CONCILIATION SCRIPT

TEAM MEMBERS

ASHNA SAJU PS
ASWANTH CHANDRA MM
ASWIN AT
ATHIRA S KUMAR
ATHIRA SUDHEER V

QUESTION

Shankar has been working in Taj Industries Ltd for the past 10 years. He was terminated
from service without giving any prior notice and without giving any compensation at the
time of termination. The trade union took up the matter and first came before the DLO
for conciliation. Failure report was sent to the government. The government then
referred the matter for adjudication to the labour court. At the labour court
management submitted that the establishment is no more in existence and the
establishment is not in a financially good shape to reinstate the workman. They agreed
to pay compensation for a period of one month. Workmen demanded that he should be
paid wages for the whole period till the date of conciliation along with the
compensation. The matter is referred for ADR.

CHARACTERS

CONCILIATION OFFICER
SHANKAR (EMPLOYEE) IN TAJ INDUSTRIES LTD
MANAGEMENT 2 PERSONS
TRADE UNION REPRESENTATIVE RAJ

(Parties and the conciliation officer are gathered in the room)

Conciliation officer: good morning, everyone, you know why we are gathered here.
Again, for the clarification I will let you know guys, why we are gathered here.
Mr. Shankar, you have been working for the Taj Industries Ltd for the past 10 years and
you were terminated from your service by the management without given any prior
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notice or any compensation for your termination for the service.
(Management were bit tensed in their faces)

Shankar: yes sir (honestly)

Management 1: No sir, it’s rubbish.
Trade union nj Angrily) The question is for Mr. Shankar you have no authority to answer,
you guys always try to gain favorable decision in under influence.
Conciliation officer: Raj, I ‘m here to decide the matter, the court authorized me, please
allow me to do my job.
Raj (Trade union): sorry sir.
Conciliation officer: So, the contention by the management is (looking the paper) Your
management submitted that the establishment is no more in existence and the
establishment is no more in existence and the establishment is not in a financially good
shape to reinstate the workmen [ exhale deeply] Is this correct?
Management 2: Yes sir.
Conciliation officer: Can you explain?
Management 2: Sir, due to the stock investment, company is facing heavy financial
burden, market fluctuation and, the production cost everything is in deficit. The
Company is now in a process of amalgamation with another firm. So, the firm is unable
to continue the service. And the company is having high rate of inflation. Hats because
we terminated Mr. Shankar from service.
Raj: It’s all lie sir, [angrily] These bourgeoisies are neglecting the life of poor, they are
only thinking about how to increase the profit.
Conciliation officer: Raj, please maintain your decorum. Am here to hear everyone let
them explain, I will come to you.
[Facing towards management]
Anything father to add.
Management 1: No sir.
Conciliation officer: Again, in your contention you agreed to pay compensation for a
period of one month. [Looking the management and the worker] Is that all?
Management 2: Yes sir, we are ready to pay the compensation for one month.
Shankar: No, I’m not ready to negotiate for one month compensation. The process of
termination is illegal and I’m eligible for the compensation for the whole period till now.
[Angrily]
Conciliation officer: Mr. Shankar, please calm down. I’m also here to hear you. Tell me
what is your demand.
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Shankar: Sir, I have been working for the company for more than 10 years. I didn’t even
take any unnecessary leave from the company. I give my blood and swear to make the
company great. And without giving a prior notice and compensation is an insult to do my
hard work towards this company. I am not here to beg anything. I am here to demand
what is right for me. The compensation is my right and the termination of my service is
illegal from the beginning.

[Stop for a minute, again sadly]

Sir I have wife and two children, I have to earn my living for my family and I didn’t have
my own house, I have been living in rental house for past 30 years I can’t live without
getting my compensation. I don’t have any other savings. If the company isn’t ready to
pay compensation for till now, I only left with one option to end my life here.
Conciliation officer: Shanker it’s crossing the line, nothing will gain by sacrificing your life.
I am here to conclude this matter justicially.
Raj: Sir, may I tell something?
Conciliation officer: Tell me,
Raj: sir, it’s an illegal termination, that’s why the trade union is interfering in this matter
And Shankar is an active member of our trade union.
Conciliation officer: By hearing both parties’ contention I have come to an conclusion [
looking both parties and parties are eager for the decision]
Termination of the service without giving prior notice and compensation will attract the
industrial disputes act 1947. [ Management become tensed and looking each other]
It is retrenchment, according to section 25 F conditions precedent to retrenchment of
workman.
No workman shall be retrenched if he is in continued service for more than 1 year. Until;
Provide notice in writing for reason of retrenchment one month period in full, and
compensation which shall be equivalent to fifteen days average pay for every completed
year of continuous service.
Again, for the information an employer who contravenes the provision of section 25F
shall be punishable with imprisonment of one month and fine up to 1000 rupees.
[Management face being not happy and looking each other, Shanker and Raj is in
pleasant]
Management 1: [Interpreting]Sir this is….
Conciliation officer: I’m coming to it please be patient. Any way I just mentioned the
situation which the management is liable for the act towards the employee.
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[ Every one is looking each other]
Conciliation officer: Shankar.
Shankar: Yes sir.
Conciliation officer: you understand you can avail yourself right through the court and
you are going to win the case and also entitled to get the compensation.
Shankar: yes sir[happily]
Conciliation officer: But if you go through the court proceedings it will take time, which
we can’t predict how long it is. Anyway, the final decree will be favorable to you but, it
would take time and cost. [Turning towards Shankar] Do you understand what I mean?
Shankar: Yes sir.

Conciliation officer: So speedy remedy is always better for every one.

There is a clear violation from the part of management in the retrenchment process and
they are not given the compensation to Shankar till this date of conciliation.

Management 1: Sir, what justice you have been doing?

Conciliation officer: Mr., It is for the benefit of both the parties. If you are not ready to
obey this conciliation any way you have to pay the compensation, because prima facie it
is violation of the rights of Shankar and you will have to spend more amount if you
continue with court proceedings. You are already contented that your company is in a
financial crisis, so in order to reduce the upcoming burden in the future it is better to
settle now. [The management is discussing each other]
Management 1: Ok sir, our company is ready to settle the matter. [Raj and Shankar
hugging each other]
Conciliation officer: Okay then both parties may sign the agreement and settlement
should be done with in the period of 15 days. So please shake hands with each other.
[Everyone shaking their hands]