment of the period of unavailed leave when he tenders his resignation ? Under Delhi Shops and Establishments Act, an employee will not be entitled to Encashment of privilege leave if he tenders his resignation. The acts of various States have identical provisions. However, under Factories Act encashment of

privilege leave has been permitted by an amendment of the Act in 1976. (xiii) FESTIVAL HOLIDAYS What are the legal obligations of an employer to grant festival holidays? Factory Legislation does not provide for the grant of festival holidays to industrial workers. The U.P. Assembly has passed U.P. Industrial Establishments (National Holidays) Bill regulating the position in regard to National Holidays. Although it is not a statutory obligation, some quantum of Festival and National Holidays with Pay are usually granted in well established factories. This is done either on the basis of mutual agreement or by an award of the industrial tribunal.
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While directing the grant of Festival and National Holidays, the industrial tribunals take into account the nature of industry, economic position of the undertaking concerned, the prevalent practice in the locality itself and such other factors, which may be considered relevant to the situation. (xiv) FITNESS CERTIFICATE

At times, an employer insists that an employee has availed of sick leave he should produce a fitness certificate before joining his duties. Is it a legal necessity? Such a fitness certificate is for a competent assurance that he is physically fit specially when a worker is suffering from illness or injury. But there is no

justification when the leave asked for is only for a short period. In case when a workman is suffering from infectious disease such as tuberculosis etc., the question is not only whether he is fit but there is a further question to decide whether he has been cured sufficiently so that he is not in a position to pass the infection to other employees working with him in the concern. References: 1) 2) (xv) Surat Bus Co., Ltd., Vs workmen, 1954 ICR 491 (IT Bombay) Presidency Talkies (P) Ltd., Vs. Workmen, 28 FJR 99 (Madras HC)

GUIDELINES FOR LEAVE AND HOLIDAYS

What are the guidelines for fixing the leave and holidays of the employees? It is well known that both legislation and industrial adjudication seem to obtain similarity or uniformity in terms of service in the same industry existing in the same region, as far as it may be practicable or possible, without doing injustice or harm to any particular employer or a group of employers. Accordingly, in fixing the leave and holidays permissible to the employees of an establishment, the principle of region-cum-industry has to be borne in mind. General, in the matter of providing leave rules, industrial adjudication prefers to have the same conditions of service in the same industry situated in the same region. References: 1) Gramophone Co. Ltd. Vs. Its workmen, (1964) II LLJ 131 (137-38)(SC); (1964) 9 FLR 10. 2) Associated Cement Staff Union Vs. Associated Cement Co., (1964) I LLJ 12 (15) (SC); (AIR) 1964 SC 964; 1963-64 FJR 305; (1964)(8) FLR 108; 1964 (1) SCRW 265.
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3)

Pfizer (P) Ltd. Vs Its Workmen, (9165) ILLJ 543 (544) (SC); AIR 1963 SC 1103; 1963-64 24 FJR 283 (1963) 6 FLR 240; 1963 2 SCI 542.

4)

Alembic Glass Industries Ltd. Vs. The Workmen (1976) II LLJ 316 (SC); AIR 1976 SC 2091; 1976 Lab. IC 1344; 1976 (SC) 712; 1976 SCCL 453; 33 FLR 194; 1976-2 LLN 483.

5)

Rai Bahadur Diwan Badri Das Vs. Industrial Tribunal, (1962) II LLJ 366 (371-72) (SC); AIR 1963 SC 630; (1962) 5 FLR 354; (1962-63) 23 fjr 254; (1963) 2 scj 193. In this case there was no evidence adduced by the employer in regard to the conditions of earned leave prevailing in the comparable industry in the region.

(xvi)

HOLIDAYS BETWEEN LEAVE PERIOD

Are holidays intervening in the leave period excluded for the purpose of counting the number of leave ? There are differences on this point in the various States. There is, however, a common and certain principle which is true for the Factories Act and all Establishment Act. In all cases, if the leave begins or terminates on a holiday or close day, such days are excluded from the calculation of the leave. With regard to

intervening holidays and close days, however, there are differences. The Factories Act includes such holidays for factory workers as do Bombay and Madhya Pradesh for establishment employees. On the other hand, Bihar, U.P., Kerala and Orissa exclude such intervening holidays from the calculation of leave. References: Pfizer Private Ltd., Bombay Vs. Their Workman, 1963-I LLJ 543; AIR 1963 SC 1103; (1963-64) 24 FJR 283, (1963) 2 SCJ 542; (1963) 6 FLR 240. (xviii) LEAVE AND ESIC Can a worker of a factory covered by Employees State Insurance Act get sick leave as a matter of right by producing ESI slip in support of his request for leave? An employer is not bound to grant leave to worker on his producing a slip from a doctor of ESIs to the effect that he is ill. The slip only contains information that the worker is to remain under medical treatment. There is no provision in the employees State Insurance Act to bind the employer to accept the slip from the doctor of ESIs and Grant leave to the worker on it.
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References: 1) Buckingham and Carnatic Co., Ltd. Vs Venktteys, 1963-II LLJ 638 SC; 1964 AIR SC 1272; 1963 LLj 141; 25 FJR 25; (1963-7 FLR 343; 1965 I SCA 41. 2) D.C.M. Silk Mill Vs. Prem Chand, Delhi Gazette dated 17-91970 p. 549. (xix) LEAVE ON FALSE GROUNDS

What punishment can be meted out to an employee when he takes leave on false grounds? Such a misrepresentation amounts to a serious misconduct and the employer can even dismiss an employee. Where the management discovered that the employee had concealed the fact of his travel to Colombo, and further aggravated it by giving an explanation to the management that he had gone away to a place in Rajasthan for the treatment of his wife, the High Court held that his dismissal of service was not unjustified and the punishment was not disproportionate between the charge and the punishment. References: 1) 2) B.D. Tripathi Vs Indian Airlines Corpn. 1987 LLR 186. Bank of Madura Vs. Bank of Madura Employees Union, 31 FJR 249 (Madras High Court) 3) 4) Vijay Mills co. Ltd. Vs. Workman, II FJR 47 (IC) Bawa Crockery House Ltd. Vs R.N/. Bhoumik 1954 I LLJ 335; 1954 LAC 239 (LAT) 5) Burn & Co., Vs Workman, (1958) XV FJR 38; 342; AIR 1959 SC 529 (1959) I LLj 450 6) 7) (xx) Roopnarain Ramchander (P) Ltd., Vs Delhi, 28, FJR 449 (Punjab HC) Binny Ltd., Vs Workman, (1974) 3 SCC 157; 1973 SCC 444 (L&S) LEAVE AND MEDICAL CERTIFICATE

Can an employer insist on production of a medical certificate for granting leave for sickness? In any case management is entitled to insist upon production of a medical certificate when medical leave is requested for and especially when such period of leave is for a fairly long period. If a worker remains absent without leave being
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granted to him, then he would be himself to blame in case the management decides to take action against him for continued absence without leave. When a workman fails to produce a medical certificate from a government doctor as required by the management and he was discharged on failing to do so, it was held that the action of the management was quite proper and in order. References: India Sugar Mills Ltd. Vs Their Employees, 1961 II LLj 131 (IC Lucknow)

(xxi)

LEAVE TRAVEL ALLOWANCE TO A REINSTATED EMPLOYEE

Will an employee reinstated by the labour court be entitled to leave travel concession from the employer for the intervening period, i.e. between termination and reinstatement? No. Such a concession for leave travel to a reinstated employee from the date of dismissal to date of reinstatement will not be available. The monetary claim by such an employee for such concession also cannot be upheld since the leave travel concession without undertaking travel cannot be allowed. References: Hindustan Zinc Ltd., Vs Jialal Kapur, 1987 (2) LLN 219 (xxii) MASS CASUAL LEAVE What remedies are available to an employer if all the employees apply for casual leave and hold demonstration at the premises of the undertaking? In order to provide teeth so to say, to the organised trade union activities and to give pointed expression to the grievances of the workers as against an employer, a new weapon of resorting to casual leave on mass, appears as a new phenomenon. There is no doubt that subject to sanction of leave by the competent authority, an employee is entitled to avail casual leave in accordance with regulations of the undertaking concerned. Normally, and employee will not be refused such a leave if it is due, unless there are compelling reasons for refusing to sanction casual leave due. When casual leave is applied for on a mass scale with the object of emphasising their grievance, further backed up by demonstration and using this means of collective bargaining, then the application for mass casual leave has to be looked at from a different perspective.

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If interpreted strictly, it may be taken to amount to refusal to work and this maybe regarded as going on strike though in a milder form than what strike usually connotes in industrial adjudication. It will be illegal if such action does not conform to the provisions of Industrial Disputes Act, a move for casual leave on mass may well call for disciplinary action. References: Standard Vacuum Oil Co. Ltd. Vs Guna Seelam MG 1954-II LLj 654 (LAT) (xxiii) MEDICAL CERTIFICATE AND OBLIGATION OF AN EMPLOYER TO GRANT LEAVE Whether an employer is bound to grant leave to an employee on his application for sick leave supported by a medical certificate? Does it make any difference if the medical certificate is from a registered medical practitioner or a Vaidya? Every case has to be judged on its own merits, such as previous background, service rules and prevalent practice. Since there is no specific law on the subject, the following case may be considered by way of an obiterdicta. At the same time, it has also been ruled that the management, is not bound to accept each and every medical certificate presented. Primarily, it is a question of being satisfied with the medical certificate presented. If an employee worker produces a medical certificate from a registered Vaidya, the management may ask him to produce a certificate from a Government Doctor. If the employee/worker does not produce medical Certificate as asked for, then the employee/worker concerned is at fault. When an application for sick leave is accompanied y a certificate from a registered doctor, the said certificate should generally be accepted as from an expert, who is in the best position to say whether the employee concerned is in a fit state of health for joining and discharging his duties normally. When in such a case leave is refused by an employer without sufficient reason for doing so, then his action may be regarded as arbitrary and capricious, References: 1. 2. Yashmani Sita Ram Rone Vs. Godless Wall Ltd., 1954 LLj 505. Upper India Sugar Mills Ltd., Vs. Their Employees, 1951-II LLJ 128 (IC Lucknow)

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(xxiv) NECESSITY OF APPLYING FOR LEAVE Is an application for leave necessary? Whenever an employee requires any leave, he has to send a leave application even if the employee has some just cause for his absence. It is to be noted that no employee may claim any leave as a matter of right, nor can he be absent from his duties without permission. It has been held by the courts that the absence without any application for leave is gross violation of discipline. In case the worker is so ill that he is unable to sign the application for his leave or extension of his leave, in such an eventuality, he could ask someone else to make such an application on his behalf. References: 1) Burn & Co. Ltd. Vs Their workmen, (1959) I LLJ 450; AIR 1959 SC 529; 15 FJR 388. 2) Mill Mazadoor Sabha, Bombay Vs Indo Africa Dyeing Works, 1966-I CR 62 (866) 3) India United Mills Ltd., Bombay Vs. Rashtriya Mill Mazdoor Singh, 1959-II LLJ `120 (IC)

(xxv) OBLIGATION FOR GRANTING LEAVE Is an employer under any obligation to grant leave as applied for ? Except for justifiable reason, leave cannot be demanded as a matter of right even if such leave has accrued to an employee. An employer is under an equitable obligation to grant leave to an employee up to a maximum limit of leave to his credit for bona fide reasons. At the same time it is expected that without previous intimation and obtaining prior sanction, the employee to whom leave is granted, will not extend or exceed the period of leave so granted. It is recognised that every man is likely to have certain social obligations to fulfil. He is also liable to fall ill at time or else there may be deaths or serious illness in the family. Equity always protects an employee who has to absent himself for a justifiable, he may have to extend the limit of his leave prescribed by the rules of the establishment concerned. It is obvious that no management may reasonably expect that an employee will never fall ill. In such cases the exigencies of business have preference only to a certain limit despite the statutory provisions and service rules. References: Blackwood (India) Ltd., Vs R.M. Kumhgajee, 1951 (II) LLJ 782 (IT)
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(xxvi) OVER-STAY OF LEAVE AND TERMINATION What will be the consequences if the services of an employee are terminated due to overstay of leave? In view of the decided cases more particularly L. Robert DSouza v. Executive Engineer Southern Railway, AIR 1982 SC 854 termination due to overstay of leave or even abandonment will be deemed as retrenchment and failure to comply with requirements of section 25-F of the Industrial Disputes Act, 1947 by the management will make the termination illegal and unlawful. In one case, the services of an employee were terminated because of his overstay of leave without holding an enquiry it has been held that it amounted to retrenchment. Since the conditions precedent for retrenchment were not complied with, the employee will be entitled to reinstatement with other benefits. References:: Mohd. Abdul Khadier Vs. A.P, State Road Transport Corporation and another, 1981 Lab IC 90. (xxvii) PRIOR SANCTION OF LEAVE Is it essential for an employee to obtain prior sanction for his leave before availing it? Before an employee goes on leave, he should obtain sanction for it in advance. It is all the more important to do so when the leave rules of the establishment provide that casual leave may be granted without causing interruption to the work. In other words, no worker can proceed on privilege leave without first applying for it and obtaining its sanction. When the standing orders of an industrial establishment provide that for extension of any leave, an application should be made to that effect before the expiry of the leave already granted. If it is not done, the management has the right to refuse extension of leave if the application for it is not received in advance in accordance with the rules. References: 1. Rabindra Sen and others Vs. First I.T., 1963-I LLj 582 and 1963 VI. FLR 45 (Calcutta High Court) 2. Plundu Kamalji Vs Turner Haare & Co. Ltd. Bombay, IX FJR 190(IT Bombay) 3. Cuttack Electricity supply Co. Ltd. Vs workman, 1964-I LLJ 725 (IT orissa)

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(xxviii)QUALIFYING PERIOD FOR MATERNITY LEAVE Will it be necessary that a woman employee must have worked for 160 days for availing of maternity leave under the Maternity Act? In one case, a woman employee worked for 157 days full and 4 half days in twelve months. It has been held that four half days must be counted as full days. Thus she would be entitled to maternity leave. Reference: Ram Bahadur Thakur (P) Ltd., Vs Chief Inspector of Plantation, 1989 LLR 134 (Ker.HC) (xxix) REFUSAL BY EMPLOYER TO EXTEND LEAVE Whether refusal by an employer to extend leave by an employee will the justified in all cases? It depends upon the facts and circumstances of each case and in genuine cases, refusal to the sanction of leave cannot be unjustified. For instance, in one case petitioner was arrested by police and was in detention from July, 5 1971 to September 21, 1971. He applied for leave beyond August, 13, 1971 but his request was rejected. It has been held by the Allahabad High Court that refusal to extend leave beyond August 13, 1971 did not appear to be justified. Reference: Afsar Mian Vs Labour Court,1991 (63) FLR721 (All HC) (xxx) REFUSAL TO GRANT CASUAL LEAVE Under what circumstances an employer can justify the refusal to grant casual leave by the employees? Casual leave is invariably granted by an employer. However, where the employees applied for casual leave to participate in an agitation against the management, the applications were rejected. Despite that the employees absented themselves from duty and participated in the agitation. The management did not pay their wages for the day. The authority under the payment of Wages Act did not uphold the decision of the management but in an appeal, the High Court held that even though the employees have a right to avail casual leave but they cannot claim that it should be granted on any particular day even when the exigencies of service do not justify such granting.

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(xxxi) RIGHT TO AVAIL LEAVE Can an employee avail leave as a matter of right? Leave which means authorised absence from duty has never been a matter of right. It is fairly settled that leave must commensurate with the nature of work, and must be congenial for creating suitable atmosphere for employment. The employer can thus refuse to grant leave to an employee due to exigencies of work and the employee has to be intimated to this effect. Reference: The Workman of Orissa Transport Corpn. Ltd. Vs Orissa State Transport Corp. Ltd., and others, 1975-I LLj Page 11. (xxxii) SCHEME OF LEAVE What should be the scheme of leave in the factories? In order to ensure the continuity of work, the law permits a scheme of leave to be drawn up by the manager of the factory in agreement with the works committee of the factory or a similar committee or otherwise in agreement with the representatives of the workers. When the scheme is completed, it is to be lodged with the Chief

Inspector of Factories. Such a scheme should be displayed at some conspicuous place in the factory and it will be in force for a period of 12 months. Thereafter, this may be renewed with or without modification for a further period of 12 months at a time by a similar agreement, followed by sending a notice of renewal to the Chief Inspector of Factories. (xxxiii)SICK CERTIFICATE FOR AVAILING LEAVE Can an employer insist on production of a medical certificate by an employee when the latter is seeking sick leave for a day only on account of his illness? In one case, the Supreme Court has held that no workman will get himself treated by a doctor on the very first day of his illness. For minor ailments, no worker will go to a doctor for treatment and it would be a great hardship to the workman if medical certificate from a qualified doctor were insisted on for a days illness. The court had expressed its opinion that it would not be expedient to insist on the workman for producing a medical certificate from a qualified doctor in order to obtain a days sick leave on slight indisposition. Reference: Associated Company Ltd. Vs Cement Workers Kamgar Union, 1972-II LLj 40
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2.3.2 MIS CONDUCT:: Misconduct comprises two words, Mis means bad and Conduct means behavior. It is a relative term and occurs in various enactments and so it has to be construed with reference to the subject-matter and the context in which it occurs. It literally means to conduct a miss, to mismanage, wrong or improper conduct, bad behavior, unlawful behavior or conduct. The synonyms are misbehavior, It implies to misdemeanor, mismanagement, misdeed, delinquency, offence.

wrongful intention and not a mere error of judgment. It does not necessarily imply corruption or criminal intent. An omission to do what is expected or to do what constitutes misconduct. Whereas if such failure is directed to intentionally cause mischief or loss to any person, then it is called willful misconduct. This shows that, misconduct is a specific word with a specific connotation. It is not mere

inefficiency or slackness. It is something far more positive, and certainly, deliberate disobedience of any order of a superior authority would be a species of misconduct. The charge of misconduct therefore is the charge of some positive act or of conduct, which would be quite incompatible with the express and implied terms of relationship of the employee, to the employer. What is misconduct will naturally depend upon the circumstances of each case. SYNOPSIS (i) (ii) (iii) (iv) (v) (vi) (vii) Absence from duty Action for doing personal work Assault on a superior officer Dishonesty and/or fraud Disobedience of order of transfer Disobedience and insubordination Dissuading customers

(viii) Drunkenness a grave misconduct (ix) (x) (xi) (xii) False allegations against employer Gambling/playing cards at work place. Go-slow and piece-rated workers Gross negligence

(xiii) Habitual negligence (xiv) Holding meeting at place of work


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(xv) (xvi)

Hunger Strike Inciting workers for Go-slow

(xvii) Late attendance at the place of work (xviii) Loitering by workers (xix) (xx) (xxi) Misconduct other than as defined in standing orders Misrepresentation for employment Molestation of female workers

(xxii) Money lending business (xxiii) Obstruction by strikes (xxiv) Obstructing the officers movement (xxv) Participation in illegal strike (xxvi) Partial refusal to work (xxvii) Persistent refusal to perform duties (xxviii)Refusal to accept an order (xxix) Refusal to accept letters (xxx) Refusal to leave factory premises after closing hours (xxxi) Refusal to work beyond duty hours (xxxii) Refusal to vacate quarters (xxxiii)Riotous and disorderly behavior (xxxiv) Seriousness of go-slow tactics (xxxv) Shouting slogans in the factory (xxxvi) Subversive of discipline (xxxvii) (xxxviii) Sleeping during duty hours Strike in Public utility service

(xxxix) Misconduct of theft (xl) (xli) Teasing women workers on duty Termination for unsatisfactory work

(xlii) Threatening a superior (xliii) Vulgarity on the part of an employee

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(i)

ABSENCE FROM DUTY

When can an employer dismiss his employee for his absence from duty? Absence from duty for a short period or for a day or two is not an offence serious enough to merit dismissal, but during the period of his duty if a workman leaves the premises without permission and does so repeatedly, then it becomes a serious misconduct and he may be punished and even discharged. In another case, the attendance record of the workman established that he was chronic defaulter. He has not given up the habit of attending office at his convenience and then behaving in arrogant fashion. His removal from service was held not to be harsh. It was further held that the order of the minister couldnt be faulted because the time has come when it is necessary to observe some discipline and some norms of good behavior in employment. The Kerala High Court has also held that the dismissal of a workman guilty of habitual absence will be justified. In another case the Madras High Court has come with a categorical judgement in this regard which says that if an employee has lost the confidence of the employer due to habitual and frequent absence from duties, his dismissal by the management will not be unjustified. It was further held that if the Labour Court orders for the reinstatement of the employee, it would perpetuate the reptured feeling between the parties which would be harmful for both. References: 1. Indian United Mill Ltd. Vs. Rashtriay Mills Mazdoor Sangh, Bomba, 1959-II LLj 120 (IC Bom,) and B.M.S. Motor Service, Coimbatore Vs. Workmen, 7 FJR 602 (IT); Chandrakant Tatoba Kumbhar Vs. The Chairman Agriculture Produce Market Committee and others, 1989 LLR 166. 2. 3. (ii) K.I.Varkey Vs FACT Ltd. 1993 LLR 263 (Kerala High Court) M.Arungiri Vs Bata India Ltd., 1991 LLR 71 (Madras High Court) ACTION FOR DOING PERSONAL WORK

Can an employee be dismissed if found doing his personal work during his working hours? No employer, as a rule, ever expects, much less approves any of his employees doing any sort of personal and private work during the hours of his duty. This also precludes his activities concerning his union. In one instance an employer expressed his view that wasting and avoiding to perform his allotted duties and instead involving himself and his time in his personal
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and private work on the premises of the undertaking, should be listed separately as a misconduct as per standing orders in force. The Industrial Court, Bombay, took the view that it was obvious a worker was not supposed to do any personal or private work on the premises of the mill during the working hours. If he does so, it will amount to misconduct arising from an act being subversive of discipline. To prevent any such difficulty from arising, rules could be made or instructions could be issued so as to prohibit any personal or private work being done by any operative during the working hour so as to ensure smooth and orderly maintenance of working of the undertaking. Habitual breach of any such rules or instructions will be regarded as a serious misconduct and the employer can take action against such erring employees. Reference: Textile Mills, Baroda Vs. Their workmen,1952 II LLj 225 (IC Bom.) (iii) ASSAULT ON A SUPERIOR OFFICER

Whether an assault on a superior officer is misconduct and can an employee be dismissed on this count? Assault on a superior officer is without doubt a serious misconduct. In answer to the question posed above, the attention has to be drawn to the under mentioned case. Some workers surrounded the cars of their officers and prevented them from proceeding to their destination. The crowd of workmen were at the same time shouting. Maro Salon ko,. One of the work man dragged the labour officer out of his car. By such action these workmen were seriously guilty of disorderly and riotous conduct, with an attempt to cause physical injuries to some of the officers of the company. Finally, they were convicted under section 341 of the Indian Penal code. From this, it is pretty obvious that threats with abuses and even attempted assaults on a superior officer or insulting, attacking by any other means whatsoever, is a grave offence and in any case a serious misconduct punishable by dismissal. In another case, an employee entered in the room of the manager in a mob, caught hold of his collar, manhandled him, it has been held that such acts on the part of the employee amounted to serious misconduct and his dismissal from service was justified. In another case, a workman was asked by the supervisor to do his allotted work. The concerned workman not only refused to do it but also assaulted the supervisor by inflicting injuries on him. It has been held by the Kerala High Court that it is not
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reasonable to think that punishment imposed is unduly harsh or that the findings of the labour court are vitiated by errors apparent on the face of the record either this reason or any other. References 1. Bengal potteries us. Their workmen, (192-1 LLJ 44 IT), Shalimar Rope us. Workmen, 195-II LL J 876: Mill Mazdoor Sabha us. Empire Dyeing & Mfg. Co. Ltd. 1957 II LLJ 415(LAT): Bengal Chemical & Pharmaceutical Works us. Work men, 1955 II LLJ 254. 2. Lalu Mahto us. Central Govt., Industrial Tribunal Dhanbad & Other, 1987(1) LLN 643: 1987 Lab IC 416. 3. Sivarajan us. Presiding Officer, 1989 LLR 74 (Kerala High Court) 4. Ram Asrey and others us. Labour Court II Kanpur, and another 1991 (I) LLN 487: 1990 LLR 330 (Allahabadd High Court) (iii) DISHONESTY AND/OR FRAUD

Can an employee be dismissed for dishonesty/fraud? Acts of dishonesty and /or fraud certainly constitute misconduct of a serious nature, which not only attract dismissal, but much else as their legal consequences.
1

The punjsb & Haryana High Court has held that a bus conductor guilty of collecting fare form passengers and pocketing even Rs.9.70 Paise will liable to be dismissed since it will amount to serious misconduct. References: 1. Workmen of Dema Dim Tea Estate us. Dema Dim Tea Estate, 1963-1 LLJ 250 (SC) : (1962) 5 FLR 372. 2. State of Punjab us. Harjinder Singh 1993 LLr 52 (P & H High Court) (V) DISOBEDINCE OF ORDER OF TRANSFER Is disobedience of a transfer order a misconduct? If the disobedience of a transfer order is deliberate, then it is undoubtedly an act of misconduct. Whether disobedience is willful or not will largely depend on the facts of each case. On receipt of an order of transfer, an employee has a right to make representation against such an order. consideration of the management. Such a representation has to receive due

During the tendency of consideration of the

representation, the effect need not be given to the transfer order until disposal of the representation is made. In these circumstances, it might not be construed at all as a
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case of deliberate disobedience of an order when the whole issue is in the melting pot and receiving a fresh look at it. If, however, the management rejects his protest or representation and such decision is communicated to the worker concerned, there will be nojustification for his failure to comply with the order as it then stood. If after repeated communication to him of the order by the management, the workmen concerned still persists in not giving due effect to it, he will be guilty of deliberate refusal to comply with the order of his transfer was dismissed from service after proper enquiry, it has been held that his dismissal for disobedience of the transfer order was justified. References 1. Workmen us. Management of State Bank of Patiala, Gazette of India part II section 3 dated 10.20.1973 (IT). Lynx Machinery Ltd. Us. Workmen Calcutta. Gazette part I-C dated 31.10.1968 2. Banmali Patel Vs Authority of India Ltd. Lab. IC 1685; 1986(2) LLN 967 (Orissa) (vi) DISOBEDIENCE AND INSUBORDINATION

Whether refusal by a stenographer to type a delivery challan amounts to a misconduct and if so, what punishment can be awarded? The conduct of the workman consisted to declining to type out delivery challans which was a part of his duty and by refusing to obey the lawful orders of the superior officer amounted to insubordination. If there were no valid reason justifying such conduct, the disobedience would also amount to an act of indiscipline. A subordinate officer or employee on duty bound to obey lawful order of a superior officer. The concept obedience is implicit in the fact that official receiving the order is subordinate to the officer giving the order and a lawful order has to be obeyed unless there is strong justification for not complying with such a lawful order. It is this conduct of declining to obey an order, which not only results in disobedience, but the conduct would also amount to insubordination. Where a workman disobeys a lawful order, he can be said to be guilty of insubordinate and it needs hardly to be stated that misconduct arising from disobedience and insubordination would also amount to indiscipline.

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A stenographer is an essential part of any commercial or administrative office. The very fact that a responsible employee like a stenographer indulges in deliberate disobedience of lawful order is sufficient to warrant a punishment of dismissal. Reference: Sarabhari M.Chemicals and S.M. Chemicals and Electronics Ltd. Vs M.S. Ajmere and Anr. SCA No.1777/74 decided on 22-7-1979 by a Bom. HC, 1980 (40) FLR (439) (vii) DISSUADING CUSTOMERS Division Bench of

Will termination of an employee be justified if he dissuades the customers to buy the products of the employer? Undoubtedly, dissuading customers of the employer by a workman will amount to a serious misconduct. In one case, the main charge against the workman was that he dissuaded customers of the management from purchasing new carpet from the Coir Board show room and volunteered to repair old carpets and received an advance of Rs.60/- for the repair. His termination was confirmed by the Division Bench of Kerala High Court saying that it amounted to serious misconduct. Reference: M. Rama Warrier anmd other Vs Coir Board, Ernakulam, 1989 LLR 393 (Kerala High Court) (viii) DRUNKENNESS A GRAVE MISCONDUCT Can an employee be dismissed if he is found drunk while on duty? Drunkenness had been a serious charge which warranted punishment of dismissal. However, in one case the Supreme Court has taken a lenient view in setting aside the dismissal of a driver who was dismissed for consumption of liquor while on duty. After considering the facts and circumstances of the case, the Supreme Court confirmed the order of the labour court for reinstatement directing as a punishment that the driver should not be given three annual increments in the time scale and that he would not be entitled to back wages. In another case decided by the Rajashtan High Court, the charge against he driver was that he was in drunken state and demanded Rs.10 from his colleague conductor and on the refusal by the latter, he inflicted grievous injuries. It has been held that the dismissal as awarded will be justified. The Bombay High Court has held that the Lbaour judge was absolutely in error when he came to conclusion that the management could not prove that on the date in question at the relevant time the workman was on duty and that he was drunk.
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While quashing the award of the Labour Court, the High Court held that instead of reinstatement, the workman stands retired from, 14-1-1980 and will be given all terminal benefits within six months during which the workman shall hand over vacant possession of the quarter occupied by him. References:1.Jaswant SinghVsPepsu Roadways Transport Corporation and another 1981 Lab. IC 7(SC) 2). Rajasthan State Road Transport Corp. Vs Habib Khan & Ors. 1993 LLR 294

(Rajasthan HC) 2) Bai Jerbai Wadia Hospital Vs Shankar Ramachandra Mali, 1993 LLR 54 (Bombay High Court) (ix) FALSE ALLEGATIONS AGAINST EMPLOYER

What can be the consequences if an employee makes false allegations against his employer? It is implicit in the relationship of employer and employee that the latter has to remain under discipline. Making false allegations against a senior officer to the higher authorities and outsiders is not only an act intended to malign such an officer, but also an act sufficiently to establish lack or disregard to establishment discipline. In one case, their Lordship have held that it is, therefore, not possible to agree with the learned counsel that the charges do not amount to misconduct. Reference: Babulal Shgarma Vs. M.P. Elkectricity Board, Jabalpur and others, 1984 (49) FLR 267 (x) GAMBLING/PLAYING CARDS AT WORK PLACE

Would playing cards or gambling at the work premises constitute a misconduct? Playing cards during the working hours at the mill premises will be construed as an act subversive of discipline. Gambling by cards or by any other means will be looked upon as worse offence. When some workers were found gambling behind their canteen during the working hours, they could not escape the charge of being seriously guilty of misconduct. In another instance, some workers were caught

around a sack on which there was some money, as well as playing cards. As no acceptable explanation was forthcoming from the workers concerned, the reasonable inference was that these workmen were gambling with cards.

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In another case, an employee was found guilty of playing cards during duty hours. He was thus removed from service. The Bombay High Court held that his removal was disproportionate to the gravity of the charge. Thus instead of his

removal from service the punishment of reduction by two stages in the time scale for a period of three years without having effect of postponing future increments was ordered by the High Court. References: 1) Finlay Mills Ltd. Vs Bhikaji Sadhashir and others, 1969 ICR 186, 198 (IC), Janardhan Govind Kholankar Vs Velver Dyeing & Finishing Co., Mah. Gaz. Dated 12-3-70 p. 1635 (IC) 2) Tejulal Ram Lal Vs. Assit Engineer and others, 1988 (2) LLN 694.

(Xi)GO-SLOW AND PIECE-RATED WORKERS What is the test for Go-Slow? Can a piece-rated employee be punished for slowing down the work? One of the ways of testing or determining or detecting whether any worker has resorted to the tactics of going slow, will be to compare the average daily normal production over a considerable period of time previous to any trouble arising with the present rate of production. The workers are expected to maintain average production. It is not within their rights to assert that when they are paid at a piece-rate, they can work as much or as little as they choose to do. If they deliberately reduce the average daily production, they are guilty of going-slow or retarding the normal rate of production. They will be also guilty of misconduct. References: 1. Firestone Tyre and Rubber Co. Of India Ltd., Bombay Vs. Bhoja Shetty and another, 1953-I LLJ 599 (LAT) 2. 3. Ashok Motors Ltd., Vs. Their workmen, 1953-II LLj 793 (IT Mad). Mohammed Ismail and others Vs. Saabyand Former (India) Ltd., 1956-I LCJ 73 (LAT)

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(Xii)GROSS NEGLIGENCE Can the services of an employee be terminated on the basis of gross negligence on his part? Gross negligence is not such a serious misconduct as to justify termination of an employee. In one case, an employee was working as a bus conductor and in advertently issued tickets to twenty-three passengers in reverse order. The employer terminated his services. The industrial court held that the conduct of the employee was tainted with dishonesty and as such he could not be kept unemployment. However, the Madhya Pradesh High Court, while quashing the order of termination held that the act of the employee was an act of gross negligence and not of dishonesty to justify termination. It was further held that though dishonesties not inferred yet some penalty deserves to be imposed on the employee. Thus reinstatement with forfeiture of back wages will be the appropriate punishment. In another case, the Bombay High Court has held that a driver of Public Transport guilty of rash and negligent driving and causing an accident will be liable to be dismissed.

References: 1) Raghuvir s/0. Sh. Bhanwarlalji Pandya Vs. Industrial Court of M.P., Indore and others, 1989 LLR 287 (MP HC) 2) Divisional controller MSRT Wardhja Vs. Dnyaneshwar 1993 LLR 212 (Bombay High Court) (XII) HABITUAL NEGLIGENCE What is Habitual Negligence? Habitual negligence means that a workman is by habit negligent in the discharge of his duties and, therefore, when negligence is sought to be proved, it is not by reliance on any stray incidence but habitual one. It can be established by a series of negligent acts his habits or tendency on the part of the employee. References: 1) Ramji Dadabhai Patel Vs Parle Products Mfg. Co. Ltd. Bombay, 1953 ICR 240 (IT Bombay) 2) Fort William Jute Mills Vs. Howrah Zillah Chokal Mazdoor Union, 1952 LAC 299, 1952 II LLJ 320.

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3)

Virendra Prasad Vs. U.O.I. and others, 1986 Lab. IC 1961; 1986 (53) FLR 363; 2 LLN 1969; It has been held that mere error or judgment or mere negligent way of dealing in the matter cannot by itself be termed to be misconduct.

(Xiv)HOLDING MEETING AT PLACE OF WORK Is it within the rights of the employees to hold meetings of the union at the premises of the establishment or the place of work? In one case, the Punjab High Court held that if an employer prohibits any meeting from being held on his premises by the workers or their union, the employer will be within his rights and his order prohibiting holding of any meeting in his premises will not be violate in any way of Art.19 of the Constitution of India. In this case, the High Court also held that railways in their capacity as employer enjoy the same right as any private individual. References: 1) 2) Railway Board Vs. Niranjan Singh, AIR 1963 Pb.336; 1964(I)LLJ 321 All Orissa Transport Employees Union etc., Vs. State of Orissa 1975 I LLj 48 (xv) HUNGER STRIKE

Whether hunger strike on the part of an employee amounts to a serious misconduct? Although going on hunger strike by an employee is a misconduct but it has been held by Madhya Pradesh High Court that the conduct of an employee in going on hunger strike cannot said to be any breach of rule 3 of the Rules as sitting on hunger strike is nothing but another form of demonstration and manifestation of expression. In a democratic set up like India where certain basic freedoms are

guaranteed subject, of course, to reasonable restrictions. Government or railway servants cannot be excluded from the protection of the right guaranteed by part III of the Constitution, Article 33 carrying out any expression. Reference: Cahndresh Pande Vs Union of India and others, 1985 Lab. IC 1490.

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(xvi)INCITING WORKERS FOR GO SLOW Whether incitement of other co-workers for going-slow is misconduct? If so what punishment will be justified? In one case, a worker, while on his duty, shouted and incited the co-workers inside the shed to stop their work one hour earlier than the scheduled time of ending the work. Then, he formed a procession and led them out of the shed. It was held that the punishment of dismissal in that case was not excessive since the standing order stipulated that inciting any worker to strike work or indulging in disobedience of any lawful and reasonable order of the superior officer, will constitute a misconduct for which he was liable for dismissal. However, the Supreme Court has held that goslow is one such mode of demonstration by the workers for their rights. If there is justification on the part of workers to resort to such activities, the extreme punishment of dismissal will not be proper. References: 1) Kesuram Cotton Mills Ltd. Vs. Gangadhar, AIR 1954 SC 708; Prabhu Shivaprasad Vs Rajnagar Spg. Wvg. Co. Ltd. 1957 ICR 795 (IC) 2) B.R.Singh and others etc., etc. Vs. Union of India and others, AIR 1990 SC I.

(xvii) LATE ATTENDANCE AT THE PLACE OF WORK What can be the consequence if an employee is late in attending his place of work? An employer has a right to insist on regular and punctual attendance of an employee, which is an implied condition of service. Late attendance is a kind of absence from duty for the time that is lost. A casual late attendance may not warrant a serious action. But where a workman was late on more than six times in a year and once was suspended and yet persisted in his late attendance without any valid excuse, his dismissal for habitual late attendance was upheld. Reference Tobacco Mig. (India) Ltd. vs. Cigarette Factory Workers Union 1953 (42) LAT 81. (xviii) LOITERING BY WORKERS Is loitering on the part of a worker permissible during the working hours? No. In the factories, it is usual for the machines to operate automatically while the workers are to keep constant vigil on the smooth functioning of these machines.
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They should never leave these machines under their care alone at any time. Serious view has to be taken of loitering of the worker concerned form the spot or from the machine to which he has been assigned his duties specially when by the very nature of duties, attendance is continuous. Loitering may be viewed as more serious in nature than remaining absent from his duties altogether. What to say of factories loitering cannot be allowed at any place of work. In fact, loitering indicates indiscipline of the employees. References Shantilal Jethalal us.Jehangir Vakil Mills Co. Ltd. Ahmedabad, 1958 ICR 358 (IC). 1. Burn & Co. Ltd us. Their Workmen, 1959-I LLJ 450; AIR 1959 SC 529. (xix) MISCONDUCT OTHER THAN AS DEFIND IN STANDING ORDERS Can an employee be dismissed for a misconduct which is not defined under Certified Standing Orders ? Earlier such an interpretation was not so strict and the words any act subversive of discipline could cover a misconduct which was not enumerated in the certified standing orders. Now the Supreme Court, successively in a number of cases has held that no disciplinary action against a delinquent employee can be initiated or taken in respect of an act of misconduct not defined in the standing orders certified under the Industrial Employment (Standing Orders) Act, 1946 or the other service rules or regulations or even where such acts of omission and commission are vaguely defined. In one case, the Orissa High Court has also held that there was nothing in the staff Regulations of Life Insurance Corporation form which it could be said that the employee was guilty of any misconduct enumerated in the Staff Regulation. In another decided case, the wife of an employee wrote letters about improper administration and sent copies to the President of India, Prime Minister, Governor and others. The Management initiated disciplinary action against the employee who challenged the same on the plea that such a misconduct was not mentioned in the certified standing orders and relief upon the Glaxo Laboratories case. While rejecting the petition, the Madhya Pradesh High Court held that standing order pertained to approaching higher authorities for personal premonitions or any other personal favor or gain through other people, covered the charge leveled against the workman. The Bombay High Court has held that dismissal of an employee for a misconduct other that as enumerated in the standing order will be justified. In the instant case, the
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employee was dismissed after domestic enquiry on the charge of transporting imported goods and for failure to maintain absolute integrity. In another case, it was contended before the Bombay High Court that sleeping while on duty will not amount to a conduct since it was not enumerated in the list of miscounted. Their Lordships held the Model standing Orders which are applicable defined gross or habitual negligence and commission of any act subversive of discipline or good behavior on premises of the establishment covered as a lapse on the part of a workman. It has also been held that a workman. It has also been helf that a workman connot escape consequences of his misconduct for the only reason that it was committed outside the working premise. The Allahabad High Court has also held that the assaulting junior officer by the employees right in front of the factory will amount to subversive of discipline and efficiency within the mill premises. However, while reversing the judgement of Kerala High Court in BPL Ltd. (supra) the Supreme Court has directed reinstatement of the workmen with a court of 75% of the back wages. Reference 1. Glaxo Laboratories (India) Ltd. us. P.O. Labour Courts, Meerut and others, AIR 1984 SC 505: A.L.Kalra us. Project and Equipment Corporation of India Ltd. 1984 Lab. IC 961(SC): Rasiklal Vaghajibhai Patel us. Ahmedabad Municipal Corporation and others, 1985 FJR 225 (SC): 1985 LLRS. 2. Bichitrananda Mohanty us. Managing Director, Life Insurance Corporation of India and another, 1987 Lab . IC 560: (1986) 61 Cut LT 178. 3. Sudhkar Reghunath sarf us. General Manager Administration BHEL poplani, Bhopal, MP., No. 1175/88 decided on 12.10.1989. 4. Fernandes (C.D) and another us. Union of India, 1988(2) LLN 320. 5. Colour chemical Ltd. us. A.L Alaspurkar 1992 (2) CLR 872 (Bombay High Court) 6. B.P.L. India Ltd. us. B.P.L. & P.S.P Thozhilali Union 1990 (2) LLN 320 Kerala High Court. 7. Ram Asrey and Others us. Labour Court II Kanpur and another 1991 (1) LLN 487 (Allahabad High Court) 8. Palghat BPL & PS.P Thozhilali Union vs. BPL India Ltd. & 1995 LLR 1019 (supreme Court)

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(xx) MISREPRESENTATION FOR EMPLOYMENT What action can be taken if an employee gets employment by misrepresentation? In order to secure an employment if an applicant misrepresents and succeeds in getting employment, he is guilty of not only dishonesty, but also of cheating. It is , however, necessary to have a positive proof of such an allegation. For instance, when a candidate for a certain employment states (subjects to proof thereof) that he has passed the intermediate examination and subsequently his application becomes untraceable and in place of it merely a summary of his application and qualification stated therein, are produced, that will not be sufficient evidence. If the clerks

concerned who made such a summary are not examined, in such an event it would be deemed that no evidence has been adduced and the finding will be based on it. The employee who has secured the job on misrepresentation can thus be dismissed by the employer. However, in one case when the services of a temporary employee were terminated since he had concealed the fact of his removal from service under the former employer for the charge of corruption at the time when he applied for the job, it was held that his termination was not justified as no opportunity was given to him before terminating his service. References : 1. P.V. Rao us. General Manager South- Eastern Railway, (1964) 9 FLR 245 (Calcutta High Court) 2. Jagdish Prasad us. Sachiv, Zilla Ganne Committee, Mujaffarnagger, 1986 Lab. IC 1377: AIR 1986 SC 1108: 1986 (1) LLN 1005; 1986(1) LLN 513. (xxi) MOLESTATION OF FEMALE WORKERS Can an employee be dismissed if he molests a female worker? Molesting of female worker by a employee amounts too riotous conduct and constitutes a gross misconduct. Since the conduct of the offender is so obscene that a normal person would unhesitatingly be irritated by it. In one case, it has been held that such a behavior is lax in moral and the management is well within its rights to dispense with the service of an employee if such misconduct is proved. In the given case, the enquiry was held by the tribunal since the employer had terminated the service of the delinquent employee without holding of an enquiry. Reference: MM Deb us. Presiding Officer, Industrial Tribunal Dibrugarh, 1985 Lab. IC 254.
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(XXII) MONEY LENDING BUSINESS Is it permissible for an employee to carry on money lending business at the place of his work? Decisions have been given that carrying on of any money lending business within the premises of an establishment, with fellow workmen/ employees, is an undesirable activity. In a number of cases it has been stated that the relationship of creditor and debtor inter se the workman creates disturbing differences, which are not conducive to smooth and harmonious working within the premises. Carrying on money lending business in the premises at a high rate of interest may be treated as subversive of discipline. In another case, a workman who had lent money to a number of fellow workmen on exorbitant interest and had recollected repayment within the factory premises was charge sheeted by the employer. The explanation of the workman that he merely collected the money within factory premises with did not constitute a misconduct was rejected. Reference: 1. Jan wadhan sharma V. Hukam Chand Mills Ltd., 1950 I LLJ 740 (IC MP) Bhagoji Rashoo Ambakar V.New Great Eastern Spg. & Wvg. Co, 1950 ICR 900 (IC). Dugwadih Colliery V. Ranjit Singh (1964) II LLJ 143; 23 FJR 383 (SC). Digwadih Colliery V. Their Workmen, (1960) I FLR 379 (IT). Samnuggur jute Factory Co. Ltd. v. Workmen, (1964) I LLJ 634 (SC); (1964) 8 FLR 270. S.K. Seshadri and H.A.L. & others, FLR 1984 (47) 157. Hindustan Aeronautics Limited V.B. Gulab Singh & Ors., 1986 FJR 132. 3. Hindustan Aeronautics Ltd. v. Gulab Singh & others, 1986 Lab. IC 1403; 1986 (1) LLN 430; 1986 (32) FLR 443. (xxiii) OBSTRUCTION BY STRICKERS Whether any obstruction in employers business is justified on the part of workers on strike? During strike, the striking workers can neither compel the willing workers to join the strike nor can they obstruct the work being carried on by the employer with the aid of either the willing workers or some other workers freshly recruited. The strikers are, no doubt, entitled to peaceful picketing during the strike, but they cannot participate in acts of any sort, or resort to disorderly conduct, with a view to put the management to harassment or loss in the business. Where the workmen deliberately
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caused obstruction to supervisory staff, it has been held that such a deriliction cannot be condoned and the refusal of employment to such workmen must be held to be justified. 1 The Madras High Court has also held that the striking employees have no right to prevent or obstruct other workers and customers from having ingress or egress out of the factory premises. Also they have no right to cause obstruction in the movement of the goods. Reference: 1. Peco Engg. & Mfg. Works v. Their Workmen, 1957-58 XII FJR 412 (IT) 2. Audeco India Ltd. vs. Audeco India Employees Union & Others. 1990 LLR 29 (Madras High Court) (xxiv) OBSTRUCTING THE OFFICERS MOVEMENT What action can be taken against the employees guilty of indulging in obstructing the superior officers in their movement or putting hindrance in their work? If an employee indulges in obstructing the superior officer in his movement or putting hindrance in his work, he will naturally be guilty of insubordination. Insubordination includes defiance of the person in authority. It should be taken as an implied rule of service that the higher officers would not be prevented from bringing to the notice of the management the wastefulness or any other defect of the workmen. When two workers were charged for preventing the superior officer of other department from discharging his duties, then it was held that they were guilty of insubordination. When a manager is wrongfully restrained or confined with a view to make him concede the demands of the workers, it would be the height of insubordination. References: 1.Calcutta Jute Mfg.,Co. Ltd.v. WorkersUnion,1961 II LLJ 686;1962 supp.I SCR 483. 2.Titagatrh paper Mills Ltd., v. Employees Union, 1957-II LLJ 550 (LAT). (xxv) PARTICIPATION IN ILLEGAL STRIKE Whether punishment of dismissal of an employee is justified if he participates in an illegal strike? Only because a workmen has participated in an illegal and unjustified strike per se will not be sufficient to terminate the services of the workman.
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management is required to establish either during the domestic enquiry or failing that before that labour court of industrial tribunal that the concerned workman has indulged in violence, instigation and abetment or sabotage. Reference: Coco-Cola factory Workers Union V. The Management of Punjjb Beverages Pvt. Ltd., Chandigarh and another , (1986) 69 FjR 1; (1986) 2 LLN 316 (Punjab & Haryana): 1987 Lab. IC 607. (xxvi) PARTIAL REFUSAL TO WORK Where their partial refusal to work on the part of employees amounts to strike? A Partial refusal to work also constitutes a strike. Refusal by employee to assist one another in loading or unloading their carts has been held as a strike. Concerted refusal by workers to clean the looms which was part of their duties was held to be a strike. Reference: Arun Motiram and two othersV. Mafatlal Fine Spg.And Wvg. Co.Ltd.,1956-II 396 (LAT) (xxvii) PERSISTENT REFUSAL TO PERFORM DUTIES Can an employer dispense with the services of an employee by way of dismissal is an employee persistently refuses to perform his duties? In one case the charge against an employee was that despite repeated instructions given first by the Foreman and later by the Assistant Superintendent, the concerned workman refused to carry out the repair which resulted in losses to the management running into several lakh of rupees. And he was removed from the job, while removing the worker the management took into account his previous record. Secondly the offence was very grave, so, the management cannot be accused of having acted arbitrarily in awarding the extreme punishment of dismissal. It has been held that the refusal by the workman concerned of clear instruction was persistent and, therefore, furnished a valid ground sufficient to warrant the punishment meted out by the management. In any case, the punishment cannot be characterised as shockingly out of proportion. Reference: Hindalco Pragatisheel Mazdoor Sabha, Renukoot, Mirzapur v. State of U.P and others, 1992 LLR 24 (Allahabad High Court)
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(xxviii) REFUSAL TO ACCEPT AN ORDER Will refusal of written order by the worker on one or other pretext, which is connected with his work, amount to a misconduct? Some order was issued in English to some workmen. They refused to receive the same. When this case went before the Industrial Tribunal, it was held by it that the refusal on the part of the workers amounted to insubordination and a gross misconduct. So, the tribunal accorded permission for the dismissal of the workers involved. Thereafter, the workmen preferred an appeal before the Labour Appellate Tribunal who held that since the order was sent to the workers in English language, with which the workers were not acquainted, it was the duty of the management to send someone to deliver the communications to them. In this case some Darwans, who could explain to them what the communication was about. In the particular circumstances of the case of these Darwans, they could not be held guilty of refusing to accept the office communication without fully knowing the contents thereof. An appeal was preferred before the Supreme Court against the abovementioned appeal in which the refusal of Darwans was condoned. The Supreme Court was pleased to take the view, since on the previous occasions the Darwans/workers were receiving charge-sheets etc., all communications in English, the refusal on the part of the Darwans to receive the office order on this occasion constituted a misconduct. Reference: 1. Mohd. Sayeed and others v. Tractor India Ltd. II FJR 457(LAT) 2. Tractor India Ltd.,V.Mohd.Sayeed,16 FJR (SC; AIR959 SC 1196; (1959) 2 LLJ 224. 3. Karoo Tansport Ltd., 1950 LLJ 508 (IT Madhurai) 4. Ram Kishen v. Municipal Corporation of Delhi, 1971 Lab. IC 108 (Delhi) (xxix) REFUSAL TO ACCEPT LETTERS Occasionally warnings are communicated by letters or memos. And in case of serious lapses, a charge sheet is given to a worker. The worker/employee is required to sign in token of the receipt of such a communication. Will it be a misconduct if an employee/worker refuse to sign the receipt of accepts the communication. When a charge-sheet was tendered to a worker in the form of a memo and the workman concerned insisted that it should be sent to him by post, it was held to be a
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case of gross indiscipline and his behaviour was not only improper but was calculated to interfere with the normal working of the office. In another case, it was held that the act of refusal to accept the warning letter was an act subversive of discipline within the terms of the standing orders. On the other hand, if a warning is given to a workman without calling for his explanation. Then such a memo of warning will be irregular. The remedy for the worker in such a situation is not his refusal to accept the memo, conveying the warning to him, but instead he should make a proper representation to the management concerned. Reference: 1. Management of Hindustan Insecticides (P.) Ltd., v. Its Workmen, Delhi G.G. Dated 17.1.1958 Part VI 132. 2. Asian Rayon Mills, Bombay v. Sakharam Ragho Sawani, AIR 1959 All.406. (xxx)REFUSAL TO LEAVE FACTORY PREMISES AFTER CLOSING HOURS. What is the remedy open to an employer whose employees remain in the factory premises after the closing hours of the factory? Remaining at the premises of the factory without leave or permission of the employer and without legitimate reason to do so, is unlawful and could be taken for trespassing. In the same way, if the striking workers continue to be in the premises after the work-ing hours, it will tantamount to seizure of the premises and holding the property to the exclusion of the legal right of the employer by depriving him of its possession. Reference: Chelpark Company Ltd. V. Commissioner of Police, Madras, 1961 (II) LLj 836 (Madras High court) (xxxi) REFUSAL TO WORK BEYOND DUTY HOURS Will it amount to a serious misconduct if an employee refuses to work beyond duty hours? In one case, it has been held by the Andhra Pradesh High Court that the misconduct of the workman in refusing to work beyond the hours of work on a single solitary occasion was not such a serious misconduct as to warrant the total dismissal of the workman. Reference: Abdul Khader & etc. V. Labour Court Hyderabad & Another, 1988-II CLR 412

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(xxxii)

REFUSAL TO VACATE QUARTERS

Can a worker be asked to vacate the residential accommodation provided by the employer? Will it amount to a misconduct if the employee falls to vacate? When houses/quarters are allotted to the workers and they are allowed to live in them by the employer, such allotment constitutes only a permission to live in them for the period as long as the workers are in the service of their employer. The ownership rights of the employer are not in any way adversely affected. Therefore, it is obvious that the permission to live in quarters is conditional. In other words, these workers are licensees and not tenants. A license can be terminated at any time without having to assign any reason. Consequently, refusal to vacate the house/quarter/premises will make any employee/workman guilty of misconduct. References: 1) 2) 3) Workman of Selatiparai Estate V. Management, 1966 (13) FLR 128. Indian Iron & Steel Co. V. Workman, 2 FLR 522. Management of Hittali Tea Estate V. Presiding officer Labour Court, 1976, Lab. IC 172; 1976-I LLN 389. 4) Nandita B. Palekar v. V. Kasbekar & others, 1985-II LLN 336

(xxxiii)RIOTOUS AND DISORDERLY BEHAVIOUR Whether an employee can be dismissed for riotous and disorderly behaviour in and outside the factory or business premises? Riotous or disorderly behaviour of a workman inside a factory or business premises is always deserving of condemnation and it is to be regarded as an act, which is subversive of discipline and calls for action. In one case, certain workers not only behaved in a disorderly manner while on the premises or the company, but also incited other workers. Not being satisfied with it, further they forced their entry into the managers room and confined (gheraoed) him in his room. Having confined him, they behaved in an insolent manner and even threatened him. It was held that their reprehensible behaviour made them guilty of a grave misconduct. Reference: Ganges Printing Company Ltd., v. Their workmen, 12 FJR 363 (xxxiv) SERIOUSNESS OF GO-SLOW TACTICS What action may an employer take against an employee if he abets or instigates or incites other employees to slow down their work?
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The Go-Slow tactic is undoubtedly a misconduct.

Instigating or

inciting other workers/employees to Go-Slow is positively a misconduct for which an employee may be dismissed. When instigation to Go-Slow is backed up with threat of violence and loyal workers disregarding the instigation or incitement are subjected to physical violence, it is much worse. The perpetrators of such threat or violence could be dismissed even if they happen to be the leaders of the unions. In one case, where workmen went from machine to machine and instigated the loyal workers to restrain production to no more than three boxes, the Supreme Court held that it as a serious misconduct on the part the instigating workers. References: 1) 2) Gujarat Rubber v. Their workmen, 1956-I LLj 731. Management of Shroff Industries v. Their Workman, Delhi, Government Gaz. Part IV dated 30-1-1958 (IT) 3) Kesoram Cotton Mills Ltd. v. Gangadhar, AIR 1964 SC 708; (1963) 7 FLR 213; (1963) 2 LLj 371; (1963-64) 25 FJR 353; (1963) I SCJ 71. (xxxv) SHOUTING SLOGANS IN THE FACTORY

Does shouting of slogans by the workers at the premises of establishment amounts to misconduct? Mere shouting of slogans in itself does not constitute a misconduct nor an offence, if such shouting is inoffensive and peaceful in nature. But shouting inside the factory premises is more than likely to distract the workmen at work and also disturbs the smooth execution of the work of the establishment and thereby injure its vital interests, as well as its production. It is a type of misconduct which is definitely different from misconduct through insubordination or disobedience. If shouting of slogans in the factory premises or at ones place of work is contrary to the rules, then it amounts to insubordination. On the other hand, if the slogans shouted are offensive and characterised by encouraging disobedience or insubordination or acquire in themselves the tinge of sub-versiveness of discipline or they disturb in any way the peaceful working of an establishment and thereby cause any kind of disorder, then such shouting of slogans will constitute a misconduct. Moreover, if the slogans express any kind of threat or violence or are vituperative in nature or in effect create obstruction to the superior officers in the discharge of their legitimate duties, then in all such instances the misconduct is of a more serious nature than otherwise. In
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another case, it has been held by the Punjab and Haryana High Court that it cannot be contended that shouting of provocative slogans in the premises of the workshop is not misconduct. References: 1) Caltex (India) Ltd. Madras V. Their workmen, 1955-II LLj 693 (LAT); Delhi Govt. Gaz. Dated 6-3-1958, part IV p. 145 (IT), BritishMotor Car Co. V. Their workmen, 1958-LLJ 152; P.Ort.& Sons (P) Ltd. v.Workmen, 1958 NUJ 152 (IC). 2) Balwant Singh and others v. New Satly Transport Co. (P) Ltd. and others, 1989 (2) LLn 268 (Punjab & Haryana High Court) (xxxvi) SUBVERSIVE OF DISCIPLINE When a misconduct amounts tosubversive of discipline and good behaviour? Whether dismissal of the workers guilty of acts subversing of discipline and good behaviour can be justified? Where workmen were found in possession of charas, a drug, which has now become the subject matter of international concern were charged with riotous and disorderly behaviour in the premises of the company. The workmen assaulted the security officer since he did not accede to the illegal demand of the workmen to return the seized contrabands, it has been held that such an act by the workmen amounted subversive of discipline and good behaviour. While setting aside the judgment of the industrial court, the Bombay High Court has held that the misconduct of the workmen concerned were of very serious nature justifying their dismissal from service. Reference: Rajesh Dyeing & Bleaching Workers (P) Ltd. v. Sayed Boor Razvi &

Anr., (1986) 53 FLR 289; (1986) 2 CLR 152; (1986) 2 LLN 696 (Bom) (xxxvii) SLEEPING DURING DUTY HOURS

Sleeping while on duty is in violation of elementary principles of discipline? Violation of elementary principles of discipline amounts to serious misconduct. A very serious view has to be taken when a watchman on duty falls asleep. So for one single offence of this kind, a watchman may charge with

misconduct and relieved of his post. Sleeping while on duty is a misconduct and amounts to non-performance of work during duty hours. In one case, a watchman was detailed to keep a strict watch on the conveyor belt at the point where costly powdered materials were being conveyed and discharged. He was also to see it that
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the conveying of such valuable materials was continuous or uninterrupted. If there was any interruption in the flow of the materials, he was to have reported about it immediately. The watchman was found sleeping. He took the defence that he was not sleeping but had closed his eyes in order to protect them against possible injuries from the materials being conveyed. The nature of his work was not at all arduous. Even if he closed his eyes for a brief period of ten minutes and the flow of the materials to the machine stopped in the meanwhile, the whole purpose of his job or appointment was nullified and became useless. Sleeping on duty is a serious of duty. In these circumstances he deserved dismissal. Sleeping while on duty though not listed in the misconducts in the standing orders but will be covered by the enumerated misconduct which reads as under :gross or habitual negligence and commission of any act subversive of discipline or good behaviour on the premises of the establishment. In another case the Bombay High Court has held that an employee was supposed to guard every vital installation as a security watchman and his sleeping on duty in such circumstances have been absolutely irresponsible and unpardonable. While setting aside the order of the Tribunal in interfering with the punishment of dismissal awarded by the employer, the High Court held that the Tribunal has erred in ordering reinstatement of the security guard. References: 1) Manik Chook and Ahmedabad Mfg. Co. Vs I.T. Ahmedabad, 32 FJR 34 (Gujarat High Court ). Ford Motor Company of India Ltd. vs. Their Workmen, 1952-I LLj 338 (LAT) 2) Bharat Petroleum Corporation Ltd., vs. Barrister Prasad and other, 1995 LLR 172 (Bombay High Court). (xxxviii) STRIKE IN PUBLIC UTILITY SERVICE

What could be the consequences if the workers of a public utility concern go on strike without first serving the notice on the employer as required under the statute? Could an employer deviate from the standing orders for taking disciplinary action? In one case, the employees went on a complete strike without serving any prior notice to the employer as is required under the statute. They also ignored the notice served on them by the employer calling upon them to resume their work.
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In the circumstances without complying with the relevant provisions in the standing orders the employer reacted sharply by dismissing all the striking employees. During the adjudication proceedings it was not claimed before the labour court that such an order for dismissal in total dis4egard of the procedure to be valid in such case, as laid down in the standing orders, may prove prejudicial to the defence of the workman concerned. Nor it was pleaded that an individual workman could have his own special explanation for not reporting for work or resuming his duties despite the warning notice given in this regard by the employer. The dismissal of all the workmen was upheld by the labour court. When the case went on appeal, the High Court also refused to interfere with the decision given by the labour court. Reference: Workers of United Bleachers V. United Bleachers Pvt. Ltd. 1969-II LLJ 635. (xxxix) MISCONDUCT OF THEFT

Can an employee guilty of theft be dismissed by his employer? Will the length of service with unblemished record be taken for mitigation of punishment? In one case, the offence of theft was committed by an employee, it should that he was dishonest and his suitability and reliability to continue in service was to be affected by that reason. It was held that the employer was justified in dismissing him from service. The plea of the workman that he has rendered a long period of unblemished service and the property stolen was worth Rs.150 only did not justify a lesser punishment. The supreme Court also held that even an attempt top steal the employers property on the part of the workman was a serious charge and deserved nothing short of dismissal. The Madras High Court has held that punishment of dismissal of an employee for stealing an airbag will be too harsh and compensation of Rs.2 Lakhs was awarded. The Bombay High Court has held that theft by an employee pertaining to articles viz. Saddled with extreme punishment of removal from service. The employee was reinstated with 50% of back wages. References: 1. 2. 3. 4. Wimco Sramik Union V Seventh Industrial Tribunal & others,1987 Lab:IC 77 Ruston Haruly (P) Ltd. V. T.B. Kadam, 1975 Lab IC 455 Air Lanka Ltd. V. John William Nathan and others 1991 LLR 78 Vomayya Babu Shethy v. Manager Digvijay spg. & Wvg. Mills and another 1991 (II) CLR 476.
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(xl)

TEASING WOMEN WORKERS ON DUTY

Can the management take any disciplinary action against a worker, who teases or pokes fun with women worker? The management can take serious action if a worker indulges in such activities as teasing and cutting indecent jokes or making indecent remarks towards any woman worker. In one case, where the management had dispensed with the services of such an offending worker, the dismissal was held to be justified. References: 1. Rasik Lal Kali v. New Menechowk spinning and weaving Mills co. Ltd. 1953 (ICR) 1079 2. Nehru Silk Mills V. Mill Mazddor Sabha, 1957 ICR 1290; 1957 Vol.II LLJ 586. 3. Management of D.T.C. v. Its workman Bhola Nath, Delhi Gazetted Part VI dated 30-5-1974; p. 129 (It has been held improper behaviour with a lady passenger during night is a serious matter and no lenient view can be taken.) (xli) TERMINATION FOR UNSATISFACTORY WORK

What are the consequences if an employer terminates the services of an employee for unsatisfacoty work without holding an enquiry? Where the services of an employee are terminated in terms of contract of employment and where the reason given for such termination of service is the unsatisfacrtory nature of work, but no evidence whatsoever is led by employer regarding the unsatisfactory nature of work or to suggest without any evidence the unsuitability of the employee then in the absence of the required evidence the action cannot be termed as bonafide exercise of powers under the contract of service. A mere

allegation about unsatisfactory work is not sufficient. The order of termination could thus be considered mala fide, unjustified and illegal. The termination of service for unsatisfactory work in the absence of standing order amounts to a punitive action. In other words, in the absence of any standing order, the unsatisfactory work of an employee may be treated as misconduct and when the employee was discharged, according to the employer for unsatisfactory work, it should be taken that his discharge was tantamount to punishment for an alleged misconduct and such discharge cannot be effected without holding a proper enquiry. Even if such a provision of termination or discharge is there in the certified
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standing orders, that also does not given an absolute power to the employer to terminate the service of an employee. It will, however, still be open to the adjudicator to decide whether the right as provided in the standing orders has been exercised in a bona fide manner or not. References: 1. Utkal Machinery Ltd. v. Shanti Patnaik, 28 FJR 131 (SC); AIR 1966 SC 1051; (1963)12 FLR 45,1956-I LLj 398; 1966 SCD505; 32 Ct. LT 543;1966-2 SCJ 270. 2. Brooke Bond India (P) Ltd. v. Y.K. Gautam, 1973 SC 2634; 1973 Lab. IC 1587; (1973) 27 FLR 299; 1973 SCC (Lab) 572; 44 FJR 399; (1973)2 LLj 454; (1973) 2 Lab. LN 349. Explained and followed. 3. Chartered Bank, Bombay v. Chartered Bank Empoloyees Union and Anr., 1960-II LLJ 222. 4. Tata Engineering and Locomotive Co.Ltd., Vs.C. Prasad an Anr.1969-3 SCC 372 5. Air India Corporation, Bombay v. V.A. Rebellow and another, 1972 (I) LLJ 501; 1972(25) FLR 319; 1972 (9) SCLJ 286; 1972 (I) SCC 814 6. Municipal Corporation, Greater Bombay v. P.S. Malavenkar and Ors., 1978(II) LLj 168. 7. Bharat Kala Kendra Pvt. Ltd. v . Labour Ciourt, Delhi and another, 57 FJR 242. Distinguished on facts. 8. Champaklal v. U.O.I. AIR 1964 SC 1854; 66 Bom. LR 319; (1964) I LLJ 752; (1964) 8 FLR 421. 9. Shamsher Singh V.State of Haryana and Ors.1978-I LLJ 316, Distinguished on Law. 10. India Tourism Development Copn., v. P.O. Labour Court and others, 1981 LLR 50-51. (xiii) THREATENING A SUPERIOR Is threatening a superior a misconduct? By the contract of employment whether express or implied a worker must definitely submit himself to the discipline required to him and work under the directions and/or the supervision of a superior officer. By threatening a superior officer or arrogance shown to him or by actually assaulting him, constitutes a serious
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misconducts. The motive behind the threat in any shape or form is undoubtedly an attempt to revert his position to that of a subordinated through threat and by demoralising him thereby. In one particular case, a workman went to the office of his foreman and started altercation in a very insolent manner, followed by abuses and threats. It was held that the dismissal order of the offending workmen was guilty of serious misconducts. In another case, the workman threatened his superior with the words for sins already committed by you, you have lost one child and atleast take care of remaining children, it has been held that such threats will be more serious than the threat to life of the superior. The Court observed that a person who has lost a child will feel greatly hurt when it is pointed out to him that he had lost the child on account of his sin. Only a person who has lost a child knows this agony and to hear another person saying that it is on account of his sin is like adding fuel to the fire. Such words are worst than causing an injury.

References: 1. Saxby & Former (Indisa) Pvt. Ltd. v. Third I.T. 1962-II LLJ 52 (Calcutta High Court). 2. S. Palani v. Bajaraj Textiles, Theni and Anr.. 1991 LLR 456 (Madras High Court) (XIV) VULGARITY ON THE PART OF AN EMPLOYEE Does vulgarity on the part of an employee amount to serious misconduct to justify his dismissal form service? Vulgarity on the part of an employee is a serious misconduct. In one case, a workman who was employed as a chowkidar in the ladies hostel of the Post Graduate Institute was found guilty of under the influence of liquor and acted in a vulgar manner and he was dismissed from service. The labour court held that being a single act of misconduct, it did not justify dismissal from service. However, the High Court reversed the order and held that it amounted to gross misconduct on the part of the employee. The order of termination of service as issued by the employer was maintained. References: Post Graduate Institute of Medical Education and Research, Chandigarh Vs. Labour Court, Chandigarh and another, 1989 LLR 328 (Punjab & Haryana High Court)
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2.4

TRADE UNIONS POLITICAL INTERFERENCE :Workers are poor and hence they cannot afford to remain without job

for a longer period. Most of them are ignorant and require advice and guidance from persons who have to genuine interest of the workers at heart. Each worker by himself is unable to fight against the injustice done to him. As such and almost all the civilized countries have recognised the rights of the workers to organise themselves. As a group they can settle terms with the employers in a better way. In other words, the workers have been granted the right to bargain collectively. The associations formed by workers have come to be known as Trade Unions. A trade union may be defined as an association or Union of workers engaged in a particular trade and formed chiefly with the object of helping the members in times of distress and getting their grievances settled and legitimate rights established. 2.4.1 THE INDIAN TRADE UNION ACT, 1947: The main provisions of the Act are as follows:2.4.1.1 Registration: Any seven or more workers in a factory may form a union and may by subscribing their names to the rules of the union, apply for registration of the Registrar of Trade Unions. If a union has been functioning for more than a year before the date of application for registration a general statement of its assets and liabilities must also accompany such an application. 2.4.1.2 Rights and liabilities:A registered trade union has the following rights: 1)To collect the membership fees in the premises of the factory without interference by the management. 2) To fix up notices of the meeting of the union and of other activities of the union in the premises of factory. 3) To use the general funds for specific purposes. 4) To conduct a strike by peaceful methods. 5) To raise funds for political purpose at the option of the members. 6) To send to the Registrar, every year, an audited statement of receipts and expenditure.
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7)To appoint outsider as a member which is not more than one-half of the total number of office bearers to the executive by the union. 2.4.1.3 Recognition: If the employer refuses to recognise a Trade Union the matter is referred to the Labour Court, appointed by the Government. The Labour Court does not recognise Union. 1) 2) 3) 4) 5) If it is not registered If it is not representative If its membership is not open to all workers concerned. If rules doe not provide for the procedure declaring a strike If its rules do not provide that a meeting of its executive shall be held once in every six months. A recognised Union may lose its recognition. If it at any time voilets the rules, ceases to be representative, fails to submit accounts or has used some unfair practices. Progressive employers have realised the importance and utility of improving their lodging, providing sanitary surroundings, supply of pure water and fresh air, sufficient medical aid and better working conditions. The results in enough increase in productive efficiency of Labourers. 2.4.2 ROLE OF TRADE UNIONS: Traditionally unions in India have played a role as a protest organisations on behalf of workers. Unions in India have mainly confined their activities to monetary issues like wages and service conditions and have generally ignored the issues relating to development of workers. According to a seasoned trade union leader, Indian Trade Unions are grievance-oriented rather than development or intended. The recent initiative taken by many employers/corporate executives of HRD for workers are received with caution suspicion by the trade unions. The response of unions seems to HRD is generally special. The fears and anxiety of trade unions seems to be on account of the following:1. Sincere and genuine HRD efforts for workers is likely to create a contended, satisfied, self-dependent and assertive worker, perhaps capable of looking after his interests. Unions which have generally thrived on dissatisfaction, dependence and weakness of the workers are likely to be out of business of
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unionism. unionism.

In this context the observations of Mr.Ramanujam, President, Once management is able to directly communicate with the

INTUC are pertinent; Trade Unions are in a lucrative business without

workers it is further likely that the trade unions impact will be diluted. 2. Workers development may lead to his need to assert and participate in the Union affairs. This it self may not be in the interest of the union leadership who want to hand on to positions of power and authority. This explains the present man power insist in many trade unions which are headed by arguing and retired union activists. 3. Involvement in HRD programme may require their becoming an active collaborator with the management in the problem solving on such themes like work ethic, productivity improvement, introduction of new technology and its implications training and development etc., too much identification with the management itself may invite inticism from therank and file. it may also reduce their bargaining power with the management while discussing Bread & Butter issues. 4. Experiences from USA where many companies use progressive personnel policies and HRD to keep unions out from the companies, it self contribute to the anxiety and fears of the unions about possible shift of workers loyalty from unions to management. In any HRD effort for workers, are discussed with unions and their involvement is sought. One may legitimately ask a question. As to why trade unions that should be interested in the development of workers should at all resist the HRD overtures of the companies? To answer this question we need to lock at the mistrust that exist in many organisations between trade unions and employers. It is therefore necessary that some basic minimum trust should exist between trade unions and employers before trade unions accept HRD and willingly participate in any HRD programme and policies for workers. They need to be given confidence that HRD initiatives for workers do not aim at establishing union movement. To day trade union movement in the country is undergoing a metamorphic change. An important but less visible challenge to trade unions lie in the need to respond to the diverse set of expectations and aspirations of workers. They are trapped between the factors calling for change and forces opposing the
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change, unions can play important roles in setting the stage, designing and participating in HRD programmes. There by attempting to integrate them into their representational role in the organisation. Over a period there efforts are likely to build higher involvement of the employees, create more satisfaction and give expression to workers aspirations. mentioned below: 2.4.3. INITIATION OF HRD Unions should focus attention to the workers development. In fact unions should be HRD Departments for the workers and the unions leader HRD Manager. Where developmental climate is prevailing in a company, unions could play an effective role by seeming a partner in such an endeavour. Where Some of the developmental roles that unions can play are

developmental climate does not exist or management is apathetic to workers development, unions should take up HRD issues relating to workers with the management. management. 2.4.3.1 . COMMUNICATION:: Unions have an important HRD role in communicating with workers almost on continuous basis about the industry in which they work. Sometimes unions do not consider it worthwhile to share important information about the industry even if they (unions) knew about it. Perhaps they too under-estimate the capacity of the worker to understand the developments regarding the industry in which he works. Unions have traditionally confined their role to communicate only service conditions related issues. Workers too want to know about the goals, missions, diversification plans, marketing aspects only perhaps in a laymans language. They also want to know more about their own union. Improved communication between union and worker can strengthen trade unions role as change-agent. 2.4.3.2. COUNSELLING :: Unions can play a very positive role in providing counselling services to workers, cases of excessive drinking, drug addiction, excessive smoking, excessive debts are not infrequent. Mostly due to absence of any counselling/guidance, the workers continue to indulge in these evils. In the process, they loose even their jobs. Defending a workman during a departmental enquiry for these misconduct is not enough. Unions can play a pro-active role in preventing such instances to occur by
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It is not necessary that initiative should always come from

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appropriate counseling. Unions can develop counsellors from amongst their active cadres with suitable professional help or even arrange for professional counselling service for workers. 2.4.3.3 EDUCATIONAL AND TRAINING :: Once aspect of development of worker is to help them acquire new skills both work skills and process or human skills. The latter would include skills of collaboration collective action, positive assertion, empathy, helping and the capacity of organising groups. The work skills would include skills to do new jobs, new projects. This would call for intensive education and development effort on the part of unions. 2.4.3.4 WELFARE:: As pointed by National commission on Labour, the concept of welfare is necessarily a dynamic one. Real HRD for workers would mean continuous

improvement of their standard of living, providing social security and of course a dignified place in the organisation. Unions should help developing innovative welfare schemes where possible with the help of management and focus on long term benefit to worker rather than short term pecuniary gains. Unions at least the bigger ones with adequate resources should intimate welfare programmes for the overall development of the worker. Textile Labour Association (TLA), Ahmedabad is an excellent example amongst Indian trade unions to start many innovative schemes like workers cooperatives, workers bank, nursery schools for the children of workers, vocational skills to the children of workers etc., which help over all development of workers. 2.4.3.5 ROLE IN FAMILY & VOCATIONAL GUIDANCE : One of the important HRD role of unions is to extend their help in creating a better family environment and also extend guidance to workers in relation to education and career of their children. Today a worker may get good amount of money, he may want to provide good schooling to his children but he may not know what to do and how to do it? Unions should help providing such service to workers. Unions can also provide conciliation service in family quarrels. Unions can also help creating jobs for the wives of workers by starting cooperatives. 2.4.3.6 RESEARCH: In order to keep itself up dated and create data base on various dimensions of workers needs, aspirations, development needs etc. The unions should
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sponsor (where they can afford it) appropriate research projects. They can also seek involvement of academic institutions by participating and collaborating in research problems relevant to trade unions interest and goals. In order to play the above roles effectively, trade unions must professionals. This will mean HRD with in the unions. For long trade unions have ignored developing union leadership. This has strongly served the cause of verted interests a who want to stick to leadership positions. This also seems to have created intra-union frictions. This also deprives the union of new thinking, new approach etc., New role for the unions will have focus on improving the psychological well being of the workers. Traditionally unions have been focussing on the economic well being of the workers and have built certain roles to achieve that. developmental role will require several new skills in the union leadership. The new

2.4.4 NECESSISITY OF TRADE UNIONS: In large industries, which employ hundreds of workmen, there is no possibility of managing the workers individually. Therefore, this is no chance of getting away from the unions. The only thing is to know, how to deal with them, but unfortunately the knowledge is not very widespread even in high quarters, one has to know the psychology of the particular union and if its class of workers and no amount of mere generalised or rational thinking can help. Even goodwill is not enough in dealing with them and an employer with less goodwill but who knows the way of the union from his past experience will be more successful than an employer with a lot of goodwill but no experience. For the last three decades the working class has earned a great freedom. In this struggle for economic equality, its weapons were the strike & the trade union. Every small concession which the workers gained was obtained not through charity or arguments or out of sympathy, but by the struggle of a strong organisation determined to fight for their rights. Therefore, the workers aim to

organise in the form of trade unions. A worker, as an individual, does not resources to bargain with his employer for wages, other benefits and terms and conditions of service since the employer has greater sustenance power and is invariably a stronger party. The worker, therefore, collectivise their individual bargaining agent tires to obtain the best possible price for the services being rendered by the member.
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2.4.5 JUDGEMENTS ON INJUNCTION AGAINST UNIONS: If the Labourers on strike prevent officers and managerial staff of company and members of public from entering or leaving premises and hold out threats, intimidation and indulge in gherao or wrongful confinement of staff of company, temporary injunction restraining the Labourers from doing such acts can be granted by a civil court,. in another case, it has been held that section 18 of the trade union Act does not bar the jurisdiction of civil courts in granting relief to the employer against a trade union. In this case the comfpany made various allegations with regard to out of voilence, physical assault, throwing of soda water bottles, acid and bulbs etc., by the workers and in support of there allegations certain documents were placed. It has been held that Prima facie the suit will be maintainable since section 18 of the Trade Union Act does not debar the Civil Courts in granting relief to the employer in view of the facts and circumstances placed before the court. References: 1) Sri Rama Vilas service Ltd. and another V Simpson & group companies workers union and another, 1979-II LN 428; (1979) 2 LLJ 284 (Mad. HC) 2) Indian express Newspapers (Bomb.) Pvt. Ltd. Vs T.M. Nagarjan & ors., 1988 Lab.IC 1967 (Delhi) 2.5. ACCIDENTS ITS IMPACT: 2.5.1 INTRODUCTION: The cost of accidents cannot be expressed in money only. It also affects the individual and his family. Its social aspect is very tragic because for a family an accident may mean a descent from independence to economic dependence. They will have to accept the financial assistance from a charitable agency and which affects the social relationship of the family . after the accidents, the mental attitude also changes. 2.5.2. Type of industrial Accidents: Industrial accidents may be divided in two general classes: 2.5.2.1 Machinery Accidents: Their accidents are caused by inadequate safeguards of machines.

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2.5.2.2

Non Machinery Accidents: These accidents are caused due to personal reasons such as

age, physical weakness, inexperience and carelessness or from the plant conditions such as ventilation and illumination etc. 2.5.3 Reduction of Accidents: Machinery accidents are reduced by providing safety guards on belts and gears etc., 2.5.4 CAUSES FOR NON-MACHINERY ACCIDENTS:

Non-Machinery accidents are generally caused by different factors,some of them are 1) Age : It has been seen that accidents are more frequent with younger persons than older persons. 2) Experience: Rate of accidents for more experienced worker is less than

there of less experienced worker. 3) Physical condition: Experiments have shown that minor illness like sore

throat, headache etc., are responsible for accidents to a large extent. These small frequent illnesses are responsible for lowering general health. 4) Fatigue: It has been seen that suitably arranged rest pauses reduce the

number of accidents to a large extent. As these reduce the fatigue therefore accidents which occur due to excess fatigue are reduced to a large extent. Experiments have shown that when only one lunch break is provided then accidents tend to increase with each successive hour of work in the morning and reaching a maximum at approximately at 11 A.M., then reduces in the noon. Number of accidents again starts rising reaching maximum value towards the later part of the afternoon but a slight drop in the last hour (probably it occurs due to the fact that in this hour speed of work decreases and worker feels relaxed mentally that shortly after he will be free).

5)

Rate of production:

This factor should also be considered while considering The study in this aspect shown that number of

the cause of accidents.

accidents tends to decrease with the increasing production. That the rate of change in accidents per man hour is less than rate of change in production per man-hour. 6) Atmospheric conditions: Study has shown that accidents are found to be minimum at a temperature of 67.50 F(nearly 200 C). At higher temperatures
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rate of accidents increases and after 720 F rate of accidents increases considerably. 7) Illumination: Illumination also affects the accident liability. Dim

illumination raises accident frequency. In day light accidents frequency is less as compared to artificial illumination. 2.5.5 SAFETY MEASURES AND FIRST AID

2.5.5.1 Safety Measures Millions of industrial accidents occur every year. In these accidents lacs of workers lose their lives every year in the world. Accidents may cause injury which sometime result in death or permanent total disablement. Accidents can be defined as any occurrence that interferes with the orderly progress of activity. Seriousness of this problem can be judged by the following figures. In India casualties by industrial accidents at a yearly average are nearly one lac out of which nearly 1200 causes death; while in U.K. the average casualties per year nearly 2 lac out of which yearly 1300 causes death. The figures are maximum in U.S.A. where average casualties are nearly 20 lacs out of which nearly 15,000 causes death. Statistics shows that 98% accidents can be avoided, only 2% accidents cannot be prevented. 2.5.5.2 Lossess due to accidents. Now-a-days serious attention is being paid in this matter, because now it has been clearly understood that expenses incurred on the worker. These losses can be measured in terms of money. 2.5.5.2.1 Direct Losses. These are the losses to the employer, which he pays to

the worker for compensation. Employer also pays for medical expenses incurred on the worker. These losses can be measured in terms of money. 2.5.5.2.2Indirect losses. These indirect losses arise from the following sources:

1)Loss of time of the injured person. 2) Loss of time of his fellow workers, who stop work at the time of accident to help him or to show sympathy or for curiosity. 3) Loss of time of supervisors. a) b) c) d) in assisting injured worker; in investigation and preparing a report of accident; in making alternative arrangement; in selecting and training the new worker to fill the vacancy if accident causes death of the worker.
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4) 5)

Loss due to damage caused to machines. Loss due to reduction in the efficiency of the worker when he returns after recovery.

6)

Loss due to the reduction in the efficiency of other workers due to fall in their morale.

7)

Losses to the injured worker. Injured worker suffers the following losses: a) b) c) Loss to his income Loss due to medical expenditure. Pain felt by worker, which cannot be compensated. Majority of industrial accidents are due to

2.5.5.3 Accident in Industries:

transmission machinery (gears, belts, pulleys, couplings, shaftings etc.); cutters, tools and clutch of cutting machines etc., 2.5.5.4 Causes of Accidents: To minimise the accidents it is necessary to know about the causes of accidents. General causes for accidents are given below: 1) Accidents due to dangerous machines: These accidents occur from boilers, pressure vessels, prime movers, transmission system etc., 2) Unsafe physical conditions: It includes improper guards, improper illumination, improper ventilation, unsafe clothings. 3) Moving Objects: Sometimes moving object or falling object causes accidents. 4) Personal factors: sometimes accidents occur due to some personal

factors like lack of knowledge, physical weakness. 5) Unsafe Acts: It is violence of commonly accepted safe procedure. These includes (I) working at unsafe speed (ii) loading machines beyond capacity (iii) not using safely devices, (iv) adopting unsafe procedure. 6) Electrical causes: a) b) Some of the important causes are :

Do not providing proper protecting devices. Not obeying proper instructions and not following safety precautions.

c)

Failure to use insulated pliers, screw-drivers and rubber gloves etc.,

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7)

Exposure to harmful substances: Injuries due to accidents are also caused due to exposure to harmful substances, like toxic gases, fumes, dust, vapours, mist and aerosols.

2.5.5.5.EFFORTS BY GOVERNMENT A Number of legislatures like, The Factories Act, 1948; Indian Explosives Act 1884; Mines Act 1952; Indian Boilers Act 1923; Indian Electricity act 1910; Petroleum Act 1934 govern the safety of personnel and equipments in industrial units in the country. But as well all know that legislation alone cannot ensure safety in industrial operations, unless effective approach to prevention of accidents and promotion of safety consciousness in industry is achieved. This is possible by adopting proper control measures including safe designs of machines and processes and use of protection devices and personal protective equipments and also effective safety procedures and practices as well as creation of self regulating system on the shop-floor. To assure safety to workers and elimination of damage to machinery and equipments, Indian Standards Institute has done commendable job. It lays down:(i) Safety precautions to be taken during manufacturing operations. (ii) (iii) Requirements for effective maintenance of tools and equipments. Standards for proper layout, proper lighting and ventilation of factory building. (iv) Guidance on safe welding and cutting, use of powered industrial trucks, belt conveyors fire fighting equipments, (v) (vi) Standards and specifications of safe industrial operations and practices. Classification of hazardous chemicals and use of accident prevention tags and pictorial markings for handling and labelling of dangerous goods. (vii) Safety codes for handling acids other chemicals.

(viii) Safety requirements for personal protective equipments. (ix) Standards for fire safety in industrial buildings and safety procedures to be followed in electrical work and use of electrical appliances in hazardous area and explosive atmosphere. (x) Specifications for protective clothing, safety, helmets, face shields and safety equipments for eyes, ears, lungs, hands, feet and legs. These includes eye and ear protectors, gas mask, gloves, safety boots and shoes for mines and heavy metal industries etc.
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2.5.5.6 Preventive Measures: 1) Safety: By providing proper safeguards to the machines, accidents

can be prevented. Some guards are built into a permanent casing, while some are attached afterwards. 2) Fencing: Machines or their parts should be fenced when it is not

possible to provide safeguards. 3) All boilers and other pressure vessels must be kept in proper condition.

Safety valves pressure gauges and water gauges etc., must be examined thoroughly at regular intervals. 4) Hoists, cranes and lifts etc., must be of sound construction. They must

be tested periodically. 5) Physical Conditions. Sufficient illumination and ventilation should

be provided. Floor should be free from oiliness. Floor should be kept clean. 6) Safety measures include special clothings for the protection of body,

such as gloves, apron, goggles etc. Loose clothing may be a source of danger. 8) Repair work on machines should not be done when it is running. 9) 10) 11) All the tools should be kept at their proper places. Chips should not be removed by hand. Workers should be trained about correct procedures and they

should be educated about safety precautions. Constant warning, publicity and play cards carrying slogans (as Safety-first Danger 440 Volts etc.) are also helpful to reduce accidents. 12) Fire Hazard: To avoid the danger, inflammable materials should be kept away from general storage at a safe distance (minimum 50 ft. or 15.25 m). Fire extinguishers should be kept at suitable places. 13) Prevention of Electric Accidents: following measures should be taken: a) b) c) d) Electrical insulation should be periodically tested. Use proper tools for testing and repairing. Work should be done after switching the power off. Use such safety equipments as insulated tools and rubber gloves etc. whenever necessary.
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To prevent electric accidents

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2.5.5.7 Safety Education and Training: There should be proper facilities to impart training in safety measures to the workers. This can be accomplished by safety posters safety films, safety contests and suggestions. These are useful to increase the interest of employees in accident

prevention. The purpose of this training is to induce care in the use of dangerous tools or in carrying out risky operations. FIRST AID Although in factories sufficient safety measures are taken to minimise accidents but accidents cannot be totally avoided and hence, proper first-aid facilities for common accidents such as fire, heat stroke, cuts etc. must be provided in every factory by the employers. A first-aid box must be provided in the charge of a responsible person, who must be always available in working hours and he should be trained in first aid. Some firms have elaborate arrangements of stretcher service, ambulance arrangements, surgeries etc., in the works dispensary. The workers as human being, are entitled to every consideration at the hands of the management and it lies in the administration to institute adequate precautionary and prompt first-aid towards its workers, and hence it is essential that the management should be fully equipped to offer first-aid to the workers. The specified contents of a first-aid box in workshops employing more than 60 persons (as per Factory Act) are: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Twenty four small sterilized dressings. Twelve medium size sterilized dressings. Twelve large size sterilized dressings. ( oz) packets sterilized cotton wool. One snake bite lancet. One pair of scissors. Twelve large size burn dressings. Two (1 oz) bottles of potassium permanganate crystals. One (4 oz) bottles containing a two percent alcoholic solution. One (4 oz) bottle of salvotative having the dose and mode of administration indicated on label. 11. One copy of first-aid leaflet.
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12. 13. 14. 15. 16. 17. 18. 19.

Twelve rolled bandages 10 cm wide. Twelve rolled bandages 5 cm wide. Two roller of adhesive plaster. Six triangular bandages. Two packets of safety pins A supply of suitable splits. One townquet. Eye drops.

2.5.6 TREATMENT FOR ELECTRIC SHOCK: The following precautions must be observed. While working on electrical works to protect against shocks. 1) Before working on Live mains first switch off the supply of electricity to them. 2) If it is not possible to switch-off the mains, see that your hands and feet are not wet. 3) If a person gets an electric shock, rescue him with the help of an insulator. If the insulator is not available use your feet and not the hands to reuse him. 4) While working on high voltage, stand on bad conducting material.

If any person gets an electric shock, the following steps must be taken for his treatment. Removal from the contact: If the person who is shocked by electricity is in contact with the electrical machine or an apparatus, then one person for saving him should stand on a dry wooden chair while removing the victim, otherwise pull him with the help of a dry coat, dry rope or coconut matting etc. Preliminary steps: If the patients clothes are smoldering then those should

be extinguished. If he is breathing he should be sent to the doctor. If not breathing any of the following artificial respiration methods should be adopted to recover him. Do not give him any liquid to drink. 2.5.7 ACCIDENTS IN RTPP: The accidents occurred in RTPP were very few and are of minor one only. The both departmental & non-departmental fatal accidents are zero. The safety

appliances like helmets, smoke, infeller, safety shoes, gloves etc., are supplied to all staff member in the plant.

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2.6

LACK OF TRAINING ITS IMPACT: It is good to have good will It is good to have enthusiasm But it is essential to have Training

2.6.1 Introduction: Today training is an absolute necessity. Even today in many concerns no systematic training is imparted to their workers, which results in absenteeism, accident, about turnover, bad workmanship and spoilage of tools and plants, etc., All these draw back ultimately increase the cost of product. In the beginning, if systematic training is imparted to workers, the above mentioned drawbacks can be minimised considerably and the cost will thus reduce to a large extent. Therefore, initial cost of training will be repaid in this form. The owner will receive large profits. The workers can get higher wages and they will feel mental satisfaction. Therefore, to attain a very high standard on the average. It is essential to impart training right from unskilled worker to the specialised executive in every concern. Today due to modern advancement and mass production, a very high skill is required, which can only be developed by proper training. Whenever a new machine arrives or a news method is required to be introduced the man concerned must be given necessary training for fitting them to the jobs. This system of training is now very common in all large government and private concerns. Concerns such as Hindustan machine Tools, Heavy Electricals, Oil and Natural Gas Commission, Bokaro Steel plant, Tata iron and Steel company, Indian Railways and Godrej etc. impart necessary training to their new employees. These firms have their own apprenticeship schools to fit the employees in special jobs. There they will not learn wrong practices. Wastage will be minimised and employers are sure about the trained personnel. proficiency and productivity. 2.6.2Objectives of Training: A good training system has the following objects: 1) 2) 3) To increase productivity. To make first line supervisors a more effective tool of management. To bring out more coordial relations, i.e. employee and employer relations.
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This results in the increase of industrial

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4) 5) 6) 7)

To increase morale and team spirit among the workers. To increase effective cooperation and co-ordination at all levels. To impart various social and supervisory skills. To develop the individual to utilize the knowledge and experience and inherent abilities for higher performance.

8) 9)

To accept more shop floor responsibility. To increase knowledge (Technical know-how) and economical use of resources.

2.6.3 Advantages of Training: 1) 2) When a worker gets training systematically, his efficiency increases. By providing good training spoiled work and wastage of raw material reduces to a large extent. It thus reduces the production cost. 3) A trained worker handles machines and tools carefully. Thus the life of plant increases. 4) 5) 6) 7) Suitable training improves the quality and quantity of production. Trained worker gets higher wages. Trained worker requires less supervision With the training programme, management gets an opportunity to explain the policies, rules and regulations to workers. 8) 9) 10) Training increases co-operation amongst the workers and management. Training provides job satisfaction. Trained worker performs the work in right way which reduces accidents. 11) Training reduces absenteeism and labour turnover.

In an Industry, the training of the following cadre of employees is essential : 1) 2) 3) Craftsmen Supervisors and foremen. Executives.

Training procedure for each cadre of employee is as under: Craftsmen Training: Craftsmen, i.e. technicians or artisans or operators training is now-a-days very important. This is also called skilled workers training.

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This is the actual manpower, which work on the machine for production. Hence apprentices will be given instructions about the jobs, operations, quality, output and about activities of other departments. 2.6.4: TRAINING PRINCIPLES:a) There should be a stimulus which is explicit to the learner. In training situation, the stimuli are the words both written and spoken, a machine or a picture or a demonstration, etc.,. Training cannot be effective unless the relevant stimulus is known and understood by trainees. b) The response refers to the activity which is intended to be taught during the training. The responses may be such as saying a string of words or operating a machine. The learner must be able to accomplish the activity. He should be encouraged to practice the activity. c) There must be motivation or drive for the learning. Accordingly, if an individual understands clearly what is being taught and has the capacity to respond appropriately. This implies that only those trainees should be selected for training that has the requisite motivation for it. Attempts should be made to maintain their motivation through leadership. d) There should be proper reward or incentive for learning to take place. The trainees must perceive that they will be rewarded through training at least in the foreseeable future. If they do not have confidence that they will be rewarded, the learning will cease, and they may even unlearn the skills, which they have already acquired. 2.6.5 TRAINING PROGRAMMES IN R.T.P.P.:All newly recruited Assistant Engineers will be trained for these months in the beginning and practical experts are giving training to the new A.E.s and share their knowledge on their various problems experienced during their tenure. A separate corporate training center is maintaining at Erragadda, Hyderabad. Also another training center is running at Vijawada Thermal Power Station. A separate coarse module trainings are giving to the engineers and staff members of the various wings of the power stations at V.T.P.S. Training officers are also appointed in the each plant not only to train the engineers, staff and workers but also solve various technical problems. 2.7 CONTRACTORS IMPACT ON PRODUCTION. A no. of contractors are available to R.T.P.P. to attend various works such as Mechanical works & civil works in the plant and also in the colony. The above contractors are formed as contractors association and they will struggle to sole their problems. The near by villagers are working under the each contractors and the above labourers are doing their job under supervision of the engineers of the plant. There will be a fear to prepare the estimates of various works at higher rates. The above ones may be obstructed scrupiciously. There will also a fear to damage the equipment intentionally for the scope of work. This is also to be obstructed. As many as 885 nos of contract labourers are regularised as permanent workers. Hence the contract works
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are to to be reduced where the labourers are sufficient to work and departmental staff can also take up work. The Political influence in the contracts are also to be reduced. The domination of contractors association on the maintence engineers is also to be restricted. The payment to the contract works are to be released immediately after completion of work and should not be delayed with the departmental procedures. The contractors who served the department should not suffer with the departmental officers.

2.8 VARIOUS INDUSTRIAL ACTS


2.8.1THE INDIAN FACTOTIES ACT, 1948 The Act safeguards the interest of the labourers engaged in factories. The Act is now applicable in whole of India. It came first into force from 1st April, 1949 and was extended to the Union Territories of Goa, Daman and Diu in 1963, and to the State of Jammu and Kashmir in 1970. Definitions: Following are some of the important definitions described in the Act:

1. Adult : 2. Adolescent : 3. 4. 5. 6. 7.

A person who has completed the age of 18 years. A person who has completed 15th year but not completed 18th year. Child: A person who has not completed his 15th year of age. Calendar Year: A period of 12 months from 1st January. Young Person: Either a child or an adolescent. Week: A period of 7 days beginning at midnight on Saturday night. Power: Electrical energy or any other form of energy, which is mechanically

transmitted and is not generated by human or animal agency. 8. Prime mover: Any engine, motor or other appliance, which generates or otherwise provides power. 9. Transmission Machinery: Any shaft, wheel, drum, pulley system of pulleys, coupling, clutch, driving belt or any other device by which the motion of a prime-moves is transmitted to or received by any machinery or appliance. 10. Manufacturing Process: Any process for a) Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, clearing, breaking up, demolishing, treating or adopting any article or substance with a view to use, sale, transport, delivery or disposal, or b) c) Pumping oil, water or sewerage, or Generating, transforming or transmitting power, or

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d)

Composing types for printing by letter press, lithography photogravure or other similar process or book binding

e)

Constructing, reconstructing refitting or breaking up ships or vessels.

11. Worker: A person employed directly or through any agency, whether for wages or not, in any manufacturing process or in cleaning any part of the machinery or premises used for manufacturing process or in any other kind of work incidental to or connected with the manufacturing process. 12. Factory: Any premises: i. Wherein 10 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process in being carried on with the aid of power, or ii. Wherein 20 or more workers are working or were working on any day of the preceding 12months, and in any part of which a manufacturing process is being carried out without the aid of power.But does not include a Mine or a Railway running shed. 13. Occupier: Occupier of a factory means the person who has ultimate control over the affairs of the factory and where the said affairs are entrusted to a managing agent such agent shall be deemed to be occupier of the factory. LICENCE AND REGISTRATION. 1. The act specifies that before a factory can be started. a) Previous permission for the site of the factory construction or extension has to be obtained from the Chief Inspector; b) Plans and specifications should have been approved by the factory Inspector; c) 2. The factory has to be registered and the licence fees has to be paid.

If an application for permission referred at item a) above accompanied by the plans and specifications required by rules referred at item b) Above sent to the State Government or the Chief Inspector by registered post, and no order is communicated to the applicant within 3 months from

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the date on which it is so sent; the permission applied for the said application shall be deemed to have been granted. 3. Where a State Government or a Chief Inspector refuses to grant permission to

the site, construction or extension of factory or to the registration and licensing of a factory, the applicant may within 30 days of the date of such refusal appeal to the Central Government, if the refusal is from the State Government and to the State Government in any other case. INSPECTING STAFF: The act permits the State Government :a) To appoint Chief Inspector and other Inspectors to supervise the conditions in factories and to see that the provisions of the act are practiced; b) To appoint certifying surgeons to examine medically the young persons to examine the conditions in factory to find out whether any process or action in manufacturings harmful to cause any injury to the health of workers. HEALTH PROVISIONS This act prescribes the following provisions for maintaining the health of the workers and reducing the possibilities of injuries to their body. 1. Cleanliness : Every factory shall be kept clean and free from gases arising from any drain or their nuisance. For this purpose following steps should particularly be taken: a) The dust and refuse shall be removed daily by sweeping from the floors and benches of workrooms, from staircases and from passages. b) The floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant where necessary. c) Effective means of drainage shall be provided and maintained . d) All inside walls, partitions, ceiling of rooms and passages. i) Where they are painted or varnished, shall be repainted or revarnished at least once in every five years. ii) Where they are whitewashed, or coloureswashed at least once in every period of 14 months. 2. Ventilation temperature a). Effective and suitable provisions shall be made for
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i)

securing and maintaining adequate ventilation by the circulation of fresh air in the workroom, and

ii)

Securing reasonable conditions of comport and preventing injury to health of worker.

b)

Walls and roofs should be out such and so designed the temperature shall not be exceeded but kept low as practicable. Effective arrangement should also be made to protect to the workers processes producing excessively high temperature. Hot parts of the machinery shall be insulated.

3.

Artificial Humidification : a) If there is an artificial humidification it shall be of prescribed standard and created by the prescribed methods. b) The water used for such humidification shall be clean and free from dirt.

4.

Overcrowding: No room in the factory shall be overcrowded, for this at least 350cu. Ft. or 10.5m3 of space for every worker is necessary in the factories which wee existence before the date of the commencement of this Act and at least 500 cu.ft or 14.3 m3 of space for every worker shall be provided in the factories built after the commencement of this Act. Fo this purpose any space which is more than 14ft. or 3.3m above the level of the floor of the room shall not be taken into account i.e., height above 14ft. or 5.3m form floor level shall not be taken into consideration.

5.

Lighting: i) Sufficient and suitable lighting whether natural or artificial or both shall be maintained at the working place or passages. ii) All glazed windows and skylight shall be kept clean on both the inner and outer surfaces. iii) Glare and formation of shadows should be prevented to avoid eye strain or risk of accident.

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6.

Drinking Water : Drinking water should be made available to all workers at all working hours and should be provided and maintained at suitable points. All such points shall be marked drinking water in a language understood by a majority of workers. Such points shall not be situated within 20ft. or 6.1 m of any washing place, urinal or latrine. In every factory employing more than 250 workers, provision shall be made for cool drinking water during hot weather .

7.

Bath Rooms: If the work in the factory is of such a nature which involves dirt, a sufficient number of bath rooms shall be provided.

8.

Latrines and Urinals : a) Separate enclosed accommodation for male and female workers shall be provided. The accommodation shall be adequately lighted and ventilated and shall be maintained in clean and sanitary conditions at all times. b) In the factories employing more than 250 workers, all the latrines and urinals shall be of prescribed sanitary types and the floors and internal wall upto a height of 3ft. or 0.92m and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface. c) i. One latrine shall be provided for every 20 female workers: and one latrine shall be provided for 20 to 100 male workers and thereafter one additional for every 50 male workers. ii. there shall be one urinal for every 50 workers upto 500 workers and thereafter for every 100 workers.

9.

Spittoons: Sufficient number of spittoons shall be kept at convenient places. These shall be washed regularly and kept clean.

SAFETY PROVISIONS Following important provisions for safety are provided in the Act : 1. Fencing of Machinery : Following items shall be properly fenced in every factory: a) Every moving part of a prime-mover, every flywheel;
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b) Head race and tail race of every water turbine; c) Following items should be properly safeguarded: Every part of an electric generator, a motor or a rotary converter; every part of transmission machinery and other parts of other machines. 2. Work on or near machinery in motion: The work on or near moving machinery shall be done by a specially trained adult male worker wearing tight fitting clothing. No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime-mover or of any transmission machinery when it is in motion. 3. Devices for cutting off power from running machines in emergency shall be provided. 4. Casing of machinery: In all the machines driven by power and installed in any factory after the commencement of this Act-every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger, every toothed or friction gearing shall be completely encased. 5. Hoists and Lifts: In every factory : a) Every hoist and lift shall be of good mechanical construction and of adequate strength. They shall be properly maintained and thoroughly examined regularly. It shall be marked with maximum safe working load. b) Every hoistway and liftway shall be sufficiently protected by an enclosure fitted with gates. c) Hoists and lifts used for carrying persons shall have a least 2 ropes or chains separately connected with the cage and balance weight and each rope or chain with its attachment shall be capable of carrying the weight of the cage together with its maximum load.

6.

Lifting machines, chains, ropes and lifting tackles: All parts including the working gears, lifting machines, chains ropes or lifting tackles shall be of good construction and of adequate strength; maintained and thoroughly examined at least once in a year. Lifting machine means a crane, crab, winch, pulley block etc., properly

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7.

Revolving machinery: A notice shall be affixed to every grinder, indicating the maximum safe working peripheral speed of every grind stone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted.

8.

Excessive weights: No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury. State Government may make rules prescribing the maximum weight which may be lifted or carried by adult man, adult woman, adolescent and children.

9.

Protection of eyes: To protect the eyes, screens or goggles shall be provided to the persons engaged in the following manufacturing processes: a) Welding or cutting the metals with electric or oxyacetylene flame or any other such process. b) Fitting, rivet cutting, removal of scales or dressing of metals or stones or any other such process involving risk of injury to the eyes from particles thrown off in the course of process.

10.

Precautions against dangerous fumes: i) In any factory no person shall enter or be permitted to enter any chamber tank, pit, pipe, flue or other confined space in which dangerous fumes are likely to be present to such an extent as to involve risk to persons, unless it is provided with a manhole of adequate size. ii) Portable electric light above 24 volts shall not be permitted to such confined space. iii) Any person shall only be allowed to enter any confined space after the measures have been taken to remove fumes and a certificate in writing has been given by a competent person based on a lest carried out himself, and the worker is wearing suitable breathing apparatus and a belt securely attached to a rope, the free end of which is held by a person standing outside the confined space.

Precautions against Fire: i) Every factory shall be provided with means of escape in case of fire as may be prescribed.
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ii)

Doors affording exit from any room shall not be locked or fastened so that they cannot be easily and immediately opened from the inside which any person is inside the room.

iii)

Every window, door or other exit affording means of escape in case of fire, other than the means of exit in ordinary use shall be marked in language understood by majority of the worker.

iv)

Effective means of giving warning in case of fire to every person shall be provided.

v)

A free passageway giving access to escape in case of fire shall be maintained.

WELFARE PROVISIONS 1. Washing facilities: Adequate and suitable facilities for washing shall be provided separately for male and female workers and maintained for their use. Suitable place for keeping clothing not worn during working hours and for the drying of wet clothings should be marked. 2. Sitting facilities: Suitable arrangements for sitting shall be provided and maintained for all workers, who work in standing position. 3. First-Aid Appliances: First-aid boxes or cupboards equipped with the prescribed contents shall be provided and maintained so as to be readily accessible during all working hours. At least one such box shall be provided for every 150 workers. In every factory employing more than 500 workers an ambulance room of prescribed size with prescribed equipment shall be in the charge of medical and nursing staff.

4.

Canteens: A canteen or canteens shall be provided in every factory wherein more than 250 workers are ordinarly employed.

Shelter, Rest-rooms, Lunch-rooms: In every factory where more than 150 workers are ordinarly employed, adequate and suitable shelter, rest rooms and lunch-rooms with provision of

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drinking water, where the workers can take the meals brought by them, shall be provided and maintained. 6 Creches: In every factory employing more than 30 female workers, shall be provided and maintained a suitable room or rooms for the use of children under the age of 6 years of such women. Its incharge shall be a woman trained in the case of children. 7. Welfare Facilities: Welfare officers shall be employed in every factory employing more than 500 workers. The Government may prescribe the duties, the qualification and conditions of service and number of such officers. WORKING HOURS 1. Hours of work: No adult worker shall be required or allowed to work in factory for more than 48 hours in a week and for more then 9 hous in day. No worker shall work for more than 5 hours before he has an interval of at least half an hour. The period of work shall be so arranged that inclusive of rest intervals, it shall to spread over more than 10 hours in any day. Chief inspector may, for reasons to be specified in writhing, increase this spread over time to 12 hours 2. Holidays: No adult worker shall be required or allowed to work in a factory on Sunday, unless he has or will have a holiday for a whole day on one of the 3 days immediately before or after the Sunday. Thus no worker shall work for more than 10 days continuously without a holiday. 3 Overtime wages. When a worker works for more than 9 hours in any day or for more than 48 hours in any week, he shall be entitled to wages at the rate of twice his ordinary rate of wages, in respect of overtime work. Here ordinary rate of wages, in respect of overtime work. Here ordinary rate of wages means the basic mages plus such allowances as the worker is for the time being entitled to but does not include a bonus. 4. Restriction on double Employment. No worker shall be required or allowed to work in any other factory.
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5.

Employment of women: This provision provides a further restriction to female workers that no women shall be employed in any factory except between 6 A.M. and 7 PM Stage Government may very this limit, but variation shall not authorise the employment of any women between 10 PM and 5 AM

EMPLOYMENT OF YOUNG PERSONS 1. No child who has not completed his 14th year, shall be allowed to work in any factory. 2. A child who has completed his 14th year or an adolescent shall not be allowed to work unless a certificate of fitness is granted to him. This certificate shall be renewed every year. 3. An adolescent, who has been granted a certificate of fitness to work in a factory and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to an adult. An adolescent who has not attained the age of 17years shall not be permitted to work between 10PM and 7 AM. 4. No child shall be permitted to work for more than 4 hours in a day and he well also not be allowed to work in the night. ANNUAL LEVEL WITH WAGES The Act provides a paid weekly holiday in a week. Besides the weekly holidays, every worker after completion of service of 240 days in a calendar year in entitled to get annual leave with wages in the subsequent year at the rate not less than: a) One day per 20 days of actual work for adults; b) One day per 15 days of actual work for a child. These are known as earned leaves, and can be accumulated upto 30 days in case of an adult and 40 days of actual work for a child. For granting leave, the worker should apply 15 days before or immediately in case of illness. The Act further provides that the number of times which leave may be taken during any year shall not exceed3. DANGEROUS OPERATIONS If any operation carried on in the factory exposes any worker to a serious type of bodily injury, poisoning or disease, the State Government may declare that

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operation to be dangerous and may ask for the provision of proper safeguard and if necessary, may prohibit or restrict the use of any material. It also prohibits women, adolescent and children to be employed therein and to ask for the medical examination of workers employed. ACCIDENTS AND DISEASES 1. In a factory accident resulting in death or causes any bodily injury due to which the person injured is prevented form working for a period of 48 hours or more immediately following the accident Manager of the factory Inspector within the prescribed time. 2. a) Where any worker suffers from any disease specified in the schedule, the Manager of the factory shall send its intimation to Factory Inspector within the prescribed time. b) If a medical practitioner attends to a person who has been employed in a factory and suffering from any disease specified in the schedule, he shell without delay send a report in writing the Chief Inspector stating the name and address of the patient and the factory mentioning the name of disease. PENALTIES 1. One any contravention of any of the provisions of this Act or any rule made thereunder or of any order in writing given thereunder, the occupier and the manager of the factory shall each be guilty of an offence and punishable with imprisonment upto 3 months of with a fine upto Rs.2000 or with both, if the contravention is continued after conviction, with a fine upto Rs.75 per day. If he is again guilty of an offence involving in contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment upto 6 months or with a fine upto Rs.5000 or with both. 2. If any worker contravenes any provision of this Act or Rules or orders made thereunder imposing any duty or liability on workers he shall be punishable with fine upto Rs.20. 3. If a child works in two factories on any day, his parent or guardian or the person having custody of or control over him or obtaining any direct benefit from his wages shall be punishable with fine upto Rs.50

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MISCELLANEOUS PROVISIONS 1. Appeals: The manager of a factory on whom an order in writhing has been served by inspector under the provisions of this Act may within 30 days of the serving of the order, appeal against it to the prescribed authority. 2. Obligation of Workers: a) No worker in a factory: i) shall wilfully interfere with or misuse any appliance, convenience or other things provided in a factory for the purpose of securing health, safety or welfare of the workers; ii) Shall wilfully and without reasonable cause do anything likely to endanger himself or others; iii) Shall wilfully neglect to make use of any appliance or other things provided for the purpose of securing health of safety of the workers. b) If any worker contrivance any of the provisions of this section or of rule or order made thereunder, shall be punishable with imprisonment up to 3 moths or with fine up to Rs.100 or with both. 2.8.2 THE INDIAN ELECTRICITY ACT, 1910 This Act relates to the supply and use of electrical energy in the whole of India. Aims and Objects: The min aims and objects of the Act are: 1. 2. To increase the facilities available to consumers. To provide the same facilities to the consumers, whether the electrical energy is generated by Government or by private Licensees of Electricity Boards. 3. 4. To provide full control over licensees. To provide to regulate the distribution, supply, consumption and used of energy. IMPORTANT DEFINITIONS 1. Electric Supply Line: It means a wire, conductor or other means used for conveying, transmitting or distributing energy together with any casing, coating, covering, tube, pipe or insulting surrounding or supporting, the same or any part thereof or any apparatus connected therewith for the purpose of so conveying, transmitting or
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distributing such energy and includes any support, cross-arm stay, strut or safety device created or set up for that purpose. 2. Energy: It means electrical energy generated, transmitted or supplied for any purpose or used for any purpose except the transmission of a message. 3. Licensee: Any person licensed to supply energy (explained under the handling Supply of energy) 4. Main: It is any electric supply line through which energy is or is intended to be supplied to the public. 5. Service Line : It means any electric supply line through which energy is or is intended to be supplied. a) to a single consumer either from a distributing main or immediately from the suppliers premises, or b) from distributing main to a group of consumers on the same premises or an adjoining premises supplied form the same point of the distributing main. 6. Overhead Line: Any electric supply line which is placed above ground and in the open space but excluding live rails of a traction system. 7. Cable: It is a length of insulated single conductor (solid or strand) or of two or more such conductors each provided with its own insulation. Such

insulated conductor or conductors may or may not be provided with an overall mechanical protective covers. 8. Flexible Cable: It is a cable consisting of one or more cores of conductor each formed of a group of wires, the diameter and the physical properties of the wires and the insulating material being such as to afford flexibility. 9. Circuit: It is an arrangement of conductor or conductors for the purpose of conveying energy and forming system or a branch of system. 10. Circuit Breaker: it is a device capable of making and breaking the circuit under all conditions and unless otherwise specified, so designed as to break the circuit automatically under abnormal conditions. 11. Conduit: Conduit means rigid or flexible metallic tubing or mechanical

strong and free resisting non-metallic tubing into which a cable or cables may be drawn for the purpose of affording mechanical protection.

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12.

Cut-out: It is an appliance for automatically interrupting the transmission of energy through any conductor when the current rises above a pre-determined amount, and shall also include fusible cut-out,

13.

Lighting arrestor:

It is a device which has the property of diverting to earth

any electrical surge of excessively amplitude applied to its terminals and is capable of interrupting current if present and restoring itself therefore to its original operating conditions. SUPPLY OF ENERGY 1. Licence: A State Government can grant a licence on application on prescribed from and on payment of the prescribed fee to supply energy in any specified area and also to lay down electric supply lines for the transmission of energy. Person applying for a licence shall publish a notice of his application in the prescribed manner giving 3 months time for receiving objections. Licence shall not be granted if a) objections are received by the State Government, and they are found to be reasonable. b) Area includes a cantonment. The grant of a licence to any purpose shall not restrict the grant of a licence to another person within the area of supply for a like purpose. 3. Revocation or Amendment of Licences : The State Government may revoke a licence in a public interest in any of the following cases: a) when a license make Wilful and unreasonable prolonged default. b) When a licence breaks any of the terms or conditions of the licence. c) When a licensee fails within the prescribed period, either to show that he is in a position to discharge the duties imposed on him y licence or to make the deposit or furnish the security required by the licensee. The State Government may instead of revoking permit it to remain in force subject to such further terms and conditions as it may think fit to impose. 3. Purchase of Undertakings: Where a licence has been granted to any person not being a local authority, the State Electricity Board shall have the option of purchasing the undertaking after the expiry of licence period. For this purpose State Electricity Board
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shall have to send an intimation to the State Government at least 18months before the expiry of the period for which licence was granted and shall serve upon the licensee a notice of not less than one year requiring the licensee to sell the undertaking to it at the expiry of the licence period. 4. Determination of Purchasing Price: Purchasing price of the undertaking shall be the market value of the undertaking at the time of purchase. Market value shall be the value of all lands, buildings, works materials and plant of the licence suitable to and used by him, for the purpose of undertaking, other than. i) Generating station declared in the licence not to form part of the undertaking of the purpose of the undertaking; and ii) Serve lines or other capital works constructed at the expenses of the consumers. 5. Opening and Breaking up of Streets and Railways: A licensee may: a) open and break up the soil and payment of any street, railways and tramway; b) open and break up any sewer drain etc.; c) laydown and place electric supply lines and may repair alter or remove the same. 6. Notice of Work: If a licensee wants to place any work under, over, along or across any street or railway, he shall give notice of one month before commencement of the work to the person responsible for repair of the street or railway as the case may be. If he objects to, the licensee may appeal to the Government within a weak of receipt of such objection. 7. Notice to Telegraph Damages: If a licensee wants to lay down or place any electric supply line within 10 years or 9.2m of telegraph line he shall give at least 10 days notice to telegraph authority stating amount and nature of energy, course of the work or alterations proposed etc. 8. Compensation of Damages: If a licensee causes any damage or inconvenience, he shall make full compensation for the same.
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9.

Power to enter premises. A licensee may at any reasonable time and on informing the occupier, enter any premises to which energy had been supplied by him for inspecting and testing supply lines, mater fittings etc., for ascertaining the amount of energy supplied or for removing fittings for which he is authorised to. Where a consumer refuses to allow, a licensee or any person authorised by him, to enter his premises or fails to give reasonable facilities for such entry or performance, licensee, may after expiry of 24 hours from the service of the notice, cut off the supply to the consumer for so long as such refusal or failure continues, but for no longer.

10.

Refusal to pay charge for Energy. If a consumer refuses to pay any charge for energy due from him the licensee may after giving 7 days notice in writing cut off the supply .

TRANSMISSION AND USE OF ENERGY 1. No person other than a licensee or a person to whom sanction in granted, shall transmit, or use energy at a rate exceeding 250 watts and 100 volts: a) in any street or b) in any place in which 100 or more persons are likely to be assembled or in a factory or a mine. 2. Licenses should give 7 days notice before the commencement of transmission or use of energy, stating his intention to the Electrical Inspector and the District Magistrate. 3. Electricity Board: A board to be called Central Electricity Board shall be continued to exercise the following powers: a) b) To make rules to regulate the generation, transmission and use of energy. To provide for preparation and submission of accounts by the licensees in the prescribed form. c) To provide for securing a regular constant and sufficient supply of energy by the licensee to the consumers. d) To provide for preventing telegraph lines and magnetic observations of labouratories from being injuriously affected by generation, transmission supply for use of energy.

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e)

To authorise any inspector to enter and inspect any place, carrage and vessel.

f) g)

To regulate the publication of notices. To prescribe the qualifications to be required for Electrical Inspector.

The board shall consist the following members, namely: i) ii) iii) A chairman and 5 other members to be nominated by the Central Government. One member to be nominated the Government of each of Electricity Boards. One member to represent Union Territories of Delhi, and one for Manipur, Tripura, Andaman And Nicobar Islands. iv) v) One member to be nominated by each of Electricity Boards. One member to be nominated by the Central Government to represent the Federation of Electricity Undertaking of India, vi) vii) viii) One member nominated by the Railway Board. One member nominated by the Chief Inspector of Mines. One member nominated by the I.S.I.

CRIMINAL OFFENCES 1. Theft by Energy : Whosoever dishonestly obstructs, consumes or uses energy shall be deemed to have continued theft within the meaning of Indian Penal code. 2. Whosoever intentionally causes energy to be diverted, cuts or injures any supply line or work, shall be punishable with imprisonment upto 2 years or with a fine upto Rs.1000 or both. 3. If a licensee supplies energy or works outside the area of supply, or if he without reasonable causes, discontinues the supply of energy, he without reasonable causes, discontinues the supply of energy, he shall be punishable with a fine upto Rs.1000 and in case of continuing default, with a daily fine upto Rs.100. 4. Penalty for interference with meters. a) Whosoever connects any meter, indicator or Apparatus with any electric supply line through which energy is supplied by a licensee or disconnects the same form supply line, without giving 48 hours notice of his intention to the licensee. b) Whosoever intentionally injuries any meter, indicator or an apparatus or wilfully alters the index of any meter etc. or prevents such meter etc. from duly registering the consumption of energy.
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In these cases defaulter shall be punishable with fine upto Rs.500 and in case of continuing offence, with a daily fine upto Rs.50 5. Whosoever intentionally extinguishes any public lamp shall be punishable with imprisonment for a term which may extend to 6 months, or with fine upto Rs.100 or with both. 6. Whosoever negligently causes energy to be wasted or diverted or negligibly breaks, throws down or damages any electric supply, post, pole or lamp or other apparatus connected with the supply of energy shall be punishable with fine upto Rs. 200 2.8.3. INDIAN ELECTRICITY RULES, 1956 These rules have been framed to execute the Indian Electricity Act,1910. These rules fulfil the aims and objects of the Act. These rules control and manage the electricity production, transmission, distribution and Utilisation. Some important definitions : 1. Voltage: Voltage means the difference of electric potential measured in volts between any two conductors or between any part of either conductor and the earth. 2. Low Voltage: Low voltage means the voltage which does not exceed 250

volts under normal conditions. 3. Medium Voltage: Where the voltage does not exceed 650 volts under normal conditions is known as the medium voltage. 4. High Voltage: Where the voltage exceeds 33,000 volts under normal

conditions is known as high voltage. 5. Extra-High Voltage: Where the voltage exceeds 33,000 volts under normal conditions is known as the extra-high voltage. Qualifications of Inspector: No person shall be appointed as an Inspector unless: a) he possesses a degree on diploma in electrical engineering from recognized university or college; b) he has regularly been engaged for a period of at least 8 years in the practice of electrical engineering of which not less than 2 years have been spent in an electrical or mechanical engineering workshop or in generation transmission or distribution of electricity or in the
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administration of the act and the rules made thereunder, in a position of responsibility. Inspection: Following are the provisions for inspection: 1) Any inspector or his assistant may enter or inspect and examine any place and can carry out test. 2) Inspector may serve an order upon any supplier, consumer owner or occupier calling upon him to comply with any specified rule. SAFETY PRECAUTIONS For safety precautions it provides that : 1. All electric supply lines and apparatus shall be sufficient in power and size and of sufficient mechanical strength. 2. Supplier shall provide a suitable cut out in each conductor of every service line other than an earthed neutral conductor. 3. Accessibility of Bare Conductors: Where bare conductors are used in a building the owner shall: a) ensure that they are inaccessible. b) Provide switches in readily accessible position, for rendering them dead whenever required. 4. Caution Notices: The owner of every medium, high and extra-high voltages installation shall affix permanently a caution notice on. a) Every motor, generator transformer and other electrical plant and equipment. b) 5. All supports of high and extra-high and extra-high voltage overhead lines.

Protective Equipment: Fire buckets filled with clean and dry sand should remain ready for immediate use for extinguishing fires. In addition, fire

extinguishers be provided to deal with electric fires and kept in all generating stations, enclosed sub station and enclosed switch stations at convenient points. 6. No electrical installation work, including additions, alterations, repairs and adjustment to existing installations, except such replacement of lamps, fans, switches, low voltage domestic appliances and fittings, shall be carried on behalf of any consumer or owner except by an electrical contractor licensed in this behalf by the State Government and under the direct supervision of a
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person holding a certificate of competency issued or recognised by the State Government. 7. Periodical Inspection: Every installation which is connected to the supply

system of the supplier, shall be periodically tested and inspected at interval of not exceeding 5 years. SUPPLY AND USE OF ENERGY 1. Testing of installation and connection: On receipt of an application for a new or additional supply of energy the supplier shall inspect and test the applicants installation. If supplier finds that installation is likely to constitute danger, shall serve on the that installation is likely to constitute danger, he shall serve on the applicant a notice requiring him to make such modifications as are necessary to render the installation safe. Supplier may refuse to connect the supply until the required modifications have been completed. Every consumer shall use all reasonable means to ensure that where energy is supplied by a supplier, no person other than the supplier shall interfere with the service lines and the apparatus placed by the supplier on the premises of the consumer. 2. Switch Board Installation: Every switch board shall be installed as follows: a) A clear space of at least 3ft (0.914 metre) in width must be left in front of the switch board. b) If the bare connections are at the back of the switch board, the space behind the board should be either less than 9 inches (23 cm)or more than 30 inches (76 cm) in width from the wall. In the latter case, there should be passage-way from either end of the switch board. 3. Variation of Voltage : Actual voltage should not very beyond 4% of the declared voltage for a low and medium voltages and not beyond high and extra-high voltages. 4. Variation of Frequency: Actual frequency of an A.C. must not very by more than 3% of the declared frequency. 5. Sealing of meters and Cut-outs: Supplier may affix a seal to any cut-out or meters and it is the responsibility of the consumer, to see that seal is not broken by any person except the supplier. 12 % for

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CONNECTION WITH EARTH For Low and Medium Voltage: 1. Provision for connection with earth of systems at low voltages (above 125 volts) and of systems at medium voltage are given hereunder: a) Neutral conductor of a 3 phase 4 wire system and the middle conductor of 2-phase 3 wire system shall be earthed both at the generating station and at the sub-station. b) In a D.C. 3 wire system the diddle conductor shall be earthed at the generating stations only, and the current from the middle conductor to earth shall be continuously recorded by means of a recording ammeter and when current exceeds one thousandth part of the maximum current supply, insulation system should be checked immediately. c) When middle conductor is earthed by means of a circuit breaker with a resistance connected in parallel, the resistance shall not exceed 10 ohms. The resistance shall be used only as a protection for the ammeter. 2. From of every generator, stationary motor and so far as is practicable portable motor metallic parts of all transformers and any other apparatus used for regulating and controlling energy shall be earthed by the owner by two separate connections. 3. All metal castings or metallic covering containing or protecting any electric supply line or apparatus shall be connected with earth. High and Extra-high Voltages: 1. Following provisions shall apply to the connections with earth of 3-phase system for the use of high and extra-high voltages. In case of star connected system with earthed neutral or in delta connected system with earthed artificial neutral points, the neutral points shall be earthed by not less than 2 separate connections having its own electrode at the generating station and at the sub-station. 2. Single-phase high or extra-high voltage system shall be earthed in manner approved by the Inspector.

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OVERHEAD LINES 1. Material and Strength : a) All conductors of overhead lines shall have a breaking strength not less than 700 Ibs(317.5kg) b) For low voltage and span of less than 15.24 meters (50ft) and is on the owners of customers premises of not less than 300 Ibs (136kg) 2. Clearance above the Ground: a) Overhead lines should not be erected across a street at a height less than: i) for low and medium voltage lines ii) for high voltage line b) 5.8 m (19ft) 6.1 m (20ft)

Overhead lines should not be erected along any street at a height less than: i) for low and medium voltage lines ii) Fro high voltage line 5.5 m (18ft) 5.8 m (19ft)

c)

Overhand lines should not be erected elsewhere than along or across any street at a height less than: i) for low medium and high voltage lines (upto 1100 volts) if bare if insulated ii) for high voltage lines above 11000 volts 4.6 m (15ft) 4.0 m (13ft) 5.2 m (17 ft)

d)

For extra high voltage lines the clearance above ground shall not be less than 5.2 m (17ft) plus 0.3 m (1 ft) for every 33,000 volts or parts thereof by which the voltage of the lines exceeds 33,000 volts. But the minimum clearance along or across any street shall not be less than 6.1 m (0.ft)

3.

Clearance for Buildings : a) For low or medium voltage overhead lines, maximum vertical clearance should be 2.44m (8 ft) form the highest point of the building and a minimum horizontal clearance should be 1.22m (4ft) from the nearest point from where the lines passes. b) For high voltage overhead lines minimum vertical clearance should be 3.66m (12.ft) upto 11,000 volts and 1.80 m (6ft) for voltage line above 11,000 volts.

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c)

For extra-high voltage line minimum vertical clearance should be 3.66 m (12ft) plus 0.3 for every additional 33,000 volts or part thereof and minimum horizontal clearance should be 1.83 m (6ft) plus 0.3m (1 ft) for every additional 33,000 volts or part thereof.

4.

Protection Against Lightning: a) Owner of every overhead line which is exposed as to be liable to injury from lightning shall adopt efficient means for diverting to earth any electrical surges due to lighting. b) The earthing lead for any lightning arrestor shall be directly taken from the lighting arrestor to a separate earth electrode and not through the iron or steel pipe.

PENALTIES 1. Penalty for Breaking Seal: A person breaking the seal shall be punishable with a fine upto Rs.200 and the consumer, when he himself has not broken the seal, shall be punishable with a fine upto Rs.50. 2 Penalty Breach of Rules: Any person who commits breach of these rules, shall be punishable for every such beach with a fine upto Rs.300. 2.8.4. INDIAN BOILER ACT, 1923 The Act does not apply for boilers installed in ships or under the control of Military and Railways. The Act authorises the State Government to

appoint the Inspector and Chief Inspector for the purpose of carry out the provisions of this Act. Definitions: Following are the important definition mentioned in the Act. 1. Accident: In is an explosion of the boiler or a steam pipe or any damage to the above which reduces the strength. 2. Boiler: Boiler is a closed vessel having capacity of more than 22.75 litres and is used to generate the steam under pressure and provided with all the necessary mountings and other fittings. 3. Economiser : Any part of feed pipe exposed to flue gases to recover waste heat. 4. Feed pipe : Any pipe under pressure through which water passes.
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5.

Steam pipe : Any pipe through which steam passes and if the pressure exceeds 3.5kg/sq cm.

Boiler Registrations: The boiler connot be fired, unless it has been registered. The owner has to apply to the Inspector for registration. The Inspector will then examine the boiler and submit his report to the chief Inspector. Restrictions: 1. Unless it has been registered. 2. Which has been transferred from one state to another until the transfer has been reported in the prescribed manner. 3. At a pressure higher than the maximum pressure recorded in such certificate or provisional order. 4. Unless it is in the charge of a person holding competency certificate. Renewal of Certificate: A certificate authorising the use of boiler shall be renewed : 1. On the expire period for which it was granted. 2. When any accident occurs to the boiler. 3. When it has been removed to another state. 4. When the steam pipe or pipes of the boiler are found to be in dangerous conditions. 5. When any structural alterations, additions or renewal is made in or to any steam pipe attached to the boiler After expire of registration, it should be got renewed by submitting a fresh application in the prescribed form. After inspection of boiler, a new certificate will be issued if the boiler is found to be fit for use. Duties of Chief Inspector : Chief inspector of a state, works under the administrative control of the Labour Commissioner of that State. He has to perform the following main duties. 1) To supervise and control the working of inspectors and personally inspect of examine the exceptional case or the cases where the personal checking is required. 2) Maintain proper record regarding registration particulars of the boilers in the State.
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3) Allot the area to each Inspector and approve their programmes considering to the convenience of the owners. 4) To examine the inspection report of each boiler, submitted by the inspector. 5) To decide the appeals against the order of an Inspector. 6) To enquire into the serious accidents to boilers. 7) To keep proper account of registration and inspection fees received. Duties of Inspector: 1) Inspection and examination of boiler and steam pipes in the areas allotted to them. 2) To see that boilers are working according to law and as per terms of their certificates. 3) To search for unregistered or uncertified boiler within their areas. 4) To advice the owner and the person incharge of the boiler, if necessary, regarding maintenance, cleaning and upkeep of boiler. 5) To keep proper record of accidents and registration of boilers working in their area and submit the information to Chief Inspector regularly. 6) To submit the inspection reports of boiler after inspection to the Chief Inspector. 7) To submit the report for the order of the Chief Inspector regarding : a) Increasing or decreasing of the boiler pressure; b) For necessary repair, renewal or alteration in structure of a boiler; c) For prosecution under the act. 8) To keep proper account and record of inspection fees received. Transfer of Boiler: Whenever a boiler is transferred from one state, the fact is noted in the register. The new owner shall apply to the Chief Inspector of the State in which he wants to install it, for the registration of transfer. Chief Inspector than obtains the necessary records from the state from which the boiler was transferred. On receipt of this record entry is made in the registers of Chief Inspector and Inspector. Inspection of Boiler : Preparation should be made before the inspection of boiler. At every inspection of a boiler whether for the grant or renewal of a certificate, the boiler
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should be made empty and cleaned thoroughly. All the manholes hand holes and sight holes doors are removed. All the fittings like mechanical stockers, oil fuel burners, caps or the headers and mud drums of water tube boilers are also removed. All the valves and cocks comprising the boiler mountings shall be opened before the Inspector visits. Then Inspector impacts all the internal and external parts. satisfies with the condition of a boiler then hydraulic test is performed. To prepare the boiler for hydraulic test, all the mountings are removed and their openings are blank flanged (or they are shut tight). The safety valves are also either jammed down or removed and the chest openings are blank flanged. The attachment for the Inspectors pressure gauged and the nipple for connecting Inspectors hydraulic test pumps hope should be in proper order. All the doors should be properly tightened. Boiler is then completely filled with water, care should be taken for all the air to escape. Inspector than raises the pressure of water in the boiler, with the help of the hydraulic test pump. This hydraulic test pressure is determined by using the following formula: 1 working pressure + p.s.i. (3.5kg/cm2) When the pressure of water in boiler reaches equal to that calculated from the above formula, then further raising of pressure is stopped and if the pressure is not dropped for some time, it indicates that there is no leakage. Then Inspector allows to use this boiler upto the working pressure. In case boiler starts leaking at slightly earlier stage than working pressure is calculated by this formula keeping hydraulic pressure as the pressure at which the leakage starts. Repairs to Boilers: Sanction of the Chief Inspector should be obtained before taking any repair in hand. General repairs are done with the object to make up for damage or wastage by suitable compensation either by renewal or repair of the effected part. A few water tubes or smoke tubes, however, may in an emergency be renewed pending the sanction of the Chief Inspector. But it is essential to report such case immediately to the Chief Inspector. Extensive repairs such as renewal of furnaces and plates, part of shell girders, fire boxes etc. should be carried out under the supervision of the Inspector (as per as practicable to him).
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If he

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Inspector should also mention about the repairs, along with accidents, enquiry of accidents etc. in the Inspection book. Accidents : If some accident occurs, the employer shall inform to the Inspector in writing giving full details about it and injuries, if any. On receipt of a report of an accident to a boiler or steam pipe, the Inspector should immediately proceed to the sight for investigation. The inspector than decides whether the use of boiler can be permitted at the original or at reduced pressure without repairs (if the accident is very minor) or pending the completion of any repair or alternation. If accident is of serious nature, he should then send the report of investigation to the Chief Inspector. He will then further investigate the matter personally. At the time of investigation Inspector can ask questions from any body concerning to that accident. Every person is bound to answer truly to the best of his knowledge and ability. The Act provides penalties for the following offences: 1. 2. 3. To refuse to surrender a certificate. To use boiler without obtaining certificate or provisional order. To use a boiler which has been transferred from one State to another without such transfer having been reported. 4. To refuse to hand over to the new owner of a boiler a certificate or provisional order. 5. 6. To fail to mark in the boiler its registration number. To make alteration in boiler or its steam pipe without obtaining prior permission. 7. 8. 9. To fail to report any accident that might have occurred. To temper with a safety valve occurred. To make a fraudulent register mark on a boiler. The amount of punishment may be extended to Rs.500 and an additional sum of Rs.100 per day after the first day on which he is convicted of the offence.

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Boiler Mountings: Following mountings shall essentially be fitted on the boiler : 1. Safety valves 2. Water level indicator 3. Steam pressure gauge 4. Steam stop valve 5. Feed check valve 6. Feed check valve 7. Blow off cock 8. Fusible plug 2No. 2No. 1No. 1No. 1No. 1No. 1No. 1No.

9. Manholes, hand holes and sight holes shall be provided in the numbers as necessary for cleaning of boilers. 10. One additional safety valve after superheater. 2.8.5. Industrial Disputes Act Some Definitions : This is an Act to make provision for the investigation and settlement of industrial disputes and for certain other purposes. i) Average pay : It is the average of the wages payable to the workmen: a) In 3 complete months for monthly paid workman; b) In 3 complete weeks for weekly paid workman; c) In 12 full working days for daily paid workman; Preceding the date on which the average pay becomes payable. When the work has worked for less than this period, then, average pay is calculated as the average of the wages payable to a workman during the period he actually worried. ii) Award : Award means an interim or a final determination by any Labour Court, Industrial Tribunal on National Industrial Tribunal. iii) Employer : Employer means a) in relation to an industry carried on by or under the authority of any department of the Central of State Government, the authority prescribed in this behalf or where no authority is prescribed, the head of the department. b) In relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority.

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iv) Industry: Industry means any business, trade, undertaking, manufacture or calling of employers. It includes any calling service, employment, handicraft or industrial occupation. v) Industrial Dispute: Industrial Dispute means any dispute of differences

between: 1. Employers and employers or 2. Employers and workman or 3. Workman and workman or which is connected witha) the employment, or b) non-employment, or c) the conditions of labour. vi) Dismissal of Workers: A worker dismissed after obtaining the

written permission form the Regional Conciliation officer by the employer does not validate the dismissal but only removes the ban on the right of the employer, his agent or manager to dismiss the worker, even then dismissal may be industrial dispute. vii) Suspension of Workman: A workman may be suspended pending inquiry and disciplinary action. If after enquiry misconduct in proved, the worker is dismissed and is not entitled to any wages of the suspension period. In case when a worker is fully exonerated after the enquiry, he would remain in service and would be entitled to his full wages of the suspension period. viii) Closure: In case of Closure employer closes the business and thus closure means the final and irrevocable termination of the business itself. ix) Lock-out: Lock-out means (a) closing of a place of employment,

(b) suspension of work or (c) refusal to continue to employ any number of persons employed. The lock-out indicates the closure of the place of business and not the closure of the business itself, as in closure. Experience has shown that lock-out is the weapon of employer to compel the employees to accept his proposals, just in the reply of the strike, the weapon of the employees, to compel the employer to accept demands.
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x)

Retrenchment: It is the termination of the service of a workman for any reason whatsoever except as a punishment inflicted by way of disciplinary action. It does not involve retirement of worker or

termination of the service of a worker on the ground of continued ill health. xi) Settlement: Settlement means a settlement, arrived at during the conciliation proceedings and includes a written agreement between the employer and workman. xii) Strike: Strike is refusal under a common understanding of any number of workers to continue to work or to accept employment. xiii) Workman: Workman means any person (including an apprentice) employed in any industry to do any skilled or un-skilled manual, supervisory, technical or electrical work for line or reward.

AUTHORITIES UNDER THE ACT a) Works Committees: A Works Committee is constituted in any industrial establishment in which 100 or more workers are employed and have been employed on any day in the preceding 12 months by an employer. This committee consists of representatives of employer should not be more than that of workers. Main duty of workers Committee is to promote the measures for securing and preserving amity and good relations between the employers and workers. b) Conciliation Officers: Conciliation Officers are appointed by the State Governments for the industries in a specified area permanently or for a limited period. Main duty of Conciliation officer is to mediated in the settlement of industrial disputes. c) Board of Conciliation : A Board of Conciliation is constituted by the State Government by notification in the Official gazette. It consists of a Chairman and two or four other members. Chairman is an independent person and other members are persons appointed in equal numbers to represent the parties of the dispute. The duty of the board is to promote the settlement of a industrial dispute.

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Power of the Board: 1. A members of a board can enter the premises of the establishment for the purpose of inquiry into any industrial dispute after any reasonable notice. 2. Every board has the same powers as vested as in a civil court. 3. Every inquiry by a Board is treated to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code. d) Courts of Enquiry : These courts of enquiry are also appointed by the state Government by notification in the Official Gazette. To inquire into any matter appearing to be connected with industrial dispute. After conducting the inquiry into the matters referred, they report to the Government within 6 months from the commencement of its inquiry.

e) Labour Courts: State Governments constitute Labour Courts for the adjudication of Industrial disputes for any matter specified in the second schedule. The matters specified in the second schedule are: 1) The legality of an order passed by an employer. 2) The application and interpretation of standing orders. 3) Discharge or dismissal of workers including reinstatement of, or grants of relief to workmen wrongly dismissed. 4) Withdrawal of any customary privilege. Labour court shall consist of one person only and who should have any of the following qualifications: a) He is, or has been a Judge of a High Court, or b) He has been a District Judge for at least 3 years. f) Industrial Tribunals: State Governments may also constitute one or more Industrial Tribunals for the adjudication of industrial disputes. A tribunal shall consist of one person only to be appointed and he should have the minimum qualifications as required for that of labour courts.

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The tribunal adjudicates of industrial disputes relating to any matter in the second schedule (jurisdiction of labour courts) or the third schedule. schedule mentions the following matters; 1. Wages, including the period and mode of payment. 2. Compensatory and other allowances. 3. Hours of work and rest intervals. 4. Leave with wages and holidays. 5. Bonus, profit-sharing, provident fund and gratuity. 6. Classification by grades. 7. Rules or discipline. 8. Rationalisation. 9. Retrenchment of workers and closure of establishment. g) National Tribunals : Central Government may constitute one or more National Industrial Tribunals for adjudication of industrial disputes involving question of national importance. It consists of only one person and who should have the qualifications as mentioned for that of Labour Courts. It can also take up the industrial disputes which are of such a nature that industrial establishments situated in more than one state are likely to be increased in or affected by such disputes. No person can continue in the office of the presiding officer of a Labour Court, Tribunal or National Tribunal after he has attained the age of sixty five years. STRIKES AND LOCK OUTS a) Strikes: No person employed in a public utility services shall go on strike: 1) Without giving a notice of strike to the employer, within 6weeks before striking; or 2) 3) 4) Within 14 days of giving such notice; or Before the date mentioned in the notice; or During the tendency of conciliation proceedings. The third

b) Lock outs: No employer carrying on any public utility service shall lock out1) Without giving a notice of lock-out to the worker in a prescribed manner within 6 weeks before locking out; 2) Within 14 days of giving such notice;
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3) 4)

Before the date specified in the notice; During the tendency of any arbitrary conciliation proceedings.

Penalty for Illegal Strikes and Lock-Outs : Any worker, who commences or continues strike, which is illegal under this act, shall be punishable with imprisonment upto one moth or a fine upto Rs.50 or both. Any employer who commences, continues lockout, which is illegal under this act, shall be punishable with imprisonment upto one month or fine upto Rs.1000 or both. Penalty for instigation etc: Any worker who instigates other to take part in stricke or lockout, which is illegal under this act, shall be punishable with imprisonment upto imprisonment upto 6 months or fine upto Rs.1000 or both.

LAY-OF AND RETRENCHMENT 1. Continuous : As per section 25B, a workman shall be deemed to be in

continuous service under an employer, if during a period of twelve calendar moths preceding the date with reference to which calculation is to be made, actually worked for not less thana) 190 days in the case of a workman employed below the ground in a time; and b) 240 days in other cases. The number of days in which a workman has actually worked under an employer shall include the days on which1. He has been on leave with full wages earned in the previous years. 2. He has been absent due to temporary disablement, caused by accident arising out of and in the course of his employment. 3. In the case of a female, she has been on maternity leave upto 12 weeks. 2. Lay-off: Lay-off means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials of the accumulation of stock of the breakdown of machinery or for any other reasons to give employment to workman and who has not been retrenched.

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A) Right of workmen laid off for Compensation: 1. whenever a workman who has completed more than one year of continuous service under an employer is laid off, he shall be paid by the employer for all days during which he is so laid of (for a maximum period of 45 days), compensation equal to 50% of the total of the basic wages and dearness allowance. Provided that If a person so laid off is retrenched, the compensation paid to the workmen for having been laid off during the preceding 12 months may be set off against compensation payable for retrenchment. B) workmen not entitled to compensation in certain Cases: No compensation shall be payable to a workman who has been laid off in following conditions: 1. If he refuses to accept any alternative employment in the same establishment or in any other establishment belonging to the same employer situated within 5 miles (8km) from the establishment to which he belongs. 2. If he does not present himself for work at he establishment at the appointed time during normal working hours at least once a day. 3. Retrenchment: As per section 25-F, on workman employed in a industry who has put in more than one years continuous service under an employer shall be retrenched until. 1. The workman has been given one months notice is writing indicating the reason for retrenchment and the period of notice has expired or the workman has been in lieu of such notice, wages for the period of notice: Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date of the termination of service. 2. the workman has been paid at the time of retrenchment, compensation which shall be equivalent to 15days average pay for every completed year of continuous service of any part thereof in excess of 6 months. 4. Clause of an undertaking: Where an undertaking is closed down for any reason whatsoever, every man who has complete the continuous service of at least one year in that undertaking, is entitled to notice and compensation in accordance with the provisions of section 25-F (i.e. as if the workman had been retrenched). This compensation shall be paid before such closure. H should also be served with a notice as mentioned earlier.
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2.8.6.Workmens compensation Act, 1923 It is an Act to provide for payment by certain classes of employers to their workman of compensation for injury by accident. Thus this Act protects the workers as far as possible form hardship arising from accidents. into force from 1st July, 1924. Definitions: Following are some definitions given in this Act: Dependent: Dependent means any of the following relatives of a deceased workman namely. 1. a wife, a minor legitimate son and unmarried legitimate daughters, or a widowed mother: 2. If wholly or in part dependent on the earnings of the workman at the time of his death, a husband, a parent other than a widowed mother, a minor illegitimate son, and unmarried illegitimate daughter a daughter illegitimate or illegitimate if married and a minor or if widowed, a minor brother, an unmarried or widowed sister, a widowed daughter-in-law, a minor child of deceased son. Partial Disablement : This disablement is of temporary nature and the earning capacity is reduced due to disablement is of permanent nature. List of injuries resulting permanent partial disablement is given in Schedule I. Total Disablement : It means such disablement whether of a temporary or permanent nature, which in capacities a workman from all work which he was capable of performing at the time of accident resulting in such disablement. Permanent total disablement shall be deemed to result from injuries where the aggregate percentage loss of earning capacity (as specified in Schedule-I) amounts to one hundred per cent or more. Wages: It includes any privilege or benefit which is capable of being estimated in money other than a travelling allowance or any other contributions paid towards pension etc., Workman: It means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of employers trade or business) who is employed in any such capacity specified in Schedule II on
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The object of

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monthly wages not exceeding Rs.500. Recently the Government has amended in May 1976as Rs.1000. Employers Liability for Compensation : If a personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Act., Provided that the employer shall not be liable : a) In respect of any injury which disables the workman for a period less than three days. b) In respect of any injury not resulting in death, caused by an accident which is directly attributed to. 1. The workman use under the influence of drink or drugs; 2. Wilful disobedience of the worker to an order issued for the purpose of securing safety of the worker; 3. Willful removal or disregarded of any safety guard. But if the worker dies of an accident due to the above reasons the employers have to pay compensation. Amount of compensation : Amount of compensation depends upon the following factors : 1. The pay of the worker concerned. 2. Extent of the injury. 3. The Act divides the injury under four headings: a) Causing death. b) Permanent total disablement. c) Permanent partial disablement. d) Temporary disablement. Amount of compensation can be found with the help of Schedule IV. a) If the injury causes death of worker then amount of compensation to be paid is shown in the second column (of the Schedule-IV) against the monthly wages shown in the first column of the Schedule. b) Where permanent total disablement results from injury the compensation will be as per third column of this schedule. c) Where permanent partial disablement occurs, the compensation will be equal to the percentage of loss for the disablement (this percentage loss for

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various injuries is given in Schedule I) of the amount which he would have been given in case of permanent total disablement. Note: Where more than one injuries are caused by the same accident the amount of compensation payable under this head shall be aggregated but this sho7uld not exceed the amount which would have been payable of permanent total disablement had resulted from the injuries. d) The compensation for the temporary disablement whether total or partial will be as per fourth column of schedule IV, payable on the sixteenth day after the expiry of a waiting period of three days from the date of disablement (upto a maximum period of five years). Notice of Accident : The worker who suffers an injury, however small it may be, should bring it to the notice of employer either personally or through some responsible person. Every such notice shall give the name and address of the person injured and shall state the cause of the injury together with the date and should be saved to the employer or representative of employer. Medical Examination : The worker, who has given notice of an accident must present himself for the medical examination, if employer offers such examination free of charge by a qualified medical practitioner. If the worker refuses for medical examination and other medical (free of charge and by qualified medical practitioner) and that such refusal, failure or disregard is found to be unreasonable in the circumstances of the case and the injury resulted disablement, then he shall not have the right for compensation of the disablement. Distribution of Compensation: No payment of compensation in respect of workman whose injury has resulted in death and no payment of lump sum as a compensation to a woman or a person under a legal disability, shall be made except through commissioner. If any employer has made the payment directly, it shall not be

considered to be a payment of compensation. However in the case of deceased workman an employer may make an advance up to Rs.100 to the dependents of the deceased worker for meeting the immediate expenses. This advance shall be deducted by the commissioner from the amount of compensation and repaid to the employer.
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If the employer has made the expenditure for funeral of the worker then this amount (maximum of Rs.50) shall be deducted by the commissioner from the amount of compensation to be paid and then this amount is repaid to the employer. Occupational diseases: If a worker suffers any of the specified occupational disease, (the list of which is given in Schedule III) and he has worked in factor for at least six months, the employer has to pay compensation. Some of the occupational

diseases are compressed air illness, poisoning by lead, phosphorus, mercury, benzene, arsenic, radium and other radioactive substances, X ray etc. Commissioner : State Government may by notification in official gazette appoint any person to be a commissioner for workmens compensation for a specified area. The commissioner has all the power of a civil court. Schedule I As extract from the list of injuries deemed to result in permanent partial disablement. S.No Injury Percentage of loss of earning capacity 1 Loss of both hands 100 2 Loss of a hand and a foot 100 3 Loss of sight 100 4 Very sever disfigurement of face 100 5 Absolute deafness 100 6 Double amputation to leg or thigh and other foot 100 7 Amputation through shoulder joint 90 8 Loss of a hand or a thumb and for fingers of one 60 hand 9 Loss of thumb 30 10 Loss of 4 fingers of one hand 50 11 Loss of 3 fingers of one hand 30 12 Loss of 2 fingers of one hand 20 13 Amputation of both feet 90 14 Loss of all toes of both feet 40 15 Amputation below knee 40 16 Loss of one eye 40 17 Loss of vision of one eye 30 18 Loss of index finger 14 19 Loss of middle finger 12 20 Loss of ring or little finger 7 21 Loss of right or left great toe 14 22 Loss of any other toe 3 23 Two toes of one foot excluding great foes 5 24 Three toes of one foot excluding great toes 6 25 Four toes of one foot excluding great toes 9
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Schedule IV Note: Recently government has allowed compensation to worker having monthly wages of upto Rs.1000 from May 1976. Therefore this schedule have been amended as below. Amount of compensation for Monthly wages of the workman injured Death 1 2 More than But not Rs. Rs. more than Rs. 0 60 7,200 60 90 9,720 90 120 11,520 120 150 13,500 150 200 16,804 200 300 18,000 300 400 19,200 400 500 21,000 500 600 21,600 600 700 23,000 700 800 24,000 800 900 27,000 900 1000 30,000 Half monthly payment a Permanent total scammer pension for temporary disablement disablement 3 4 Rs. Rs. Half his monthly wages

10,080 14,608 16,128 18,900 21,520 25,200 26,800 29,400 30,240 33,600 37,800 42,000

36.00 42.00 48.75 60.00 82.50 100.00 118.75 135.00 148.75 160.00 168.75 175.00

Example 1: A worker whose monthly wages Rs.120 suffers a loss of one hand by an accident. Determine the compensation payable to the worker. If in this accident, worker had also lost his index finger, then find what compensation would be paid to the worker. Solution: a)As the percentage of loss of earning capacity by loss of one hand = 60% (from Schedule I) Amount of compensation payable to the worker, who is getting rs.120 as monthly wage, in case permanent total disablement = Rs.18,900 Schedule - IV) Therefore, amount of compensation payable for 60% loss of earning capacity = 60/100 X 18,900 = 11,340. Therefore, Rs.11,340 would be paid as compensation. (from

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a) If the worker also lost his index finger than percentage loss of earning capacity will be 60% for loss of one hand and 14% for loss of index finger. Therefore, total loss of earning capacity = 74% And thus amount of compensation = 70/100 X 18,000 = Rs.13,980 Therefore, Rs. 13,986 would be paid as compensation to the worker in this case. 2.8.7.The Employees State Insurance Act, 1948 Introduction: The Act provides for certain benefits to employees of a factory, in

case of sickness, maternity and employment injury and makes provision for certain other materials in relation thereto. Experience of the working of the Workmens Compensation Act of 1924 showed that the benefits given to the factory workers under the Act, in many cases did not reach them. This was due to the following reasons: 1. A claim for compensation for injury has to be filed in the ordinary courts of law and black of finances often made it impossible for a worker to file such a suit and fight. 2. The workers preferred to accept whatever compensation employers provide, as they were not able to prove that accident occurred due to the negligence on the part of employer due to lack of finance and expert legal advice. These two defects were somewhat remedied, when the Act was amended in 1938, but it was still containing some loopholes. 3. 4. The Act recognised only a very small number of diseases. The administrative machinery set up under the Act for payment of compensation was so clumsy that though the amount of compensation was sanctioned, there was considerably delay in payments or payments were not at all. 5. It did not provide benefits during sickness, as was dome in many other industrial countries of the world. With a view to remove these defects in the workmens Compensation Act, the Government of India passed; the employees State Insurance Act, in 1948, and described as below:
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Definitions: 1. Benefits Period means such period, being not less than 25 but not exceeding 27 consecutive weeks or 6 consecutive moths corresponing to the contribution period, as may be specified in the regulations. 2. Contribution means the sum of money payable to the corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act. 3. Corporation means any of the following relatives of a deceased insured person, namely: 4. Dependent means any of the following relatives of a deceased insured person, namely; a) a widow, a wholly dependent legitimate or adopted son, unmarried legitimate or adopted daughter or widowed mother: b) If wholly or in part dependent on the earnings of the insured person at the time of his death. 1. a percent other than a widowed mother. 2. A minor brother or unmarried sister or widowed sister if a minor. 3. A widowed daughter-in-law. 4. A minor child of a predeceased son. 5. Employment injury, means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment being insurable employment. CONTRIBUTION For the purpose of contribution, the person covered by the act have been divided into eight categories and their rates of contribution and those of their employers have been specified in a scheme. The Central and State Governments and local bodies give grants to the State insurance Fund. The responsibility of paying the employers and employees shares of contribution is placed on the principal employer. The employees share which depends on the rate of the emoluments, is to be deducted form their wages by the employer.

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Every principal and immediate employer shall maintain the registers or records in respect of his factory or establishment. He shall submits the returns on the prescribed form to the corporation. 2.8.8.PAYMENTS OF WAGES ACT ,1936 The act regulates the payment of wages to certain classes of persons employed in industry . Under the act, the state government can extended the provisions of this act to the payment of wages to any class of persons in any industrial establishment. DEFINITION:1. Industrial Establishment means any: a) Tramway service or motor transport service. b) Air transport service. c) Dock, wharf or jetty. d) Mine,Quary or oil field. e) Plantation. f) Workshop, where articles are produced with a view to their use, transport of sale. g) Establishment , where construction , development or maintenance of building roads, bridges or canals or of water or where work relating to the generation, transmission and distribution of electricity is being carried out. 2. Wages means all remuneration expressed in terms of money payable to persons , while in employment and includes: a) Basic wages. b) Dearness allowance. c) Bonus d) Payments under any award or order of a court. e) Overtime allowance f) Leave salary. It will not include : A) The value of any house accommodation, supply of light , water, medical facilities and other amenities of life specified by the state government. B) Travelling Allowances. C) Employers contribution to pension or provident fund. D) Gratuity etc., METHODS OF PAYMENT OF WAGES :1.Responsibility for payment of wages:- Every employer shall be responsible for the payment to the persons employed by him, of all wages required to be paid under this act. Provided that, in the case of persons employed otherwise than by the contractor. a) In factories , if a person has been named as manager of the factory; b) In industrial establishment , if there is a person responsible to the employer for the supervision and control of the industrial establishment. c) Upon railways , railway administration has nominated to a person in this behalf for the local area concerned.
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The person so named, the person so responsible to the employer , shall also be responsible for such payment. 2. FIXATION OF WAGE PERIOD:- wage period shall be fixed by the person responsible for the payment of wages but this wage period will not be more than one month. 3. TIME OF PAYMENT OF WAGES:- A) Any railway , factory or industrial establishment employing less than 1000 persons must make payment of wages before the expiry of the 7th day after the last day of the wage period. b) If there are 1000 or more persons employed then wages must be paid before the expiry of the 10th day after the last day of the wage period. c) where the employment of any persons is terminated , the wages earned by him shall be paid before the expiry of the second working day from the day on which him employment is terminated. d)Wages must be paid in current coin and currency notes and not in kind. 4.MAINTENANCE OF REGISTER AND RECORD:- A) Every employer shall maintain such registers and records giving such particular of persons employed, work performed, the wages paid, the deductions made, the receipts given by them and such other particulars and in such forms may be prescribed. b) Every register and record required to be preserved for a period of 3 years after the date of the entry made therein. DEDUCTIONS: 1.Every payment made by the employed person to the employer of his agent shall be deemed to be a deduction from wages. 2.Any loss of wages resulting from the imposition, for good and sufficient cause, upon a person employed, of the following penalties, shall not be deemed to be deduction from wages: a)Withholding of increment or promotion(including stoppage of increment at an efficient bar) b)Reduction to a lower post or to a lower stage. c)Suspension. 3.The wages of an employed person shall be paid to him without deductions of any kind except those authorized by this act. Following deductions from the wages are permitted by this act. 1)Fines. 2)Deductions for absence from duty. 3)deductions for damage to or less of goods expressly entrusted to the employed persons, where such damage or loss is directly attributed to his neglect or default. 4)deductions for the house accommodation supplied to him. 5)deductions for which amenities and services ( not includes the supply of tools and raw material required for the purposed of employment) supplied by the employer. 6)deductions for recovery of advances of loans (including over payments.) 7)Deductions of income tax, contribution of provident funds, payments to cooperative societies.

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FINES 1. No fine shall be imposed on any employed persons on any of the acts and omissions which are liable to fine are got approved previous from the state government or from the prescribed authority. 2. A notice specifying such acts and omissions shall be exhibited in the prescribed Manner in the premises on which the employment is carried on. 3. No fine shall be imposed until he has been given an opportunity of showing cause against the fine. 4. The total amount of fine which may be imposed in any one wage period shall not exceed an amount equal to thirty second part of the wages payable to him. 5.No fine shall be imposed on any employed person who is under the age of fifteen years. 6.Every fine shall be deemed to have been imposed on the day of the act or omission, and no fine shall be recovered by instalments or after the expiry of the sixty days from the day on which it was imposed. 7.The recovery of all fine must be entered in a prescribed register to the credit of fined fund. The money of the fines fund can be used only for the befits of the workers subject to the approval of the prescribed authority. Violation of the act:1. )The administration of this act is the responsibility of the state government and is exercised by factory inspectors. 2.) State government may appoint a presiding officer of any labour court or industrial tribunal, constituted under the industrial disputes act,1947 or any commissioner for workmens compensation or other officer to hear and decide for any specified area all claim arising out of deductions from the wages, or the delay in the payment of wages. 3).Authority hears both the parties on receipt of the applications and after inquiry may direct to refund to the employed person of the amount deducted, or payment of the delayed wages, together with the payment of such compensation as the authority may thing fit, not exceeding ten times the amount deducted in the former case and not exceeding Rs.25 in the latter. 4).If the authority hearing an application is satisfied that the application was either malicious or vexations, the authority may direct that a penality not exceeding Rs.50 be paid to the employer or other person responsible for the payment of wages by the person presenting the application. 5).An appeal against the order of the authority can be made within 30 days of the data on which the order or direction was made before the court of small causes or before the district court. 6).whoever being required to maintain any records or register or to furnish any information or return a) fails to maintain such register or record; or b) willfully refuses or neglect to furnish such information or return; or c) willfully furnishes information; or d) refuses to answer or willfully give a false answer to any questions necessary for obtaining any information required to be furnished under this act: Shall for each such offence, be punishable with a fine which may extend to Rs.500 7).Whoevera)wifully obstruct an inspector in the discharge of his duties under this act: or
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b)refuses or wilfully neglects any reasonable facility for making any entry, inspection, examination, supervision or inquiry authorized by or under this act; shall be punishable with fine which may extend to Rs.500. 8)If any person who has been convicted of any offence punishable under this act is again guilty of an affence involving contravention of the same provision, he shall be Punishable on a subsequent conviction with imprisonment for a term which may extend to 3 months or with a fine which may extend to Rs.1000 or with both.

2.8.9 THE TRADE UNION ACT,1926


This act provides for the registration of trade unions and in certain respects to define the law relating to registered Trade Union. DEFINITIONS: 1)The appropriate Government means, in relation to trade unions whose objects are not confined to one state the Central Government, and in relation to the other trade unions, the state governement. 2)Executive means the body , to which the management of the affairs of the a trade union is entrusted. 3)office bearer include any member of the executive thereof, but does not include an auditor. 4)Trade Union means any combination, whether temporary or permanent , formed primarily for the purpose of regulating the relations between workmen and workmen , or between employers and employers or for imposing restrictive condition on the conduct of any trade or business, and includes any federation of two or more trade unions. REGISTRATION OF TRADE UNIONS: 1.Appointment of Registrar: The appropriate Government shall appoint a person to be the registrar of trade union for each state. Appropriate government may also appoint as many additional and deputy registrar of trade unions as it think fit. 2.Appilication of registration: Every application for registration of a trade union shall be made to the Registrar and shall be accompanied by a copy of the rules of trade union and a statement of the particulars, namely: a)the names, occupation, addresses of the members making the application b) the name of the trade union and the address of its head office;& c) the titles, names, ages, addresses and occupations of the office bearers of the trade union. 3.Provision to be contained in rules of the trade unions: A trade union shall not be Entitled to registration under this act, unless the executive thereof is constituted in accordance with the provisions of this act , and the rules thereof provide for following matters, namely: a) the name of the trade union; b) the objects for which the trade union has been established; c) the purpose for which the general funds of the trade union shall be applicable; d) the maintenance of a list of the members of the trade union and adequate facilities for the inspection thereof by the office bearers and members of the trade union;
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e) the admission of ordinary members who shall be persons actually engages or employed in an industry with which the trade union is connected. Also the admission of the number of honorary or temporary members as office bearers to form the executive of the trade union. f) The manner in which the rule shall be amended, varied or decided; g) The manner in which the members of the executive and the other office bearers of the trade union shall be appointed and removed; h) The safe custody of the fund of the trade union, an annual audit In such manner as may be prescribed, of the accounts thereof and adequate facilities for the inspection of the account books by the office bearers and the members of the trade union; i) the manner in which the trade union may be dissolved. 4.REGISTRATION: the Registrar, on being satisfied that the trade union has complied with all the requirements of this act, in regard to registration, shall register the trade union. On registering a trade union he shall issue a certificate of registration. 5.CANCELLATION OF REGISTRATION: A certificate of registration of a trade union may be withdrawn or cancelled by the registrar, if he is satisfied that the certificate has been obtained by fraud or mistake or that the trade union has ceased to exist or has willfully and after notice from the registrar contravened and any provision of the act. RIGHTS AND LIABILITIES OF REGISTERED TRADE UNION: 1.OBJECTS ON WHICH GENERAL FUNDS MAY BE SPENT: The general funds of a registered trade union shall not be spent on any other objects that the following, namely: a) the payments of salaries, allowances and expenses to office bearers of the trade union; b) the payment of express for the administration of the trade union, including audit of the accounts of the general funds of the trade union; c) legal proceedings to which trade union is a party d) the allowances to member or their depends on an account of death, old age, sickness, accidents or unemployment of such members; e) the provision of educational, social or religious benefits for members or for the dependents of members; f) the upkeep of periodical published mainly for the purpose of discussing questions affected employer or workmen as such. 2.DISQUALIFICATIONS OF OFFICE BEARERS OF TRADE UNION: A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office bearer of a registered union if; a) he has not attained the age of 18 years. b) He has been convicted by a court of India of any offence, involving moral turpitude and sentenced to imprisonment, unless a period of 5years has elapsed since his release.

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3.DISSOLUTION: when a registered trade union is dissolved, notice of the dissolution signed by seven members and by the secretary of trade union shall, within 14 days of the dissolution be sent to the registrar, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the trade union. REGULATION: 1. Power to make resolutions: The appropriate government may make regulations for the purpose of carrying into effect the provisions of this act. Such regulations may provide for all or any of the following matters, namely: a) the manner in which trade union and the rules of trade union shall be registered and the fees payable on recognition; b) the transfer of recognition in the case of any registered trade union which has changed its head office from one state to another; c) the manner in which the accounts of the union shall be audited. PENALITIES AND PROCEDURE 1) Failure to submit returns: a) if default is made on the part of any registered trade union is giving any statement or other document as required by this act, every member of the executive of the trade union , shall be punishable with fine which may extend to Rs.50 and , in the case of a continuing default, with an additional fine which may extent to Rs.5 for each week after the first; during which the default continues, provided that the aggregate fine shall not exceed Rs.50. b) Any person who willfully makes, or causes to be made, any false entry to or any omission from the statements sent to the Registrar, shall be punishable with the fine which may extend to Rs.500. 2.SUPPLYING FALSE INFORMATION REGARDING TRADE UNIONS: Any person who, with intent to deceive, gives to any member of the registered trade union , or to any person intending or applying to become a member of such trade union, an incorrect copy of the rules of the trade union, shall be punishable with a fine upto Rs.500.

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CHAPTER - 4

CONCLUSION & SUGGESTIONS


IT IS CONCLUDED THE FOLLOWING:1) No worker is unrest in the entire project. 2) Late comers who are coming delay to the office & project may be put absent for them and cut their monthly salary. 3) Workers who are without uniform at site, it is proposed to cut their monthly washing allowance. 4) String action can be taken on the staff members irrespective of cadre who are crating problems and not doing their proper works. 5) Permission may be given to the staff members for certain time only to go to canteen. Workers who are time passing at canteen may be watched and may be taken disciplinary action. 6) On the workers who are not attending the emergencies necessary action can be taken. especially during night times some of the workers are not coming to the plant at the time of emergency although they are available at quarter. 7) The workers who are leaving the plant (OR) who are leaving the head quarters without permission may be punished. 8) Sufficient no. of quarters are to be constructed to all the staff members who should come to the plant at all emergencies. 9) Working conditions are to be improved. 10) Safety appliances like Helmet, nose impeller, safety shoe etc., should be provided to all staff members. 11) Central Electricity Authority awards which are given by the Govt. of INDIA , the productivity incentive award, percentage of Auxiliary power consumption, specific oil consumption awards are to be announced for every year without delay. 12) The yearly incentive which is announced by State Govt. 15 days salary as incentive for every year, should be announced for every year without delay.

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13) Bonus is to be announced to the workers for every year without delay. 14) Article presentation for better generation production should be announced every year without delay. 15) Promotions should be given to all eligible staff members according to the existing vacancies. 16) Change of work i.e., transfers are to be given for a stipulated period among the staff members from dust prone areas to dust free areas. 17) Influence of Trade unions are to be reduced. 18) Political influence is also to be reduced. 19) Influence of contractors & contractors association is to be reduced. 20) The accidents which are already occurred in the plant are very minor and are very few. However the minor accidents are also to be reduced. 21) Training to all staff members given excluding at VTPS training center only. In the plant itself separate training center is to provide to staff among with the newly recruited A.E.s. 22) Lecture will be given to the staff with efficient engineers and officers and some times with outsiders also who are expert in not only theoretical and practical also. 23) In the plant, The management should follow all the industrial acts for better industrial relations. 24) Some of the remaining basic infrastructure needs are in need to be provided at an early date.

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BIBLIOGRAGHY.
1. 2. 5. 6. Labour Problems by V.V.GIRI. Labour Problems by Shukla & Ghoush Labour Problems by Kuchel Industrial Organisation & Engineering

Economics by Banga & Sarma 7. 8. Industrial Management by M.M. Sharief. Human resource planning by Dr. B.R. A. OPEN UNIVERSITY.

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