HRM_SectionA_Group3

8/10/2019 HRM_SectionA_Group3

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GROUP 3

AMBER DUBEY 13P062

DHRUV MISHRA 13P072

MANASVI BALI 13P082MANPREET KHANUJA 13P083

NIKHIL GANGIL 13P092

RAJ SHEKHAR DUTTA 13P102


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RDIs argument that since it is an NGO, it isnot an industry is inherently flawed.

Judicial precedent: Bangalore Water Supplyand Sewage Board vs. A.Rajappa, whereinthe Supreme Court held that absence ofprofit-making motive was not relevant fordetermining whether an enterprise is anindustry or not.

RDIs plea that it cant be treated as anindustry isnt justified in accordance withSCs definition of industry and above judicialprecedent.


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All the permanent employees except the 14

managerial personnel and 7 supervisor

category employees can be classified as

workmen as per section 2(s) of IDA. Apart from them, the 26 temporary project

employees can also be classified as

workmen.

The managerial personnel and supervisorcategory employees are employed in

managerial or supervisory capacity and hence

cant be called workmen.


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Every person employed in an establishment for hire or reward

including contract labour, apprentices and part-time employees to do any

manual, clerical,skilled, unskilled, technical, operational or supervisory

work, is covered by the Act.

This Act though does not apply to persons mainly in managerial oradministrative capacity, persons engaged in a supervisory capacity and

drawing > 10,000 p.m or executing managerial functions and persons

subject to Army Act, Air Force and Navy Act or those in police service or

officer or employee of a prison.

lTherefore, workmen under IDA included:

Field staff, research investigators, clerical and support staff as they have

no managerial or supervisory role.

Supervisory category employees (assuming they are paid


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IDA,1947 amended in 1984 has set the threshold

of the number of workmen in an industrial

dispute to be 100; earlier it was 300.

Since in this situation only 20 workmen were

involved, it cannot be categorized under

industrial disputes.

The dispute itself can be justified on the culture

prevailing in the organization.

But according to the contract regulations, it was

perfectly under the powers of the NGO to

terminate the services of certain employees

after the stipulated time of service.


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Under Section 2(h) of the Trade Union Act 1926, a trade union has

rights to represent employee interests with the management

In case of RDI, 24 permanent employees were given the requisite

notice and laid off due to lack of projects in the recession

The employees had to take recourse to formation of the TU to

tackle this

Therefore, in context of employees being laid off, the Trade

Union is under its jurisdiction to raise a dispute for their

reinstatement


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to promote measures for securing and preserving amity and

good relations between the employer and workmen

To comment and discuss upon matters of their common

interest or concern

Endeavour to solve any material difference of opinion in such

matters

Work to avoid escalation of the issues into affecting the

productivity and safety of the industry

Ensure good representation of both workers as well as

managers in the committee


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As per Trade unions act 1926, a trade union of

workmen can be registered if at least 10% of

workers or 100, which ever is lower are willing to

be a part of it.

As per the said case, at the time of application

25 members were present and on the date of

registration 21 members were present, which is

more than 10% of total members and satisfies the

criteria for forming a unionIn view of the above two points, the registrar of

trade union was right in registering the trade union

of the employees of RDI.


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The RDI management leveled a false charge on theseleaders that they had assaulted a manager

Though activists just had some heated arguments withmanager over the termination issue which caused theGheraoing of the manager for 2 hours but there was noassault on any one

RDI can take action against the people involved inGheraoing under the section 341of IPC with a simpleimprisonment of a term, which may extend to one month,or with fine which may extend to five hundred rupee, orboth

Companys action could even provoke the employee whichso far have refrained themselves entering into anyaggressive event.

Instead of going for any legal action company should askthe people involved in the Gheraoing to apologize in thewritten for the same and warn them of legal action if theyinvolve themselves in such activity again


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Provision of Valid strike under the Industrial Dispute Act, 1947-

Section 2(q) defines strike as a cassation of work by a body of personsemployed in any industry acting in combination, or a concerted refusal,or a refusal under a common understanding of any number of personswho are or have been so employed to continue to work or acceptemployment.

Prohibition on the Right to Strike under Section 22(1), Industrial

Dispute Act, 1947 No person employed in public utility service shall go on strike in

breach of contract:

Without giving to employer notice of strike within six weeks beforestriking

Within 14 days of giving such notice

Before expiry of the date of strike specified in any such notice asaforesaid

During the pendency of any conciliation proceedings before a conciliationofficer and 7 days after the conclusion of such proceedings.

In violation of the above, the union leaders called for the strike.

Hence the management has the right to suethe Union members for thebusiness loss of 50 million rupees


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THANK YOU

HRM_SectionA_Group3

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