PROBLEM

K & Caramel Biscuit Ltd owns factories at Poojapura for manufacturing biscuits. On 25th July 2021 the
company received a notice relating to demands for bonus leave and allowances from the workmen
employed in the factory. The employer did not give any reply to the notice sent by the employees. Due
to this the workmen adopted a slow-down strike which resulted in great reduction in the production of
biscuit and sustain loss. The company take action against 57 workmen individually and collectively. To
resolve the problem Labour Department Officer appoint Principal Conciliator.

CHARACTERS TO THE PLAY

CONCILIATOR – SAMEERA S. R

REPRESENTATIVE OF EMPLOYEES – ANASWARA ANILAL

ADVISOR OF REPRESENTATIVE OF EMPLOYEES– NIRVRITHY PRASSANAN

MANAGER OF K& CARAMEL BISCUIT LTD _REMYA R R

LEAGAL ADVISOR OF K& CARAMEL BICUIT LTD – LIBIYA D

ENQUIRY OFFICER – CHINMAYI

SCENE I

[The parties are in the room and the Conciliator entered in all of them stand respectfully]

CONCILIATOR : Good Morning everyone , I am Sameera your Principal Conciliator.

ALL THE PARTIES : Good Morning Ma’am

CONCILIATOR : Before starting the meeting, I welcome all of you presenting here to this dispute
redressal committee. First we’ll be having a introductory session I’m a practicing lawyer and as the
conciliation officer for this case. I have been practicing as a Mediator for the last 6 years. I am here to
resolve the disputes between both the parties and to reach an amicable settlement for the same. You
can feel free to address your respective grievances and issues based on your reasonable interest to me
as a Conciliation Officer. I promise to act in an independent, confidential, and impartial manner and also
will be binding by the principles of objectivity, fairness and justice while reaching a proper settlement for
resolving the disputes between you. First of all, I should clarify that I have no connection with this case.
I will do everything in my power to assure that the process remains confidential. Our goal here is to
reach an agreement. U can call me as Miss Conciliator So before we begin to discuss and resolve the
issue at hand, you can introduce yourself and your respective involvement and interest in this matter.
REPRESENTATIVE OF COMPANY: With pleasure Madam, Myself Anaswara , the representative of the
employees of K$ CARAMEL BISCUIT LTD

NIRVRITHY : I am Adv. NIRVRITHY, Legal advisor of Anaswara and his assets.

MANAGER OF COMPANY : Ma’am I am REMYA, the manager of K$C ARAMAL BISCUIT LTD.

ADVISOR OF COMPANY : Ma’am myself, Adv. Libiya Legal advisor of Remya and her assets.

ENQUIRY OFFICER ; Myself Chinmayi, I acted as the Enquiry Officer to the issue.

(scene 1 ends here)

SCENE II

CONCILIATOR : Nice to meet you all here, then come to our present dispute between Mr. Anaswara and
Remya ,representative of employees and manager of K&CARAMAL BISCUIT LTD. The ultimate mission of
this committee is to resolve the problems on industrial dispute and it will be beneficial to you to resolve
the problems by a mutual terms of agreement. Now you can present your facts.

ANASWARA: yes Ma’am,

CONCILATOR : So Anaswara, tell me about your problem.

ANASWARA: Ma’am we are working in this Company for a quiet few years and till the date we are not
provided with bonuses and other allowances. As we are not receiving bonus and allowances for the past
few years most of us are facing financial problems in such a situation Company is only source of income.
We have requested the employer about the same but they did not take any action against it. Due to this
we adopted the slow-down strike.

CONCILATOR: Then after what measures are taken by you?

ANASWARA: After our employees meeting we decided to approach a councel and we seek help of Adv.
Nirvrithy.

CONCILIATOR : Okey Nirvrithy, What action did you take against this problem ?

NIRVRITHY : As per the instructions of the employees, I have sent a notice dated 13 th July 2021 stating
the employee’s needs. Even after completing the requested period the company has not taken any
appropriate action. As we had no other way we were forced to go for a slow down.

CONCILATOR : what was the reason behind choosing go slow-down strike ?

NIRVRITHY : Our aim is to the production of the Company should not be stopped and our demand
should be accepted. We choose slow- down strike.

(SCENE II ENDS HERE)

SCENCE III
CONCILATOR: Okey, Manager what you have to state about this?

REMYA : Ma’am we have received the employees request but at present our Company is facing financial
crisis thus we are not in a situation to satisfy their needs. I am only the representative of the Company. I
have informed all their problems to the board. I take actions as per the instructions of the board of
directors. You should ask more about this to our Advisor.

CONCILATOR: Should you send the replay notice to the employees?

LIBIYA : Yes ma’am ,On this date we received the notice and sent a reply notice raising our difficulties
and asked for some time to pay the amount. But they organise slow down strike.

REMYA: Due to the strike the Company’s production was reduced and equipments were damaged.

LIBIYA : Therefore the Company considered this strike as an illegal strike and all those who participated
in this strike were dismissed. In regard of this the company appoint a Enquiry officer to study the matter

(SCENEIII ENDS HERE)

SCENE IV

CONCILIATOR : As the Enquiry officer in this issue, What is Your findings?

CHINMAYI : I tried my best to conduct an enquiry about this issues and after that I prepared this report.

Conciliator : Can , You please handover the report then I can also make a look into it.

CHINMAYI : Yes Ma’am, here it is.

Conciliator : Chinmayi, How many employees did you enquire ?

Chinmayi : I asked and enquired about 75 employees.

Conciliator : How many people answer were satisfactory ?

CHINMAYI: About half of people answer were satisfied.

Conciliator : Is there any chance of threat to employees from the Company side ?

Aravind : No Ma’am.

Conciliator : Well tell me what you had proposed to do as a proper remedy for this dispute ? what is
your present position Anaswara.
ANASWARA : We want our pending bonus and allowances. Also the dismissed employees should be
reinstated.

REMYA: Ma’am….

Conciliator : Ms. REMYA Let them complete first

NIRVRITHY: Bonus and allowances are the basic right of a employee, so it is the responsibility of the
Company to pay the bonus and allowances to the employee.Due to the wrong act of the employees
Company suffered huge loss therefore bonus cannot be given and dismissed employee’s cannot be
reinstated.

LIBIYA: Immediately after the strike we had appointed an enquiry Officer. As per the report of the
Enquiry Officer we dismissed the employee’s who had participated in the strike.

Conciliator : Is it true that the Company is suffering from any financial loss ?

CHINMAYI ; From verifying the accounts I fount that neither profit nor loss made.

Conciliator : Do you feel that the basic needs of the employees have been acknowledged ?

CHINMAYI; No ma’am, It is the responsibility of the Company to pay the bonus but they have failed to
do it.

Conciliator : To your opinion whose side is fair ?

CHINMAYI: There are flaws and faults on both sides. The workers should be given bonus and the
Company should make up for the loss.

SCENE III

Conciliator : Okey well . How do you plan to settle the dispute ? What ‘s your Opinion.

CHINMAYI : As per my report 11 employees were actively participate in the strike. The remaining 52
employees partially supported the strike. The conditions of the employees are pathetic. Therefore they
should be granted with the deserving bonus.
 ANASWARA As a representative of employees my opinion is that those who are dismissed from the
service should be recourse and deserving bonus should be given.

Abin : The Company is ready to give the employees the deserving bonus but the dismissed employees
cannot be reinstated.

NIRVRITHY: as only 11 employees have been actively participated in the strike, So it is not right to
dismiss all the employees.

Conciliator : What is the solution can you suggest for the remaining people ?

REMYA:We are ready to take 52 employees back to service.

ANASWARA If so the remaining 11 employees should be dismissed only after giving their pending bonus.

NIRVRITHY: We are agreeing to this decision.

ANASWARA We also agree to the decision.

Conciliator : Okay ! It’s my pleasure to settle this dispute like this way, I show my gratitude to everyone
for your kind participation and co-operation. Let’s sign the settlement agreement. The copies of such
agreement shall be exchanged to both the parties.Thank you.