in this issue...article by vinod bidwaik in every issue response from theeditor’s desk hr news...

11Make your hiring logical

Most of the times such jobposts are created by juniorrecruiter in the team.Hiring manager will writeeverything, he dreams ofhaving. They wantreadymade candidate whowill start delivering fromfirst day in theorganization. Don't knowwhen those hiringmanagers starteddelivering when theyjoined the organization. Anarticle by Vinod Bidwaik

IN EVERY ISSUE

Response

From the Editor’s Desk

HR News

Guest Column by Dr. Vinayshil Gautam

05

08 HR Movement 0906 07

Towards a rooted model of abusiness manager

In This Issue

27-58

C O V E R F E A T U R E

Important LABOUR Judgments - 2019

INIDA SKILLS REPORT 2020 : WHEEBOX SURVEY 1024 Growing menace of

pumpkin heads atworkplaces

Authority is helpful to suppress theenthusiasm of capable performers;often they are publicly ridiculedthereby pushing them into silentobscurity. Authority also helps forma strong informal set-up comprisinggossips, rumours, manipulations,blame-games, biases and jealousies(communal and others), inaction,procrastination; all of them killingproductivity and team work causingpeople and relationships to crumbledown. An article by Dr. PrageethaG Raju & Dr. Rajanikanth M

26Do we reallyaccept theChange?

When changes come inyour life, don't just adapt.Change with it. Be aware ofwhat is happening, don'tjust pretend to be changed.Feel the change too.Changes are always thereto serve a purpose.Understand the purposeand change will be smooth.Sync your inside with it andremove the friction andstill. An article by Kamya Kukreti

www.businessmanager.in 3 BUSINESS MANAGER | FEBRUARY 2020


63-65

Ridhi should expressely say NO!

Mihir Gosalia

Draw a line!

Bhaskar Dharival

No point in keeping quiet

Archna Khurana Sharma

CASE ANALYSIS

59Solutions provided here are in context to narrated facts & not in general.

Anil Kaushik Management Expert -HR & IR

In This Issue

LINE

1.

2.

3.

66 EVENT REPORT

IInnddiiaa HHRR SSuummmmiitt 22002200 bbyy iiCCoonnssuulltt IInnddiiaa hheellddaatt UUddaaiippuurr

61-62CASE STUDY

Fight or flight?

-Dr. Deepak Sharma & Swagatika Mohanty

1 2 -23

HR Focus2020

Special Feature

Sanjeev HimachaliSmitha Swamy

Dr. Aparna SharmaSubir Sinha

Vikas Sharma

HR will shift towards AI-enabled from tech-enabledSANJEEV HIMACHALI

Shifting from generalist to specialist modeSMITHA SWAMY

Moving towards a more holistic approachDR. APARNA SHARMA

Focus should be on moulding weak into performersVIKAS SHARMA

HR has to be more humaneSUBIR SINHA

CHIEF EDITOR

ANIL KAUSHIK

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ANJANA ANIL

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This issue of Business Manager contains 68 pages including cover

FEBRUARY 2020

Congratulations for choosing wonderfulsubject. Anilji...

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Look forward to reading it with interest.

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IR Code article is timely and informative.

Sachin C.

Well written article!

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Involve allIt has been a open secret in business world butno one seriously thought of plugging the gap.Your cover story on highlighting the need ofpeople function to be understood and practicedby non HR people is commendable. Hope afterwriting of so many industry veterans,organisations work seriously and draw road mapto make collective responsiblity of people issuesby all and not by HR only.

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RESPONSE


India s Best HR Magazine

Making HR People Complete

PracticalPractical view points to stress the importance ofpeople orientation across the organization and thefacilitating role by HR specialists.

Sridharan J

InsightfulGood insight on Code on Industrial Relations.

Gajendra Harishanker

CommunicationTrue.. Every manager must have understanding to analyse people with Intelligenceof each person, every body has individualcapabilities and as a manager we need toidentify and ultililize accordingly. Bestmethod i have identified is communication. It works like miracle.

Anand Shukla

Lacking clarityBecause HR always struggles with clarity aboutwhat is HR? Finally ends up with salarydisbursement and Employee RelationsManagement. Very few have clarity aboutaligning HR with business goals.

Rajiv Ranjan

D&I tooEncouraging Diversity & Inclusion in all formsshould also be the line manager'sresponsibility. Organisations with inclusiveline managers have high performance andhigh motivation work culture. Great insights!

Falguni R Vabale

Move downRightly said Suryanarayana. Time tochallenge the fundamentals of HRM. It has tomove down the line. Vimlesh

Break it!Bureaucracy and playing around with tasksinstead of accountable KPIs in line withbusiness goals is a challenge with most of theHR managers. And so as HR leader itsimportant to break this and set theexpectations right. HR is evolving and i wasfortunate to witness the great transition youmade in HR. Have always been a fan of yourpace. We always look up to you Prashant sir.

Arlene Alex

As the year 2019 has gone by leaving certain impacts on industry andemployer- employee relationship through judicial pronouncements, one ofthe most discussed judgments of Supreme Court has been of provident fundapplicability on certain allowances treating them as part of basic wage. Thisdecision while on one side has set to rest a long drawn controversy on thepoint, other side; employers are left with no clarity on past recoveriesindicating huge financial implications.

Judiciary has consistently appeared to have taken sexual harassment issuesat workplace very seriously. Year by year judicial pronouncements havehelped clear the doubts about IC, its inquiry procedure and its findings'importance. Madras HC has decided that in case of dismissal on the basis ofIC enquiry findings, no prior approval is required under provisions of I.D. Act.This is a big shift where IC findings have been placed almost on equalfooting of a tribunal. Loss of confidence of employee in employer due tomisconduct has also been established a point where no reinstatementwould be granted. In respect of engagement of contract labour also courtshave clearly defined the parameters of employer-employee relationship,without establishing that, contract labour cannot get any relief againstprincipal employer.

There appears to be consistency in judicial though process that whileindustry should be reasonably free to manage their people affairs,employees’ legal rights are also not allowed to be taken away.

This edition is annual compilation of all important labour judgmentsdelivered and published in various journals during last year. Our team worksthroughout the year for this edition. It is all about going through all thejudgments published whether offline or online, selecting them, assessingtheir relevancy and importance for our readers and then putting theircentral idea in one/few lines to prepare this special issue. It carries around800 judgments of Supreme Court and various high courts.

Apart from this, edition also carry a special feature on HR Focus-2020, aboutwhich experts have attempted to figure out certain areas on which HRfraternity will be working around should focus in coming year.

If you like it let us know. If not, well, let us know that too.

Happy Reading.

Balancing the rights & duties

February 2020Vol. 22, No. 8

@ tdanilanilkaushik

anilkaushik

FROM THE EDITOR’S DESK

Anil Kaushik


Towards a rooted model of a business manager

Dr. Vinayshil Gautam, Internationally acclaimed management expert. Chairman, DKIF

HR without PREJUDICE Aristotle, a great protagonist of thoughtelaborated above. notwithstanding hiseminence. was perceived by many, to bedifferently positioned to his Guru Plato. Thecounter argument to the empiricist thought isthat human beings are borne with ideas of fairplay.aesthetics.courage and lot of this innate.The huge overlay of Euro centrism overintellectual orientations would have us believethat the Indian philosophies of Yog, Nayay orVaishasheshik have nothing to say on theseissues!

This kind of streaming is a common loss. Onone side emerges an over emphasis on Euro-Greek thought and on the other the underplayof eastern thought. These different schoolsalmost grew independently parallel andwithout any obvious borrowing from eachother. This becomes even more potent whenone looks at the changing boundaries ofempires. Whereas the hoardes of Alexandermarched from Macedonia to the Indus therewas no counter thrust ever, of an army of asatrap of the sub-continent marching on theCentral Asia or anywhere else to extend theboundaries of its domain and incorporate in itsempire.

It is important to recognize all this becausebusiness models of expansion andexpropriation as studied today are essentiallythe outreach of western thought. Indianbusiness has a different grain. It is selfcontained and instead of talking of 'aggressivecompetitiveness' it talks of active collaboration.

The business schools are yet to wake up tothis reality and prepare business managers incompleteness, rooted in Indian conditions forIndian environment. Unless this happens thechances of replications of the business reachesof Indian entrepreneurs from Sumatra to Romewill remain a matter of eloquent thought butlittle substance to back it up.

The growth model in its present incarnationneeds a look at all the models which differentparts of the world, at different points of time,have thrown up and are capable of taking routein modern times.

This requires a mindset, an approach, anassociation. There is nothing in the formallearning processes which, as of now,encourages such orientation and it is herewhere the community and the family influencebecomes a critical factor dominating the scene.This has to do with mind sets to receive in a fairmanner, interpret accurately and reactconstructively. By the time one graduates tothe university stage, employment has beenconverted into a massive slugfest ofcompetitiveness and only thing which seemsto matter is winning. This cannot be a recipe forthe growth of the balanced individual and atruly authentic problem solving orientation.

This affects business perhaps more than itaffects any other domain of livelihood. Thematter need attention.

The world of thought, is like any other universe, fragmented; very often converting agiven line of thought into a creed. In the final analysis, many seem to be pursuing acult rather than a problem solving approach.

Autonomy of enquiry is a central principlefor human progress. Various schools ofphilosophy and analysis have tried to understand and explain the human phenomena.Many of them have sought to plead the correctness of their approach and the primacyof the explanation they espouse. The empiricist school wants only verified thought. Itdoes not recognize that the logic of the unexplored component of the universe mayrequire freewheeling with various alternative model of explanation. Ultimately sometruth may be in each of these approaches, making the universe of knowledgeaplatformof collage where each assumption has may have a limited, but some, mileage.

The so called scientific method is a much needed approach. The problem however, isscience does not precede visualization. The Newtonian approach of empiricalverification, is much celebrated and with good reasons. There is a need, however, torecognize that this approach has boundaries like any other approach. These debates areseminal to human history and are not taking place for the first time in human civilization,several mellinia ago Sankhya philosophy explored the relationship between Satkarya Vad(there is always a reason) and Asatkarya Vad (there need not always be a reason)predictably the person who tries to bridge the two propositions of Sankhyadarshanas -SatkaryaVad and AsatkaryaVad- has to be very cautious.

This leads inevitably to reflections on pros & cons of empiricism. The 'reasoning' ofscience is sought to be projected as in a conflict with the'belief' of religion. The distancebetween religion and faith is small but deep. Religion begins with an act of faith. Faith isa commitment to a paradigm coming from a person whose integrity is respected andwho is supposed to have wisdom, to which believers defer.

Knowledge is a cognitive process but imagination is a potent factor in understanding.It is herein that understanding of what is happening to the individualdyadic relationship,group relationship, inter-group relationship, community relationship, becomes critical.

In the ultimate analysis facts are good only so far as they go. Often in life in businessdecisions and just about every facet of human endeavor decision has to be taken on thespot and an overall judgment exercised. Any serious decisions maker well will testify thatnearly in 85% of the situations one does not have the luxury of either deferring a decisionor, 'asking for facts' let alone running it through an analytic prism.

Be that as it may it also does not follow that one can entirely work with appliedimagination and overlook the facts, patchy even though, they may be. The complexitydoes not end there. Even though ultimately decoding is done by the brain the inputs arethrough the senses.

BM



HR NEWS

white-collar employees enter gig market

According to research from Flexing It, a gig platform,india Inc is getting to like the gig model of white-collar work-force. More companies are keen to hire part-timers,freelancers and flexi-time talent. Companies expect to seeindependent talent comprise over 15% of their workforce inthe next 5 years. The research findings are based on itsreport 'Crafting a Strong Freelancer Value Proposition', thathad responses from over 50 organisations and over 560 freelancers.

Research indicates that:93% organisations now show a high degree of comfort toleverage flexible talent for strategic work and carve out theroles and responsibilities clearly53% of the consultants surveyed have been freelancing forless than 2 years41% women freelancers work remotely and 71% work on apart-time basis. This makes independent work a corestrategy to reverse India's falling Labour ForceParticipation Rate (LFPR) for women39% freelancers work for large multinational companieswhile 15% work for start-ups79% have more than 10 years of experience; 33% have over21 years of experience90% of the projects that freelancers worked on were ofstrategic priority

The roles in demand would beConsulting and strategy for small projectsIndustry expertise (for example, solving supply chainproblems for e-commerce)Newer age skills (UI/UX), analytics and data scienceFor core support functions like HR (diversity, HRprocesses, finance and legal)Referral (networks) is the number one source oftalent/projects, with flexible talent platforms rapidlyemerging as a key source (20%) and a channel that isexpected to grow meaningfully in the coming years

In terms of compensation:31% freelancers don't get a premium over permanentemployees despite the lack of other benefits34% of the organisations surveyed said incentives orrewards were provided to consultants while only 20% offreelancers quoted receiving such benefits40%+ freelancers indicated that they do not getnonmonetary benefits; Disparity in perception as 75% ofbusiness leaders said benefits were offered

Source: ET

Govt plans to implement all fourlabour codes in 2020-21

The government is planning to implement all the fourlabour codes on a single date in 2020-21, as per a report inBusiness Standard. The government believes that a single datefor the implementation of all the four labour codes will befruitful because it will ensure uniformity and will lead to anefficient execution.

While the labour code on wages has already become a law,the remaining three codes each on industrial relations, socialsecurity and welfare and occupational safety, health and working conditions have been introduced in the Lok Sabha.After all the four codes become law, industry will have to applyfor a single registration for labour laws instead of the need todo eight separate labour law registrations.

However, the implementation of the Code on Wages Act,2019, could face delay by at least one year from when it becamea law.

Source: BS

Women ahead of men in work-life balance

Given the growing rigours of urban life, several organisa-tions have flexi-work policies which are gender-agnostic.However, while more women make better use of such policies,not many men are doing the same, suggests a study by GodrejInterio.

In the survey of 1,300 working professionals - of which 64%were male - 76% of the men claimed that in the balancing actof work-life, they miss out on living their life in their way ascompared to 54% of women. And 61% of the male respondentsadmitted that they do not spend time pursuing their passion.The findings from the survey conducted across 13 citiesreveals a clear clash of Indian men's professional aspirationswith their passion.

Godrej Interio COO Anil S Mathur said, "According to oursurvey findings, with the pressure of work, technology anddaily routine, men find less time and opportunities for them-selves, family bonding and their passion as compared to theirwomen counterparts. The woman has always been theguardian of the home, and through years of balancing multi-ple responsibilities for family members she has acquired thelife skill for management."

However, women's participation ratio at work in India isstill low, at about 23%, and leadership levels are clearly domi-nated by men.

Source: TOI

The IT Sector is likely to hire 10 per cent more freshers in2020, even as the overall recruitment in this space may remainat the current level.

According to various estimates, the net addition of newjobs in the IT sector is likely to be more than 100,000 in 2020, ofwhich around 40 per cent will go to fresh graduates from engi-neering colleges.

Experts in the human resources (HR) consultancy spacesaid that mid-level staffers with more than six years of expe-rience will continue to face pressure this year as IT firms arelikely to reduce count in this level.

Last year, market leader Tata Consultancy Services (TCS)had made offers to 30,000 engineers from campuses; Infosysmade 18,000 during this period. Wipro has plans to hire 20,000fresh graduates in the current financial year (FY20).

"While IT firms are reducing staffers at the mid-level, CXOlevel hiring remains robust, which is likely to continue in 2020 aswell," said a senior consultant at a global HR consultancy firm.

According to experts, GICs (global in-house centres) of multi-national corporations, and start-ups are looking for more hiringat leadership roles as compared to traditional IT firms.

Source: BS

IT cos likely to hire 10% more freshers


Quick Heal Technologies appoints Reetu Raina as CHRO

Quick Heal Technologies Limited, the pioneering cybersecurityproducts and solutions company, with presence in B2B, B2C andB2G segments, has appointed Ms. Reetu Raina as its Chief Human

Resource Officer (CHRO). Raina will be responsiblefor driving Quick Heal’s HR function and steer the

company’s people operations, culture andrecruitment initiatives. Ms. Raina holds exten-sive industry experience and has worked across

sectors such as Telecom, BFSI, and IT before join-ing Quick Heal Technologies.

Naresh Gautam appointed as Vice President- HR at Technoblast Mining Private Ltd.

With about 23 years of experience in HR, Naresh Gautam has nowjoined as Vice President - HR at Technoblast Mining

Pvt. Ltd. & Technoblast Mining Corporation. Priorto this appointment Naresh Gautam wasAssistant Vice President - HR with Monnet Ispat &Energy Ltd. for about 10 years. He has also

worked with Gujarat Borosil Ltd., Shriram Hondaand Power Equipment Ltd.

H R M O V E M E N T

Rajiv Oza appointed as Senior Director HR(Country HR Head) at Stryker

With about 24 years of experience in HR, Rajiv Oza has now joinedStryker as Senior Director HR (Country HR Head). Prior

to this appointment Rajiv Oza was with GSK asRegional HR Business Leader - South Asia for about4 years. He has also been with Biological E. Ltd., Dr.Reddy's, Transformers & Rectifiers India, Honeywell

Tata Chemicals, Subros Ltd., Moser Baer, Roulundscodan and Polymedicue ltd.

Ashutosh Srivastava appointed as ZonalHead - HR of BFSI Industry

With about 6 years of experience in HR, Ashutosh Srivastava hasnow joined as Zonal Head - HR of BFSI Industry. Prior

to this appointment Ashutosh Srivastava wasRegional Manager - HR with Indiabulls ConsumerFinance for about 1 year. Ashutosh Srivastava hasalso worked with AnandRathi Shares, Stock

Brokers Ltd. and Club Mahindra. AshutoshSrivastava is Graduate from Lucknow University.

Panneer Selvam appointed as director-HR of BEML

With about 36 years of experience in HR, Panneer Selvam hasnow joined as director-HR of Bharat Earth Movers

Limited (BEML). Having joined BEML in the year2004, as deputy general manager at KGFComplex, Selvam went on to head the Palakkad,Mysuru and KGF Complexes. He has handled vari-

ous responsibilities in the organisation, includingthe materials division and production in defence.

Keshav Rao appointed as Director(Personnel) of Mahanadi Coalfields Ltd.

Keshav Rao, ITS, took over as Director (Personnel),Mahanadi Coalfields Limited on 18.12.19. Shri Rao, a for-

mer General Manager with BSNL is a B.Tech inElectrical Engineering from IIT, Bombay and a postgraduate from IIM, Ahemdabad. He brings with him

26 years of experience in HR, Vigilance, ProjectExecution, Planning & Operations in Telecom industry.

Swatee Sarangi appointed as global headfor learning, leadership & OD at Dr. Reddy

After serving for about 4 years in L&T as Head - CapabilityDevelopment, Corporate HR, Swatee Sarangi, a business focus HR

practice and thought leader has now been appointedas Global Head for Learning, Leadership & OD at Dr.

Reddy's, where she will be driving a change mandate through learning, leadership and capability building. At L&T Swatee while drivinglearning with passion, she was anchoring the

leadership pipe line and several key strategic people development interventions.

PADMANABHAN S Elevated to Head - HR(Operations - Global) - L&T

Working as Head - Human Resources (Domestic),Power Transmission & Distribution IC of L&T since

January 2017, PADMANABHAN S has now beenelevated to Head - HR (Operations - Global). Hehas been in the profession since last 22 years andserved the orgnaisations like Cadila, Dr. Reddy's,

NCR Corporation, Titan Industries and KONEElevators.

Amit Sharma promoted as Head - CentralHR of Zee Entertainment Enterprises

With about 19 years of experience in HR, Amit Sharma has started new position as Head - Central HR of Zee Entertainment

Enterprises. Prior to this appointment Amit Sharmawas Manager HR with Stream International forabout 1 year. Amit has also worked withFlexiworks India, Percept Picture Com. andPeopleone Consulting. Amit Sharma is Master of

Labour Laws and PM from Lucknow University.

Anant Garg appointed as CHRO of BectonDickinson

With about 16 years of experience in HR, Anant Garg has nowjoined as CHRO of Becton Dickinson. Prior to this

appointment Anant Garg was director - HR with EliLilly and Company for about 8 years. Anant Garghas also worked with Mercer Consulting andAccenture. He is MBA in HR/PM and IR from XLRI

Jamshedpur. He is passionate about developingleaders, driving innovation.

INIDA SKILLS REPORT 2020 : WHEEBOX SURVEY

2014 20162015 2017 2018 2019 2020

33.95% 37.22% 38.12% 40.44%45.60%

47.38%46.21%

How has Employability changed over the years?

How has the hiring intent changed every year?

2014

2015

2016

2017

2018

2019

2020

2%

23%

14%

7%

10%

15%

10%

HIRING INTENT PERCENTAGE

Banking &Financial Services & Insurance (BFSI)BPO, KPO & ITeS

Internet business

TOP SECTORS BFSI,Pharma &Healthcare,

Telecom

BFSISoftware/Hardware

Manufacturing

Which sectorshave hiredthe most?

BFSIRetail

Core Sector(Oil & Gas,

Steel Minerals)Software/Hardware

Auto Ancilliar

RetailE-commerce &

TransportPharma &Healthcare

Hospitality(including Aviation,

Tour Travels)BFSI, Core Sector

(Oil, Gas,Steel etc.)

2014

2015

2016

2017

2018

2019

2020

Which states havethe maximum hiring

activity?Gujarat had the3rd highest hiringactivity in 2018

Maharashtra had thehighest hiring activity in2016, 2017 & 2019and 2nd highest in2015. It will likely have3rd highest in 2020

Karnataka had themax. hiring activityin 2014 & 2015, 3rdhighest in 2017 &2019. And will stay atrank 2nd in 2020

Delhi had the 2ndhighest hiring activityin 2016 & 2018, and

the 3rd highest in2014, 2015 & 2019

Andhra Pradesh hadthe highest hiringactivity in 2018

Tamil Nadu will havethe highest hiring

in 2020. It had the2nd highest hiring in

2014 and 3rd highestin 2016 & 2017

Which are the stateswith maximum supplyof employable talent?

TOP 3 STATES

2014

2015

2016

2017

2018

2019

2020

Punjab HaryanaDelhi

Delhi OrrisaUttar Pradesh

Andhra PradeshUttar Pradesh

Delhi

MaharashtraAndhra Pradesh

West Bengal

Andhra PradeshDelhi

Gujarat

Andhra PradeshDelhi

Uttar Pradesh

MaharashtraTamil Nadu

Uttar Pradesh

Men v/s Women

PARTICIPATIONAT WORK

EMPLOYABILITY

71%

30.30%

70%

34.26%

68%

36.01%

71%

40.12%

77%

46.87%

75%

47.39%

77%

46%

PARTICIPATIONAT WORK

EMPLOYABILITY

29%

42.10%

30%

37.88%

32%

39.95%

29%

40.88%

23%

38.15%

25%

45.6%

23%

47%

2014 2015 2016 2017 2018 2019 2020

Reimagining India’s Talent Landscape for a $5T Economy

Necessity of propelling

the country’s FEMALE

PARTICIPATION in the

workforce to 48% at par with the

global average over the coming

10 years.

This report is a combination of an assessment of 300,000 Candidatesfrom 3500 Educational Institutes across 28 States and 9 Union Territoriesof India who appeared for the WNET and 150+ Corporates across 9

Industry Sectors who participated in India Hiring Intent survey.



Sometimes, job postings surprise me. A small organization havingits office in downtown city asks applications from candidates whoare supermen from nice institute, having mind-blowingexperience of handling everything. Of course, their salarypackage is not that mind-blowing. Sometimes their expectations

are just unrealistic. I have seen the job post which asks 8 years ofexperience in certain technology and that technology is only 5 years old.Every company wants their candidate from reputed institute, working inreputed company either in MNC or Indian MNC. When I see these jobpostings and if I would have been the candidate, I am sure that there arelittle chances of my résumé shortlisted. There are few candidates who alsodon't bother what's written in the job advertisement; they apply for everyposition cluttering the inbox of recruiter. Recruiter gets confused whom toshortlist because she doesn't get anybody who is qualified.

As commonly cited statistic is that women only apply for jobs when theyfeel 100% qualified, while men are willing to apply when meeting just 60%of the qualifications - evidence of a confidence gap between the genders.But both men and women fall into the trap of taking job requirements tooseriously. I frequently listen to talent acquisition specialists aka recruitersspeaking about selling the job to the candidate. This is because theirmailbox in cluttered with irrelevant resumes because of strange job postsand they get very few relevant candidates. It doesn't mean that there is adearth of relevant candidates.

Most of the times such job posts are created by junior recruiter in theteam. Hiring manager will write everything, he dreams of having. Theywant readymade candidate who will start delivering from first day in theorganization. Don't know when those hiring managers started deliveringwhen they joined the organization.

Then there is a category of job postings (common in India) which onlyseek applications from certain institutes (like tier 1), specific gender (toimprove the diversity targets given by their bosses) and certain companieslike European or American companies. People in American companiesthink that working in American companies is very tough and employeesworking in Indian or other MNCs will not survive in "their" companies.And later think the same way.

In short, they want the best, fast & cheap. This is the rule of three in thebusiness world : whether you're talking about a product, a service, or aperson, you simply cannot have it all. But then what we do in such cases? Asa professional we need to calibrate our expectations and you can do it byworking on following tips.

Challenge the assumptions : Healthy and challenging discussion isalways good. HR professional, talent acquisition specialist and hiringmanager should come together. In-take meetings are crucial. TA

specialist should ask lot of questionsand challenge if manager has somedifferent expectations. For example,most of the time, managers expectcandidates from competition. By onlyhiring from competition, we arecreating artificial dearth ofcandidates, secondly, we arediscouraging the diversity and thirdcreating the monopoly for the talent.Same is for candidates from specificcollege, specific region and genders.

Recognise & overcome biases : Wehave biases as explained above aboutcompanies, colleges, gender,community, cast and regions. We needto recognise that, yes; we are bias andthen work on to overcome thosebiases. HR plays an important rolehere to help the manager bychallenging his biases and supportinghim to take the right decision.

Hire for potential : Candidatesshould not be shortlisted based ontheir tenure, short or long, in thecompany. Selection should be based onwhat experience they gained, howthey developed themselves, and whatthey contributed to the business. Youshould find out the reason of short orlong duration. They may contribute ina short span in one company ormultiple contributions in anothercompany. See their growth andpattern of development instead of justexperience.

I know this is not rocket science, butyou take a balanced view, you may get aresult.

Vinod Bidwaik

Vice President -HR, Alfa Laval India Private Limited, Pune

Make your

HIRING LOGICAL

Most of the times such job posts are created by junior recruiter inthe team. Hiring manager will write everything, he dreams ofhaving. They want readymade candidate who will start deliveringfrom first day in the organization. Don't know when those hiringmanagers started delivering when they joined the organization.

BM

HR will shift towards AI-enabled from tech-enabledSANJEEV HIMACHALI

Shifting from generalist to specialist modeSMITHA SWAMY

Moving towards a more holistic approachDR. APARNA SHARMA

Focus should be on moulding weak into performersVIKAS SHARMA

HR has to be more humaneSUBIR SINHA

Sanjeev HimachaliSmitha Swamy

Dr. Aparna SharmaSubir Sinha

Vikas Sharma

HR Focus2020

Special Feature



SPECIAL FEATUREHR Focus 2020

Sanjeev HimachaliPrincipal Consultant and Talent Strategist, Ecliptic HR Solutions

Private Limited, Pune

In the coming year, hierarchy is set to be demolishedwith the trends towards the teal organization. The tealorganization is concerned with self-management andself- organization while keeping a consciousness level

on the happenings in the outside world.

HR will shift towards AI-enabled from tech-enabled

With the unemployment graph at its high, the role of human resourceprofessionals is getting fairly critical. Organizations will be tempted toincorporate the upcoming HR trends in consolidating their workforce, checkingemployee experience, and ensuring data security. Trends as per the studycarried out by the European Union are indicating towards a workforce moreprofound in ICT (Information and Communication Technology). Humanresource practices are undergoing dramatic changes that too at a rapid pace.This accounts for the need to keep pace with the ever-changing trends. HR willshift towards AI-enabled from tech-enabled ensuring a balance between the two.

Let's shift our focus straight to those trends in human resources that aregoing to create some buzz in 2020.

Ever-increasing role of artificial intelligence in recruitment

Most of the hiring process has taken a leap from manual to automatic. Therest is expected to be automated in the time to come. The elements such asapplication tracking system, candidate screening, and email automation areusing artificial intelligence. AI can be employed to predict when to hireemployees, and when to halt the employment process.

Perks of using artificial intelligenceSpeeds up the candidate screening process : AI-based recruitingsolutions help in filtering the wide base of applicants on the grounds ofskills and qualifications. This can be a tiresome task for a recruiter.Time saving : AI reduces the tendency to perform a task repeatedly, whichin turkey saves time. AI operates on a go which might take the recruiterhours to execute.Unbiased decision making : AI completely rules out the possibility ofbiases. Candidates will be shortlisted based on their skill set, andqualifications as there is a minimal human element in the recruitmentprocess.

HR analytics : Analytics is something that is known by all but it is moreoften than not taken for granted. Data analytics provides the organization withinvaluable insights in the form of trends and data which helps keep a check onthe absenteeism rate of employees, their leave frequency, and the employeeturnover rate.

To evaluate how strong the data analytics framework of the organization isto ask the following queries about the organization. For instance, let's try to findout what can be the possible reasons for an organization to have a highemployee turnover rate.

Is there any specific segment of the organization facing an unexpected peak?What's the average time an employee works for the organization?

What's possibly wrong with theworking conditions in theorganization?Wage pay offered by the rivalfirms.

Areas in which data analytics isgoing to transform HR

Aiming to reduce employeeturnover.Working towards providingemployees with experience and jobsatisfaction.Suggesting ways to refine thebusiness process andimplementing automation.Helping to recruit a talentedworkforce.Assisting in workforcemanagement and talent hunting.

Specialists over generalists :Over the past decade or so the trend isto deploy a human resource managerwho is responsible for a wide range ofduties this trend is expected to changein 2020. HR development specialist,HR management specialist, and HRinformation system specialist. Thereason for such a shift is theturbulence in the environment, fast-changing environment laws. Rules,and regulations getting stricter overtime, and most importantly theoutcomes of the generalist approachare not very encouraging. The roleslike that of the recruiter or thevisionary need to be assigned to somespecialist as the performance of asound HR function is pivotal to them.

Teal organization : In the coming


HR WILL SHIFT TOWARDS AI-ENABLED FROM TECH-ENABLED

year, hierarchy is set to bedemolished with the trends towardsthe teal organization. Theorganizations will get over thetraditional management practiceslike preparing quarterly budgets andreports, using organization charts,etc. The teal organization isconcerned with self-management andself-organization while keeping aconsciousness level on thehappenings in the outside world.

The teal organization is the fifthstage of the colour codes designed tounderstand the evolution oforganizational structures. Topmanagement and ownership are thetwo factors that are going to becritical in the upcoming years tomove towards the Teal organization.The CEO of the organization musttruly believe in the Teal paradigmboth psychologically andtheoretically. The owners will alsohave to understand that they need togive the Teal organization a long rundespite the occasional rough patches.

Use of Robotic ProcessAutomation : Automation willremain the need of the hour in 2020.RPA is a technology - driven processaimed at automating the businessprocess. Incorporation of RPA toolswill enable an organization to shifttowards proactive hiring. RPA willautomate the processes of resumescreening, candidate shortlisting,onboarding and monitoring ofemployees. The resources such astime and money are saved using RPAwhich can be expended in the corebusiness operations.

HR Personals at key positions cansave up to 40% of their time which isconsumed in performing repetitivetasks by incorporating RPAtechniques. Processing time andsusceptibility to errors are alsoexpected to come down exponentially.

Holacracy : The centralized formsof organizations in which the flow ofinformation is more or lessunidirectional are experiencing agreat dip in the recent past. Thisdecline is believed to be on account ofthe lack of flexibility, andinformation. The new trend will be allabout the decentralization of power,and duties. Decentralization simplymeans those at the top of theorganization are not responsible formaking each decision. Roles areequally distributed among thevarious people at different levels inthe organization.

Duties will be performed moreefficiently if they are performed bysomeone who truly knows how toexecute them. The crux is to shift

from the "Top-down approach" to a more balanced "bottom-up approach".

Continuous performance evaluation : As per a recent report, only 8% of thecompanies were satisfied with their performance evaluation reports. Thisindicates the need for an efficient evaluation tool. Performance evaluation at theyear-end seems to be an obsolete practice. It is no longer relevant given the pace atwhich the environment is changing. Performance-oriented organizations havestarted to observe the performance of their employees on the roll. Continuousevaluation aids in talent retention, providing training, and technical support tothose who are lagging.

The problem is how to implement a continuous performance evaluation system?That too is not a big problem, the software companies have started to provide CPM(Continuous Performance Management) tools. These CPM tools precisely work outthe need for mentoring, receiving feedback, holistic reviews, plans aimed at thedevelopment of skills, and appraisal programs.

Managing remote workforce : Have you ever spared a thought on the fact thathow companies like Amazon and Google are dealing with their workforce which isscattered in all parts of the world? This is the example of remote workforcemanagement. With Globalization at its peak, organizations are having employeesin their workforce that are working from their place around the world. One canexpect this phenomenon to be a crucial one in the coming years. It can be quitetricky at times to organize them as you cannot gather them at a place and briefthem.

Talent hunting and shift towards a result-oriented methodology of operationhave given rise to this solution. Automation is by far the best solution to tackle thissituation. To manage the workforce, organizations will look to implement Remoteteam management software, in addition to the establishment of virtual offices.

The shift towards the gig economy : According to a survey by Intuit, by 2020around 40% of the workforce in America will make a move towards the individualcontractors. This trend is more than just an indication that the workforce hasalready started to shift from permanent contracts towards relatively short-termcontracts. People are lured towards working as freelancers. The fact that the gigeconomy extends greater flexibility regarding working hours. 9-5 working patternis no more considered convenient. Moreover, in Gig economy workers are theirbosses, they are not subordinate to someone's wishes to an extent.

HR outsourcing : Prism HR has confirmed in its report for the year, 2019 thatHR outsourcing will be a significant feature in 2020. It is expected that in this ageof shrinking nature of organizations, HR outsourcing will become a salient featureof the organizations. It will save the organization's Money and will account forlower legal risks. The workforce will be able to focus on core business processes.Regulatory compliance won't be a problematic thing anymore. It will bring synergyto them.

Rise of the millennials : Despite the constant criticism they have to face, ifyou go by looking under the skin you will find out that millennials are true changeinitiators. They are responsible for taking the organizations from the old schoolthinking to the redefined ways. Millennials are technology geeks who are alwaysdedicated to innovation.

It is expected that millennials will direct the flow of fresh ideas, and newworkflows into the organization. They want flexible working conditions in whichthey can mould themselves easily.

HR and Chatbots : Communication is the spine of human resourcemanagement, and Chatbots are all about efficient communication. Chatbots is atechnology that incorporates artificial intelligence to provide a platform forcommunication. Chatbots are bots or robots which interact with the users.Engaging with Chatbots gives a sense of comfort that there's not a human on theother end with whom you are talking.

Benefits that Chatbots will bring to the organizationsPrompt response - there won't be any delay in the retrieval or transfer ofinformation to the intended users. Since Chatbots are made for this purpose youcan expect it to perform it's functioning efficiently.Chatbots are available at all times, they can work tirelessly unlike humans.Humans have their limitations in terms of working time. Moreover, theturnaround time in the case of Chatbots is comparatively lower in the case ofChatbots.

Chatbots are expected to bring relay of feedback to the organization as peopleare more comfortable in lodging their complaints or queries with a bottle than ahuman. BM



Smitha SwamyHead HR & IR Festo India, Bengaluru

Every decade or so, we fluctuate back and forth fromthe paradigm of the independent contributor/

specialist to the generalist practitioner. We were in a'generalist' mode and now I think the pendulum may

be swinging back toward the specialist.

Shifting from generalist to specialist mode

How do you see the HR function in 2020? Is it going to be asusual or some critical challenges will be there to address?

SS The HR function is moving from more transaction to a valuebased/strategic role. The leaner version of HR that remains will needto reposition itself as a strategic partner within the business. In fact,the trend toward smaller, more strategy - focused HR departments waspredicted few years ago. The key roles include the ability to makeaccurate projections based on understanding the goals of the businessand using metrics that describe more than lagging indicators, such ashow long it takes to fill a job or the per-employee training spends."

The role which will be required in the business will be replaced withspecialist rather than the generalist. Every decade or so we fluctuateback and forth from the paradigm of the independentcontributor/specialist to the generalist practitioner. We were in a'generalist' mode and now I think the pendulum may be swinging backtoward the specialist.

HR professionals should get ahead of the curve, realize that many ofthe today's "best practices" evolved under very different businessconditions, and now becoming obsolete. We are in the era of "ArtificialIntelligence and automation" where the human brains are taken overby the machines and algorithms, the routine processes can beautomated which means, it does not require human interference. HRprofessional needs to wear the hats of a business head and partnerwith the business. I see this as one of the critical challenge which webe will facing as HR professionals. HR professionals need to learneverything about their industry, competitors, and pending legislationthat affect the business operations. Most of all define themselves as abusinessperson and act accordingly."

The other major challenge which HR professional will face is aboutdealing with current generation. Generations Y and Z are now at thegates of power in companies. These so-called "Millennials"generations have for the most part never known a world withoutdigital technology and impose their differences at the same timetechnological, economic and societal. The figures are clear; by 2025they will represent more than 75% of the assets and will naturallyimpose their codes on the most conservative companies.

Another important fact is that these generations are aware of thedifficulties of the labour market and no longer consider theirprofessional careers as previous generations did. Having a career inthe same organization has become very difficult for these generations

to imagine. In a very volatilelabour market, they want tobe quickly empowered,challenged but above allneed to share their valuesand the vision they have ofthe company blurring theline between private andprofessional life.

In reality, they aredemanding flexibility inworking arrangements andworking hours and fulltransparency ofremuneration systems for afully liberalized model.

For companies, changes canbe abrupt and the responsemay not always beappropriate…at least for thetime being.

To stay relevant and be incenter of business, how HRshould move further incoming years to stay ahead?

SS If you look from last onedecade the evolution andadvancement of technologyhas steamrolled theconventional way of doingthings in most aspects ofour professional lives.Today, smart phones,watches, voice-activatedspeakers, andprogrammable thermostats,and even cars and cities,everything is connected. Itis not surprising that

SHIFTING FROM GENERALIST TO SPECIALIST MODE


transformation has touched the workplace more rapidlythan we thought, as well.

Undoubtedly, automation, digitization, cloud, big data arethe buzzwords that were heard in the world of businessin the last decade. Rapid changes and advances intechnology were accompanied by disruptions in the jobmarket with a demand for new future-ready skills comingto the fore. This, in turn, has led to a significant shake-upin the role of human resources (HR), with HR evolvingfrom Admin roles to Strategic roles.

If digitization was the trend of the last decade, thenartificial intelligence (AI) and machine learning (ML)will be the cornerstone of HR in the next decade. Thiswill bring about rapid changes in the skills required, andthe next decade will see acceleration in the speed ofchange. While the digitization of HR functions willcontinue to hold an essential place in HR strategies in thecoming decade, the spread and scale of digitization willincrease tremendously to ensure that the organizationstays relevant in the coming decade.

The first point of contact, that is, recruitment has itselfundergone a sea of change. From the use of the internetfor posting job openings and connecting with jobseekersto online tracking and short-listing of applicants, we aretoday using AI and ML in not just recruitment, but theentire HR process too. In the next decade, AI will allowrepetitive and administrative tasks to be automated;freeing human talent for more advanced work thatfocuses on improving the organization's processes anddeveloping the employees to ensure that the vision of theorganization is fulfilled.

The decade ahead will also see data enabling andempowering the HR function. The application ofanalyzed data will bring agility to the function throughinsights that would otherwise not be perceived by humantalent. In fact, AI-powered analysis of data will ensureconsistency and objectivity untouched by human bias.

Another core area of HR where AI will bring change is inthe aspect of employee engagement by enablingprocesses such as real-time feedback and analysis,intelligent surveys, personalized messaging andcommunication, and objective evaluation andassessment for a rewards and recognition program. Thiswill, in turn, promote retention of talent with a positiveimpact on organizational performance and stakeholdervalue.

With the need to ensure that all employees are future-ready, it is learning and development that will play anessential role in the coming decade. Here too, it is AI thatwill play a crucial role in recognizing skill gaps,targeting delivery, and improving learning outcomes. E-learning, personalized paths to skill acquisition willallow an organization to stay ahead of the game.

The next decade will be full of challenges for allfunctions and for HR it will be to ensure the right peopleare in the right places and the right time. That's probablythe only way to ensure that the organisation gets fit tocompete. It is up to each of us to embrace technology sothat HR as a function will play a more strategic role inbusiness growth. Ultimately, success will be determinedby how well organizations can adapt and adopt newtechnologies and drive employees to do the same.

What is critical to transforming a work culturecompatible to future requirements?

SS Recent years have seen an exceptional awareness andprioritization of workplace culture by both employersand employees. Culture is a company's "personality",

including the behavioral expectations, practices, andother norms that influence how people interact bothinternally and on its behalf.

At the same time, workplace culture is being influencedby disparate factors in significant ways. Demographicshifts, diversity and inclusion initiatives, talentshortages, automation, evolving technology, and anonslaught of data are converging to create bothimmediate and long-term changes.

Teams will be more diverse and inclusive than ever

As a shortage of knowledge workers forcesorganizations to cast a wider net for talent, tapping newregions or underutilized demographic segments,cultures will need to focus on inclusion to createharmonious, productive work environments. Teamsmay be more far-flung, have different backgrounds, andhave varied communication preferences. Tech solutionswill play a role in this culture shift, facilitatingcollaboration across time zones, providingaccommodations for people with disabilities, and evenhelping managers conquer their own biases.

The trust factor will be trickier

As artificial intelligence (AI) and machine learning(ML) permeate virtually every area of work, employerswill have access to a great deal more data aboutemployees, productivity, and work patterns. Thistransparency will allow employers to find ways toimprove productivity, such as providing training inareas where employees seem to be struggling. However,such data will also lead to new concerns about privacyand trust.

Workers will always be upskilling

As technology automates more rote tasks and changesthe jobs that need to be done by humans, it also createsanxiety about being "left behind. Workers andemployers will need to partner to create lifelonglearning pathways to keep pace with technology andother workplace developments.

Technology has invented flexi hours working. Ifanyone can work from anywhere at any time, thenhow HR is going to address the challenge of work lifebalance?

SS Flexi working hours, work from home, multi-locationteams on a single project often in different time zonesand holiday calendars, have moved from the realm ofexception to norm. Collaboration in a such a scenariodoes offers challenges in several dimensions includingintegrating functioning teams for short and longdurations, security of data and IP, ensuring delivery ontime, and also ensuring work life balance of such teams.

As technology is the base enabler of such a development,adoption and integration of the tools of such into HRsystems in the only way to address the above. Whiletechnology will support in solve most of such issues,work life balance would remain a human issue,compounded by such developments, both towards thebetter and worse side impacts of it. Having said that, theworkforce seems to be actively welcoming and embracingthe same, where they, especially the younger generationsdoes not seem to mind the blurring of boarders of workand life.

The challenge of HR would be to ensure that teams,benefits from the above, without challenging life sideneeds of anyone. Again, this calls for deeperunderstanding and involvement in the business as astrategic partner to operating teams. BM



Dr. Aparna SharmaBoard Member,Thought Leader, Best Selling Author

& Motivational Speaker, Mumbai

The expectations were high, but the results are belowexpectations. Time for us in HR is to go back to the

drawing board, and to get a lot closer to the variousclient groups. What are the burning needs andconcerns, and how can we contribute today?

Moving towards a more holistic approach

Once again, it's time to watch out for emerging HR trends in2020. Based on a recent study, more than 47% of interviewedexecutives believe that by 2020, technology will have animpact on more than half of their sales as well as the futureworkplace trends.

Organizations will focus on embracing HR technology to theiradvantage, strengthening workforce capabilities, ensuring datasecurity, improving candidate and employee experiences, and more.

Keep an eye out for -

1. Holistic HRHR will be moving to a more holistic approach wherein -

a) Using advanced technologies and being human centric.

b) Adding value to all stakeholders, not only management.

c) Combining intuition and thorough analytics.

d) Internal and external focus.

e) Strategic and operational.

f) Short-term and long-term.

g) Action-oriented and reflective (fast and slow).

2. Less focus on process improvementIn different HR conferences I have listened to many presentations by

various HR leaders. Generally, the focus is very much on processimprovement. Old processes are redesigned, and new tools areintroduced. On the surface it looks modern and state-of-the-art, but ifyou look under the hood, the real changes are minor. The solutions andprograms are still very much organisational focused (we wantsomething, how do we get our employees to get along). Real employee-centric solutions are scarce.

In the meantime, candidates, employees and managers do not see theclear benefits of the HR-initiatives. The processes are too complex, andtoo standardised. Although we have been talking about theconsumerisation of HR for years, the user experience at home is oftenbetter than at work.

The expectations were high,but the results are belowexpectations. Time for us in HR isto go back to the drawing board,and to get a lot closer to thevarious client groups. What arethe burning needs and concerns,and how can we contribute today?

3. Be Kind!A couple of weeks ago I talked

to the Head of HR of an FMCGmajor in India. "Let's be kind toeach other" is a very explicitphilosophy in that company, andHR is an important guardian anddriver of the kindness value.Some simple measures wereimplemented, that reflectkindness, like a day off foremployees on their birthday, anice welcome package includingcompany T-shirts for your familyand high-quality headshots youcan use on LinkedIn andelsewhere. If you are ill, you get a"Get Well Soon" basket.

My knowledge of the"kindness" movement is limited,but if you Google kindness awhole new world opens (forexample the concept RAK,Random Acts of Kindness).

Kindness is in the air, and it iscertainly a promising HR trendfor 2020.

Warning : people can doubt


MOVING TOWARDS A MORE HOLISTIC APPROACH

your sincerity when you are kind.I had put an old (but good)television on an onlinemarketplace, for INR 5000. It hadbeen there for two weeks withoutany reaction. I wanted to get ridof it, as it was blocking ourhallway. Finally, a potential buyerreacted, and he asked : what isyour minimum prize? I answered: you can collect it for free. Hisanswer : Why for free? Issomething wrong with it? I wantto give it to my mother. Myanswer : it is a good set, and ofcourse you are happy to give mesome money. His reaction : ok,thanks. Would you accept INR3000? Kindness pays.

4. More appreciationof complexity

In one of the managementmagazines, I read an interviewwith the new CEO of one of thecompanies I worked for. Ofcourse, he had to make manychanges as his predecessors couldhave done better. HR was not verygood, as only 70% of thesuccessors for key positions camefrom inside. He mentioned twoimportant people KPI's : thepercentage of internal successors(target 90%) and voluntaryturnover (target 10%). I couldimagine him giving instructionsto the CHRO, who immediatelystarted to revamp the talentidentification- and developmentprocess.

Although it sometimes helpsto simplify, it can also help toappreciate the complexity oforganisations and of humanbehaviour. Why are internal

successors better than external? Is there evidence to prove this? It mightbe better for some disciplines (technical areas, complex markers), butnot so good for other areas (HR, IT, digital business, top leadership). Thesame is for voluntary turnover. Why the urge to keep people as long aspossible? If you work based on evidence, you get a better feel for thecomplexity of the organisational systems. HR interventions can be veryfocused and tailored. High level crude KPI's do not make sense, you needmore granular measurement.

5. Adaptive systemsWhen I booked my flight with Singapore Airlines, I am asked

through which channel I want to receive messages from SingaporeAirlines - e-mail, Twitter or WhatsApp. When I made my choice once,they remember my choice for the next time. Super simple and not veryadvanced. In many organisations even these kinds of choices cannot bemade, let alone that a clever system tries to get to know the user, andadapt its behaviour to the user.

Last week, I was discussing pulse surveys in an organisation. Theyconsidered the non-response rate still high (around 30%). Their surveyprocess was not very adaptive. All employees with an e-mail addressreceived the link to the survey every month.

You could make some adaptations, for example stop sending theinvite to people who did not react two or three times or decrease thefrequency. The content of the survey can also be easily adapteddepending on the response (Are you happy? Yes! Thx. Are you happy :No! Ok, what are the specific issues you are not happy about? Thx, youmention your boss. What could he/she do better?). Technology is not theissue, and there are solutions on the market that apply adaptive surveytechnologies.

There are many opportunities to make your systems more adaptive in2020. You do not have to start very sophisticated.

Here are some ideas :Ask (or infer) if applicants want a fast or a slower recruitmentprocess. Not everybody wants to go full speed. If you do this well, youwill need less capacity in your recruitment team.Measure how happy the participants (both managers and employees)are with the different aspects of the performance review process.The feedback will allow you to offer different variants, which can bematched with the users (for example on the dimension support,offering support from low to high). If your organisation is not sorigid, you could also improve the matches between employees andmanagers/coaches (managers/coaches with low ratings get lesspeople, very directive managers/coaches get employees who benefitfrom a directive approach).


MOVING TOWARDS A MORE HOLISTIC APPROACH

6. From people analytics to analytics for the people

A lack of trust can influence many workforce analytics efforts. If thefocus is primarily on efficiency and control, employees will doubt ifthere are any benefits for them.

Overall there is a shift to more employee-centric organizations,although sometimes you can doubt how genuine the efforts are toimprove the employee experience.

Asking the question "How will the employees benefit from thiseffort?" is a good starting point for most people analytics projects. It alsohelps to create buy-in.

Just by measuring the "mood" of employees and other key peopleindicators (productivity, tenure) does not necessarily bring benefits toemployees. It might actually backfire : employees feel that they arecontrolled, and their voice is not heard.

7. Learning in the flow of workIt makes a difference if an employee must search actively for a

learning module that he or she needs, or if that the micro-learningmodule is offered at an appropriate moment in the workflow, based onreal time observations of the behaviour of the employee. If there is ameeting with company X in your diary, your personal learning aidmight ask "Do you want to learn more about company X?" If you arestuck in designing a difficult Excel macro, the Excel chatbot asks you:"Can I help you to design the macro?"

If you have a meeting scheduled with an employee with a lowperformance rating (the computer gets this information in the HRIS),you are offered a short module "how to deal with under-performingemployees". During you online sales call, you receive suggestions inyour screen on how to improve the conversation ("Ask some questions","Try to close"), and afterwards your conversation is compared with best-in-class examples, resulting in some learning points.

The solutions become even better if your individual learning styleand the level of your capabilities are considered.

8. A tougher approach to diversity and equal opportunities

In many countries, the differences between men and women in theworkplace are still big. Same is for the differences between white peopleand people of colour. The differences are getting smaller, but very slow.

2020 will be a good year for more aggressive and impactful actions. Asoft approach does not seem to work. Some organisations have takenbrave measures, and more will follow.

Establishing quota for women in senior positions always causesheated discussions, but the "pro quota" group seems to grow.

Hope for a real breakthrough in 2020 with respect to this.

9. Inclusive leadershipThe expectations employees and other stakeholders have of

leadership, are often too high. Often you hear : "Change has to start atthe top", and "Leaders have to lead by example". These types ofstatements can be paralyzing. If employees are waiting for instructionsfrom the top and get demoralised if their leaders are not perfect humanbeings, organisations will be in a bad shape. Transforming leadershipinto more inclusive leadership can be beneficial to organisations.

Inclusive leadership has been focused on the traits of the inclusiveleader. It is also about the traits of the organisation and the approach toleadership development. I still see many leadership developmentcurricula that are built up very traditionally : an exclusive program forthe top, a program for middle managers and the flagship program forhigh potentials. Set-ups like this do not reinforce inclusive leadership.Time is for HR to initiate new approaches.

10. ProductivityIn the last years, there has not

been a lot of focus onproductivity. We see a slowchange at the horizon.

Traditionally, capacityproblems have been solved byrecruiting new people. This hasled to several problems. I haveseen this several times in fastgrowing scale-ups.

As growth is limited by theability the find new people, theselection criteria are (oftenunconsciously) lowered, as manypeople are needed fast. These newpeople are not as productive asthe existing crew. Because youhave more people, you need moremanagers. Low quality peopleand more managers lowerproductivity.

Another approach is, to focusmore on increasing theproductivity of the existingemployees, instead of hiringadditional staff, and onimproving the selection criteria.

Using people analytics, youcan try to find the characteristicsof top performing people andteams, and the conditions thatfacilitate top performance.

These findings can be used toincrease productivity and toselect candidates that have thecharacteristics of topperformers. When productivityincreases, you need less people todeliver the same results.

Of course, the long-term megatrends do not change every year.Top trend areas are :

From a collective to apersonalised approach.From technology as 'nice tohave' to technology as majortransformational driver.From slow to fast to faster.From prejudice and biases toevidence-based working, basedon solid analytics.From rigid hierarchicalorganisations to open,transparent network typeorganisations.From big long-term plans toexperimenting using agilemethodologies.From pleasing the boss tocreating a meaningfulemployee experience.The increasing importance of efficiency in HR operations. BM



Vikas SharmaGroup HR Head, Luxor Writing Instruments Pvt. Ltd., Noida (UP)

Year 2020 will be challenging as working environment is rapidlychanging and the main reason being change in business

approach and competitive edge. The main challenge is to retainthe "Performers" and work with the workforce on their weakness

and mould them into Performers.

Focus should be on moulding weak into performers


VS All the functions of organization are in phase of transfigurationand HR function is the one domain which is evolving expeditiously.

Year 2020 will be challenging as working environment is rapidlychanging and the main reason being change in business approachand competitive edge. The organizations know the value ofcompetent employees and what a happy, satisfied and engagedworkforce can deliver. So the main challenge is to retain the"Performers" and work with the workforce on their weakness andmould them into Performers.

In year 2020 we will also be seeing shrinkage in size of HR teams asmost of the HR services will be outsourced. There are agencies inmarket, which are expert in their domains such as Training &Development, Employee Engagement, Recruitment, Legalcompliance, etc. So the core role of organization's HR will now bestrictly strategic. There will be smaller HR teams and the teamswill be indulged in Talent Management, Strategy devising,Decision making and Process improvements. We all are aware thatmost of the organizations are imbibing lean management in theirworking culture because of its advantages in this fast movingbusiness environment. The main concept of lean management iscontinuous improvement and eliminating low efficiency process.So in the coming years we will see smaller teams working on coreprocess and improvements.

To stay relevant and be in center of business, how HR shouldmove further in coming years to stay ahead?

VS "Data driven decisions". For me, data is the most valuable assetavailable, I consider it more valuable than oil.

If you have data, you can easily make decisions even on the mostcomplex problems and devise new strategies to move rapidly inthis fast moving business environment. Data can help you inmaking decision related to consumer need and where we lackingbehind and what are is the trend.

HR should take decisions and make strategies derived from the

information extracted fromdata bank only. It is the needof the hour to be relevant inyour decision makingprocess. Gone are the dayswhen decisions were takenas experiments. In this ageyou have to be concise andon point while makingdecisions. Organizations arespending heavily to stuff uptheir data bank.

The best thing about datadriven decision is it speaksfor itself. You do not have tomake any assumption. It canbe easily concluded fromdata what is wrong, whatneeds to be done to meetbusiness demand, and whatprocess can significantlyimprove the problem area.

We all have seen how data ofemployee engagementsurveys has contributed inhighlighting the problemareas in organizations andonce you know the problemarea it can be rectifiedquickly. Case studies havealso contributedsignificantly in recordingthe problems and how theywere overcame.

We all know that the mostimportant component ofany successful business ismaking the right decision.To make the right decision


FOCUS SHOULD BE ON MOULDING WEAK INTO PERFORMERS

you got to have properknowledge about it and itcomes from information andinformation comes fromdata. So, to be relevant andbe in center of business, youhave to make data drivendecisions.

What is critical totransforming a work culturecompatible to futurerequirements?

VS To create a futurecompatible work culture wemust work on Inclusion. Thefirst and foremost thing, weneed to do, is to establishand manage talentecosystem and creatingtalent pools with multiplegenerations. As of now GenX holds the major portion ofworkforce, after that comesbaby boomers as they are inthe phase of retirement andthen comes the Millennial.Currently they hold theleast percentage in workforce but in near future theywill be the largest part ofwork force.

The key to meet futurebusiness requirements is tocreate team with diversity ofgenerations. We had workedenough on gender ratio andwe must be very proud thatthe gender ratio hasimproved significantly. Wehave to create diversifiedteam with different agegroup so that members can

learn from each other and implement the learning in his/herwork. We have to extract the best from each generation, record itand see how to get the most of it.

The next step is to imbibe a culture of lean management and theKRA of a person should be solving problems related his/herdomain. Implementing process, that will increase efficiency andsave time & money.

Technology has invented flexi hours working. If anyone canwork from anywhere at any time, then how HR is going toaddress the challenge of work life balance?

VS In today's time it is very difficult to 'switch off' and really rest. Dueto smart phones, Internet and remote working technology, even onholiday people don't rest. People are expected to be available at alltimes, even when they are outside work.

With flexible working hours coming into the picture, people aremaking most it as they are finding more time to spend with theirfamily members and many are even embracing daily fitnessregime. If an employee has the ability to work remotely from

home, they save time on commute as well. Reduced stress andincreased employee well-being are out-comes of the work-lifebalance, which can be achieved while working from home asemployees are more relaxed. Employee can maintain a perfectwork life balance as they are saving a lot of time.

The basic fundamental of work life balance is giving equal time towork, recreation and rest. i.e. 8 hours for work, 8 hours forrecreation/family time and 8 hours of sleep. But while we work,we spend a lot of time in commuting and lose our valuable timefrom the other two aspects as the first aspect - 8 hours of workcannot be compromised. By giving employee freedom of workingfrom anywhere the employees save a lot time and also doesn'treach fatigue state then he/she can focus on their personal life andhave some leisure time with their beloved ones. BM

In today's time it is very difficult to 'switch off' and really rest. Due tosmart phones, Internet and remote working technology, even on

holiday people don't rest. People are expected to be available atall times, even when they are outside work.


Subir SinhaHuman Resource Consultant, Subir Sinha HR

& Corporate Advisory, Ghaziabad

HR has to foster and facilitate an environmentconducive to develop a culture in the organization; it

has to live and drive the vision & values of theorganization. Participative, Empathetic and Humane

HR is the call of the day.

HR has to be more humane


SS First of all the HR function has to be more humane in 2020. Withthe advent of Technology the personal connect with key stakeholders are diminishing and HR needs to find ways and means toreach out to employees and stay connected. HR personnel have alsoto be more kind and emphatic to employees.

HR has to now come out of silos of Talent Acquisition, TalentEngagement and Talent Development etc. and reach out to its stakeholders as one HR which is available in the organization to enablepeople to succeed in the jobs help business flourish.

HR in 2020 has to be more Technology driven. Adopt HRTechnology and enable employees to use it. HR Tech should notremain a HR Managers tick in the box but should be employeefriendly and easily accessible and used by employees and all stakeholders. HR should be Tech Savy and Humane with a focus onimplementation.

2020 is ushering into an era of Agile HR which implies that HRsupports the organization in becoming more responsive andadaptive to the changing needs of its stake holders.

HR to focus on Employer branding HR in 2020 has to workconsciously on Employer Branding to attract right talent andcreate Employee Value Preposition to join the organization. Workon creating enhanced employee experience as ONE HR.

Data Driven HR : HR has to use data in all spheres of its functionto predict metrics which we monitor as attrition, engagement andall facets of employee behavior. Use Artificial Intelligence (AI)combined with Machine Learning (ML) to generate leadindicators.

To stay relevant and be in center of business, how HR shouldmove further in coming years to stay ahead?

SS HR should be Agile and get deeper in understanding the Business

and create enablers to helpBusiness grow andemployees give in their bestto the organization. How tohelp people work better inwhatever they are doing andhelp them with cues andtips/training on the go to dotheir jobs better.

HR should focus onautomation of basic HRfunction so that employeesget more time to spend onproductive work rather thanroutine hygiene jobs theyhave to do.

With the advent of GigEconomy/Workers therewill be a tendency of HighPerformers to move outfrom the classical nine tofive jobs and be on theirown. The challenge for HRwill be to bind and engagewith these people and retainthem in the organization.HR will have to focus on oneon One (OOO) strategies forits key resources unlike onesize fits all.

HR as a facilitator will haveto focus and keep reiteratingthe Vison and Values of theCompany, focus onLeadership Development,


Diversity and Inclusion,creating a talent pool useavailable HR Technologyand tools in the market toease the functioning andgrowth of the business.

What is critical totransforming a work culturecompatible to futurerequirements?

SS Culture plays a very crucialrole in the development ofany organization; it is allabout the values and beliefsshared by people in theorganization. People have tocome together as a groupand follow a set and sharedculture on how they willwork together.

Any organization has a mixof multi-generationemployees includingmillennial; differentgenerations come with theirown set of values, beliefsand norms. Now here comesthe role of HR; HR has tochannelize all of themtogether in one beliefsystem so that the workcontinues with minimumconflict.

HR has to foster and facilitate an environment conducive todevelop a culture in the organization; it has to live and drive thevision & values of the organization. Participative, Empathetic andHumane HR is the call of the day. HR has to play the role of afriend, philosopher and guide in the organization.

HR has to foster an enabling and inclusive culture to harnessyoungsters coming to work from diverse background.

Technology has invented flexi hours working. If anyone canwork from anywhere at any time, then how HR is going toaddress the challenge of work life balance?

SS Flexi Hours Working is a great step taken by organizations to helpthem manage enhanced productivity and morale of employeesalong with employee quality of work life on one hand and managecosts on the other. HR has to adopt Technology to manage FlexiTime work of employees. The focus has to be on the output and thedesired end results which if employee is giving then HR should notcome in way. In today's tech world all productive hours of employeesworking from home, flexi hours etc are tracked and monitored. Ithas created a win - win for organizations and employees.

HR HAS TO BE MORE HUMANE

Any organization has a mix of multi-generation employees including millennial; different generations come with their own set of values, beliefs and norms.

Now here comes the role of HR; HR has to channelize all ofthem together in one belief system so that the work

continues with minimum conflict.

BM



Authority is helpful to suppress the enthusiasm of capable performers; oftenthey are publicly ridiculed thereby pushing them into silent obscurity. Authority

also helps form a strong informal set-up comprising gossips, rumours,manipulations, blame-games, biases and jealousies (communal and others),

inaction, procrastination; all of them killing productivity and team work causingpeople and relationships to crumble down.

Growing menaceof pumpkin heads

at workplaces

Dr. Prageetha G Raju, Associate Professor-Business Management, Symbiosis Law School, Hyderabad Centre

Dr. Rajanikanth M, Assistant Professor-Business Management, Symbiosis Law School, Hyderabad Centre

What do you call people who rose to managerialheights out of sheer past experience, or as areadily available replacement with superignorance about everything and are responsiblefor organizational failures? Can mere authority

help them deliver? Can organizations thrive under suchignorant pumpkin heads/managers? Pumpkin heads are idols ofinefficiency and are found in every type of organizationsincluding Institutes of Higher Learning. It is depressing to notethat the workforce gradually deteriorates into an ineffectual onecausing organizational breakdown with the onset of Pumpkinheads in organizations. What is the way out in such cases? In anera where the volume of businesses is expanding dramaticallyand competencies, knowledge, skills and abilities are ruling theworld, there is a parallel phenomenon which is devouring theindividual competencies thus leading to a premature decline ofthe organizational effectiveness. This is the phenomenoncharacterized by explosion of managers/leaders who have had aglorious past but at present waste time and resources of anorganization due to inadequate competence, and inflatedignorance coupled with uninspired performance; thesemanagers/leaders may be called 'Pumpkin heads'.

Pumpkin heads are an observable phenomenon but a vexingproblem in organizations. The ubiquity of pumpkin heads is itsinescapability in any human organization. Except for Peter'sprinciple, not much of business academics talks about pumpkinheads. Pumpkin heads are neither good nor bad, but are highlyunsuitable for a decision making position given theirordinariness from all perspectives, be it, value, or performanceor skill or ability. Their commitment is just ordinary, neveroutstanding and thoroughly uninspired. Their focus is just tocomplete the work with minimal quality and sometimesmiddling quality. Ordinary commitment, with respect topumpkin heads may involve interest or rigidity in select bestpractices and willingness to undertake a limited applicationwith just enough effort to ensure an occasionally positive result.The commitment is too modest. A pumpkin head is not goodand deep down inside and he/she understands it, therefore, theypush away potential threats and take credit for success that isnot theirs. However, the birth of a pumpkin head is always

enigmatic.Pumpkin heads are either imposed by organizationsor form as a result of poor internal decisions. It is imposed byorganizations in the form of bureaucracy, incompetentleadership, territoriality (using space to communicateownership), uncoordinated organization due to bounteousgrowth, or any other structural/socio-technical reason.Sometimes, they are a consequence of poor processes such asimproper assessment during recruitment and selection,insufficient performance audit, inappropriate skill training,limited internal replacement choices, and so on. Sometimes,pumpkin heads result from a particular context in relation toothers who are superior/inferior. Contextually, people rise topeaks of excellence or fall into abysmal incompetence. An ableperson in a particular trade/domain is rendered incompetentwhen he is promoted to a higher responsibility. If theorganization fails to see this, incompetence is imposed.Sometimes organizations deliberately settle for pumpkin headsbecause of the confidence associated with the organization'sbrand. Alternatively, pumpkin head may be a personality trait,lack of latitude on the job, or a seniority based promotion,which contributes to ineffective performance.

Pumpkin heads are found in all types of organizations andthey spend minimum effort to get by. They have a fewachievements to their credit and they bank on it for a life time.Usually, they lack job related competencies but areunquestionably articulate to catch the attention of decisionmakers and quickly climb up the promotion ladder to reach acommanding position. Sometimes, they are a result of nepotismor readily available replacement too. Management/Leadershipstyle of pumpkin heads often leads to more disciplinaryincidents, higher absenteeism, and higher tardiness amongstother employees. Pumpkin heads lack the enthusiasm, energy,or drive to enchant customers with quality service andattentiveness leading to higher error rate and loss of salesand future opportunities. Usually, pumpkin heads preventconstructive responses to critical challenges as well asprevent proactive self-assessment of an organization'sshortcoming and its ability to adapt. They create a workplacewhere employees either feel they "have to perform well" orelse they care only about meeting the minimal work

GROWING MENACE OF PUMPKIN HEADS AT WORKPLACES


References :1) Abbasi S & Hollman K (1989), "Incompetent Bosses: Are you one of them?" IM, Jan-Feb, Vol. 17 2) Fink R (2003), "NASA's bad decisions can be deadly", Florida Today 3) Burman, E & West J (2003), "What is Managerial Mediocrity? Definition, Prevalence, and Negative Impact (Part I)", Public Performance and Management Review, 27(2)4) Light P(1999), "Does Management Matter"? Government Executive 31(12) 5) Benveniste G (1977), "Bureaucracy", San Francisco, CA: Jossey-Bass6) Stajkovic AD., & Luthans F (1997), "A meta-analysis of the effects of organizational behavior on task performance", Academy of Management Journal, Vol. 40 pp. 1122-11497) Schneider, C E (1974), "Behavior Modification in Management: A Review and Critique", Academy of Management Journal, 17(3)8) Smith P Gregory (2012), "Managing Negative Employees and other energy suckers" https://www.chartcourse.com/wpcontent/uploads/2012/07/newNegative.pdf9) Daniels AC (1999), "Bringing out the best in people", New York, McGraw Hill10) Scott, W E Jr, & Podsakoff P M (1985), "Behavioral Principles in the practice of Management", New York, Wiley11) Lipman V (2017), "A Common Temptation for Management: Settling for Mediocrity",Forbes, https://www.forbes.com/sites/victorlipman/2017/10/08/a-common-management-temptation-settling-for-mediocrity/#17a604065062

requirement to maintain their job. In most cases, Pumpkinheads are terrified by people who do a good job; employeesaspiring to move up make them insecure. Employees who doshoddy work, and those who are perceived as incompetent,and gossip-mongers become the in-group for pumpkin headscausing the most talented employees running for exit.

Authority is helpful to suppress the enthusiasm of capableperformers; often they are publicly ridiculed thereby pushingthem into silent obscurity. Authority also helps form a stronginformal set-up comprising gossips, rumours, manipulations,blame-games, biases and jealousies (communal and others),inaction, procrastination; all of them killing productivity andteam work causing people and relationships to crumble down.Pumpkin Heads gradually get obsessed with power because onlythat helps them survive with ignorance. Thus, it manifests in theabove forms causing exit of good employees and death ofcreativity, performance, and initiative. Tales carriers, gossipmongers, impression managers, loose talkers, manipulators, andbozos (jokers) begin to rule. Another consequence of pumpkinheads is that a company ends up with large number of ineptemployees, owing to a chain of ineffective and unproductiverecruitments. This phenomenon is caused when an organizationhires a pumpkin head, who in turn hires many more pumpkinheads who then hire incompetent workers. In accordance withthe similar-to-me effect, it is a generally agreed notion that, highperformers hire high performers while low performers hiresimilar or much lesser-abled employees. The reason behind suchstrings of low level recruitments can be attributed to the factthat it safeguards and upholds a sense of superiority amongstthe pumpkin heads, thus eliminating their chances ofendangerment from high performing peers and subordinates.

The following situations indicate the onset of pumpkin headexplosion in any organization :1. Absolute lack of knowledge on contemporary happenings,

current affairs, or relevant matters leading to high levelignorance. Pumpkin heads give instructions with high levelignorance camouflaged as super confidence leading to deadlysilence from passionate performers. Gradually, highperformers quit the organization.

2. Weekly/Monthly meetings get boring on account of lack ofagenda besides being unfocussed and time-consuming. Asign of relief can be observed on the faces of the co-workersas they rush out of the room to get back to real jobs. Thesemeetings only give a feel that the organization isstrategizing. This is a true case of taking minutes andwasting hours.

3. A Pumpkin head takes a visitor to cafeteria first which islocated in a remote corner and then lectures on the indoorplants located outside the cafeteria.

4. In academics, a professor turned principal director haspublished in a notable indexed journal some 6 years back andevery time he/she engages in any academic discussion,he/she cites the same publication as though it is a recent one.

5. Pumpkin heads are mostly eligible but not suitable. Forinstance, would a senior vice-president from Microsoft witha PhD in computer science be an ideal employee for a start-up? Also, would a PhD in a particular subject with zeroresearch exposure and shallow knowledge on subject depth,and inadequate technical and conceptual skills, be an idealdirector/principal for a university college? Not necessarily.

6. The HR department calls for any degree or an MBA for any

position irrespective of the functional area; also asks for 5-10years of work experience in an industry that is only fouryears old.

7. The success of a competitor upsets pumpkin heads morethan the loss of a customer.

8. Pumpkin heads are seldom aware about the company'sphilosophy.

9. Pumpkin heads cannot adapt to emerging technologies orwork processes/methods, thus, insist employees to work onage-old models/methods.

10. Hours of unproductive informal talks with fellow colleagues.11. More than three people had to be consulted to spend less than

$ 10 million in a bank.12. Recruitment standards drastically coming down; below

average candidates being hired.

Is there a method to curtail this problem? The symptoms ofinefficiency and the associated maladies can be curtailedthrough a thorough behaviour modification programme whichprovides a clear structure and consequence to employeesencouraging them to change in an observable and a structuredtime frame. Behaviour modification programme doesn't managethe individual but creates an environment that reinforcesdesired behaviour and strongly de-emphasizes punishment.Pumpkin styles should be allowed to extinguish through thewithholding of reinforcement. The implementation ofbehaviour modification should typically be preceded by aperformance audit because performance audit identifiesunforeseen discrepancies. Is behaviour modification adequate toproduce desired outcome? Can desired outcomes and contingentconsequences be clearly defined in IT jobs, and AI jobs? In suchcases, having contingent consequences attached to desiredbehaviour and/or outcomes should be an agreement betweenemployee and employer. Out of this agreement, results mayfollow. However, at what cost? Would it build hope, confidence,and optimism or would it create resentment, tiredness, andentrapment? What if, attaching only contingent consequencesmight lead to pumpkin heads explosion? If they do not have bestunderstanding about self, can they apply their best self at work?At this juncture money, feedback, and social recognition act asreinforcing factors. When feedback is combined with money, itincreases performance as it helps discover self. The socialmechanism is the method through which the contingentconsequence (social recognition) is applied. For instance, awrite-up about the employee in the company's newsletter is asocial recognition. In a nutshell, four steps can be followed tomodify pumpkin behaviours in organizations.

1. Identify the target behaviour.2. Perform Antecedent Behaviour Consequence.3. Arrange Antecedents by removing obstacles, provide

opportunities, and provide supportive and appropriatelyscheduled consequences.

4. Evaluate results.In step 3, to remove obstacles, unrealistic plan, schedules,

and deadlines, contradictory rules, conflicting orders andpriorities, and associated distractions may be eliminated.Clear instructions, constructive suggestions, easy-to-useforms may be relied upon. Thorough emphasis on training,recruitment methods, performance assessment, review andaudit, compensation are essentials to have decent results,however, to evaluate results, a measurement tool is needed tocompare pre-intervention with post intervention data. BM


When we listen someone saying that there is always growth inchanges or change is the only constant thing, everythingchanges so why when there is change we feel pressure insteadof growth? We think we change with time, but we don't. It is oursurroundings that changes and the environment we live in, we

are just merely adapting to the change without acknowledging it. We just act towhatever is expected from us we don't feel in harmony or in sync with in, weresist the change inside.

Growth comes in to existence when we try to understand the change on itsroot level instead of just pretending that we are changed. In the situationwhere we have to change, what we don't realise is that it is our covertpersonality that is showing it but core is still same because we are not ready tolet go of our old self who felt safe and secure in their old ways. We don'tinternalize the change and that's why we have tiredness, irritation andfrustration during the period of transition. When we go through changes ortransition we don't see what is happening inside us. We say we are tired.Changes are exhausting or we want things to go back to how they were likewhen we say I wish I was a kid again but it is not that we want to be kid. It isabout that comfort zone we had back then but the safety we felt and the love wehad during that phase.

Changes feel exhausting because when our inside and outside environmentis not in sync, there is a friction. For example, a person getting a new job andalways feel tired. Now outside because of environment and surroundings hehas to adapt and get a job but inside this person is still not ready to takeresponsibility as an adult. This person will always feel stressed, annoyed andtired but as we don't dig deep and consider these things as normal, we willnever realise the real issues behind the scene or in some cases we see personwho is rejecting everything in his life. Now on surface this person mightappear as negative or stubborn but inside that person might have self esteemissue where he/she might feel scared to try anything new or the fear of failureetc. but core is fear but on surface for this, we will see resistance.

We don't realise that everything have its root even the resistance we havebut we are too scared and unaware to even go to the root. When a tree isunhealthy or gets something bad we can't fix it just by working on the trunk orleaves or fruits. They are just symptoms not the cause itself. It is the root weneed to heal. When there is change in our life, we just feel the pressure ofchange and what we miss to realize is that when it is our life, then why it is apressure. Situation comes and it is over then why we live in the pressure ofchange. Why can't we just sync ourselves with changes instead of rejectingthem. Whenever, there is a change or shift in your life, sit down and calmyourself first and then focus on the change that what kind of change it is andmake mental notes about the change. Second, when you have understood thechange, shift just focus how you feel about it and then take deep breaths whenyou have felt all the tension inside slightly going down. Third, focus on the corethat is it fears past belief system or some other factor that is making thischange, so tough on you?

Now, last just find ways to deal withthe core. For example, If you have issueat new job and you feel that new job ornew city is giving you tension so insteadof fretting over it, just make the list of allthe changes going in your life at that timeand how these changes are affecting you.When you do that you will feel startseeing some pros and cons of this changeand shift because there is always twosides of everything and we just fail to seeit. When you are done with it, take out theemotion you were feeling to begin withthe help of deep breathing. After that asyou calm down a bit, just focus on theidea that why the cons are cons to youand why these pros are so important toyou.

If your pros and cons list says thedecision is not worthy of you to stick toit, just focus why you are not leaving it. Ifit is worthy to stick to it, think why youfeel so much pressure? Is it because, youmiss your city? If you miss your city,what exactly you miss there? Or it isbecause you are scared to be alone oryour own?

When you ask this series of questionsto yourself, you will realize that your coreis not in sync with your outside and asyou understand the main reason, try towork on it instead of fixing the otherthings around you or taking it out onothers around you.

When changes come in your life, don'tjust adapt. Change with it. Be aware ofwhat is happening, don't just pretend tobe changed. Feel the change too.

Changes are always there to serve apurpose. Understand the purpose andchange will be smooth. Sync your insidewith it and remove the friction and stillfeel that it is not right or too muchconsult a counsellor. As they won't tellyou anything new they will just help youto see old as with new perspective.

Kamya Kukreti

Counselor, metaphor therapist and Hypnotherapy practitioner, Jaipur

Do we really ACCEPTthe CHANGE?

When changes come in your life, don't just adapt. Change withit. Be aware of what is happening, don't just pretend to bechanged. Feel the change too. Changes are always there toserve a purpose.

BM

AbandonmentAdjudicationAppropriate GovernmentAwardBack WagesBOCW ActClosureConciliation ProceedingsContinuous ServiceContract LabourCourt JurisdictionCourt PowersDaily WagerDemonstrationDisciplinary ProceedingsDismissalEmployees’ Compensation ActEmployer-EmployeeRelationshipEmployees’ Provident FundEmployees’ Pension SchemeE.S.I.Ex-parte Award

Factories ActFixed Term EmploymentGainful EmploymentGratuityIndustryIndustrial DisputeIndustrial Disputes ActInterim ReliefInter-state Migrant WorkmenActLoss of ConfidenceMaternity Benefit ActMinimum WagesMisconductMoral TurpitudeMRTU & PULP Act No Dispute AwardOvertimePart-Time EmployeePayment of Bonus ActProbationProtected WorkmanPunishment

ReferenceRegularisationReinstatementResignationRetrenchmentService ConditionService of NoticeSettlementSexual HarassmentSit-in-StrikeStanding OrdersStrikeSuspension AllowanceTerminationTrade UnionTraineeTransferUnauthorised AbsenceUnfair Labour PracticeU.P. I.D. ActWage IncreaseWorkman

CONTENTS


Important

LABOUR

Judgments - 2019

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AbandonmentRefusal to accept alternate position by theemployee-workman after his/her earlier postbecame redundant, on the same scale offered tohim/her amounts to 'abandonments' of his/her job.

Manju Saxena vs. Union of India & Anr. 2019 LLR223 (S.C.)

It is for the employer to establish abandonment bythe employee and for that enquiry is required.

M/s. Design Decisions INC vs. Yogesh Arora. 2019LLR 1191 (Delhi H.C.)

In case of voluntary abandonment it is for theemployer to establish that employee abandoned thejob.

Lakshmi vs. P.O. Labour Court Salem and Another.2019 (163) FLR 15 Summary of Cases (Mad. H.C.)

If management had not informed the workman ofunauthorized absence and not called to report forduty by writing letters, abandonment cannot bepresumed.

Max Flow Pumps India (P) Ltd. vs. Presiding Officer,Industrial Tribunal-cum-Labour Court-III,Gurugram and Anr. 2019 LLR 1209 (P&H H.C.)

When enquiry for unauthorized absence conductedafter the dispute of termination was referred, wouldbe eye wash and non compliant hence unable toestablish abandonment. Employer has to offeremployee to resume duty in case of abandonment.

Smt. Gitesh Verma vs. M/s. Dhawan Exports & Ors.2019 LLR 758 (Delhi H.C.)

Abandonment being a plea taken by the employer isto be proved by the employer by producingattendance and wages records and efforts made todirect the workman to resume duty.

Executive Engineer, Provincial Division, Haryana,PWD (B&R) Branch, Jhajjar vs. Pradeep Kumarand Another. 2019 LLR 617 (P&H H.C.)

If a workman refused to rejoin the job despiterepeated offers made by the management, furtherformal inquiry is not required.

Smt. Kiran Bhandari vs. M/s. Dr. O.P. Abral Clinic.2019 LLR 173 (Delhi H.C.)

AdjudicationOpportunity of proving misconduct before the courtby the employer can only be granted on specificprayer and not automatic by the court in case ofvitiated inquiry proceedings or no inquiry.

M/s. Superior Industries Limited vs. Sh. Dhani Ram& Another. 2019 LLR 1207 (P&H H.C.)

Tribunal order unless based on no evidence, cannotbe set aside by high court.

M. Arumugam vs. Secretary, Ministry of SurfaceTransport Government of India, New Delhi andOthers. 2019 LLR 835 (Mad. H.C.)

Issues involving mixed by question of law and factscome under the category of incidental, additional orancillary issues to be adjudicated upon by thetribunal.

Pratibha Syntex Ltd. vs. State of M.P. and Others. 2019LLR 876 (M.P. H.C.)

To prove photo copies in evidence, the party has tosummon the original record thereof from the oppositeparty by moving an application before the IndustrialAdjudicator.

Chhavi Chandra Jha vs. Vishwas Karma EngineeringWorks. 2019 LLR 392 (Delhi H.C.)

If the amendment actually goes to the root of thematter, workmen should be allowed to withdraw thewrit petition for filling the fresh petition instead ofdismissal of writ.

Automax Karamchari Union vs. State of Haryana andOthers. 2019 LLR 414 (P&H H.C.)

Preliminary objections about claimants not beingworkmen and no existence of industrial disputecannot be decided as preliminary issue at firstinstance.

Management of M/s.TE Connectivity India Private Ltd.vs.The General Secretary, TE Connectivity Staff Association(TECASA) And Another. 2019 LLR 498 (Kar. H.C.)

Labour Court order pending union demand noticeadjudication, directing management to allowworkmen of union to enter workplace for discharge oftheir duties and not to change their service conditions,as interim relief would be beyond reference and liableto be set aside.

Chairman, IET Bhaddal Campus Bhaddal vs.Presiding Officer, Industrial Tribunal and Anr. 2019 ICLR 1074 (P&H H.C.)

Appropriate GovernmentIn case of ICAI, central government would be theappropriate government to make reference ofindustrial dispute.

Institute of Chartered Accountants of India andAnother vs. State of U.P. and Others. 2019 LLR 1127;2019 II CLR 1107 (All. H.C.)

AwardNo dispute award based on non filing of claim byworkman even after publication is liable to be restoredwhen notice to workman was not served.

Dhanajay Chaubey vs. M/s. Reliance Metal India andOrs. 2019 LLR 1195 (Delhi H.C.)

When the findings of the Labour Court in the awardare contrary to the facts of the case or evidence onrecord, the matter is to be remanded back to theLabour Court for afresh disposal in accordance withlaw.

Managing Director, CONFED vs. Rampal andAnother. 2019 LLR 604 (P&H H.C.)

Back WagesWorkman is entitled to back-wages if criminalproceedings reveal that the same were malafide orwith vexatious intent resulting into his acquittal.

Raj Narain vs. Union of India & Ors. 2019 LLR 473 (S.C.)


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A workman could not be entitled to back-wages if heremained gainfully employed after his termination.

Bhakra Beas Management Board vs. Ranbir Singhand Anr. 2019 LLR 1317 (P&H H.C.)

If the management does not prove on the basis ofcogent evidence that the workmen were gainfullyemployed during the period of litigation after theirtermination, the workmen are entitled to back wages.

Pradhan Baijnath Tea Estate Mazdoor Sangh vs. State ofHimachal Pradesh and Others. 2019 LLR 1239 (H.P. H.C.)

Workman has no legal right to claim back-wages unlesshe proves his non gainful employment by documentary,self and third person's evidence around him.

Madhya Pradesh State Agriculture Marketing Board,Bhopal vs. Munni Bai. 2019 LLR 169 (M.P. H.C.)

BOCW ActExcluding workers from registration under BOCW Actwho receive benefits like regular salary, ESI, PF andgratuity through notification by M.P. Building andother construction worker welfare board would beillegal.

Construction Employees Trade Union, M.P., Gwaliorvs. Union of India & Others. 2019 LLR 634 (M.P. H.C.)

ClosureIn case of criminal proceedings court exercise its powerto quash the proceedings very sparingly in rarest of rarecases.

Amit Mittal and Another vs. Punjab Governmentthrough Labour Inspector Grade-1, SAS Nagar. 2019LLR 713 (P&H H.C.)

When labour court found that the establishment hadsuffered a closure with intimation of fact togovernment, it was not subject to look into reasons ofclosure. Employees have no claim based on rightsarising from retrenchment.

J.K. Rayon vs. Labour Court Kanpur. 2019 (163) FLR787 (All. H.C.)

In case of a valid closure of establishment, procedurerelating to retrenchment under the Act is notattracted. It applies only where the establishment isserving and the services of workman are dispensedwith in voilation of provisions of Section 6-N and 6-P ofU.P. I.D. Act.

Gopal Sharma and Associate vs. P.O. Labour CourtAgra. 2019 (163) FLR 812 (All. H.C.)

CompensationThough non compliance of retrenchment provisionattracts reinstatement with back-wages but due to 30years of litigation lumpsum compensation in lieu ofreinstatement is justified.

Dharamraj Nivrutti Kasture vs. Chief ExecutiveOfficer and Others. 2019 LLR 1299 (S.C.)

It would be appropriate to pay lumpsum compensationof Rs. 1 lakh in lieu of reinstatement, whereretrenchment was held illegal, in view of length ofservice, nature of service and passage of 19 years in

litigation.Regional Manager, Life Insurance Corporation ofIndia vs. Dinesh Singh. 2019 LLR 709 (S.C.)

When the termination of daily wagers/ temporaryworkmen is found illegal, granting lumpsumcompensation in lieu of reinstatement is proper.

Deputy Executive Engineer vs. Kuberbhai Kanjibhai.2019 LLR 277 (S.C.)

Compensation of 3 lakh is appropriate for illegaltermination when litigation dragged for 24 years.

Senior Medical Officer/In-charge Hospital, Alwar vs.Gangaram. 2019 LLR 1320 (Raj. H.C.)

When employee is not able to get suitable employmentdue to age factor, compensation amount may beincreased in lieu of reinstatement and back-wages.

Rajesh Angira vs. Government of NCT and Another.2019 LLR 1186 (Delhi H.C.)

Computation of compensation depends upon variousfactors including length of service, last drawn wages,employer's financial condition and age of theworkman.

Karnataka Neeravari Nigam Ltd., Bengaluru & Ors.vs. Shivanagouda. 2019 LLR 1217 (Kar. H.C.)

In case of illegal retrenchment, compensation isappropriate when the establishment has closed andreinstatement is not feasible.

Mira Daruka and Others vs. The State of Bihar andOthers. 2019 LLR 1237 (Pat. H.C.)

In case of illegal termination, lumpsum compensationof 8 lakh would be appropriate when employeecompleted 8 years of service.

Krishan Dabas vs. M/s. Sapphire Cables & ServicesPvt. Ltd. 2019 LLR 1067 (Delhi H.C.)

Being termination found illegal due to non complianceof Section 33 (2) (b) of I.D. Act, compensation of 75000would be appropriate instead of reinstatementbecause of long period spent in litigation andconstrained relations between employer andworkmen.

Management of Daya Engineering Works (Sleeper)Ltd. vs. The Workers of Daya Engineering Works(Sleeper) Ltd. and Others. 2019 LLR 1114 (Pat. H.C.)

Compensation is justified when the workman himselfand expired during pendency of litigation and his LRshave been substituted.

M/s. Associated Service Station vs. Jai KishenSharma. 2019 LLR 951 (Delhi H.C.)

Compensation justified when workman attained theage of superannuation.

Nanak Chand vs. M/s. Indian Port Association. 2019LLR 953 (Delhi H.C.)

Compensation of 4 lakh justified in lieu of reinstatementwhen workman served for more than 10 years.

Har Kishore Sharma vs. The Mgmt. of G.F.R. Co. P.Ltd. (Imperial Cable). 2019 LLR 955 (Delhi H.C.)

When workman reached the age of superannuation,compensation of Rs. 5 lakh would be appropriate inlieu of reinstatement because of illegal dismissal.

Krishan Kumar Kashyap vs. The Statesman Ltd. 2019LLR 710 (Delhi H.C.)


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Considering short duration of service only for 285days, awarding compensation of Rs. 50,000 in lieu ofreinstatement, is appropriate.

Smt. Bimla Devi vs. The Engineer-in-Chief, HPPWDand Another. 2019 LLR 636 (H.P. H.C.)

Compensation in lieu of reinstatement is justifiedwhen the factory of the management has been closed.

M/s. Popular Steel vs. Raj Kumar. 2019 (161) FLR 297;2019 LLR 637 (Delhi H.C.)

As held by the High Court in earlier cases,compensation in lieu of reinstatement @ Rs. 1 lakh to1.25 lakh for each year would be just and adequate for3 years of service.

Ishwar Nath Jha vs. Presiding Officer, IndustrialTribunal, Bhatinda & Others. 2019 LLR 168 (P&H H.C.)

When the workman has already attained the age ofsuperannuation, his reinstatement is not possible,hence awarding lumpsum compensation to theworkman is justified.

Delhi Transport Corporation vs. Raj Singh. 2019 LLR279 (Delhi H.C.)

Conciliation ProceedingsNotice of enquiry by Conciliation Officer cannot bechallenged on the ground that the complaint filed bythe person is not workman. Employer has toparticipate and submit documents to establish itscontention. Conciliation Officer cannot decidewhether the employee is workman or not.

M/s. Larsen and Toubro Ltd. vs. Assistant LabourCommissioner. 2019 LLR 1197 (Mad. H.C.)

Continuous ServiceIt is initially for the workman to prove that he hasworked for 240 working days during last 12 months.Once it is discharged by the workman, onus shiftsupon the management.

The Superintending Engineer TWAD Board &Another vs. M. Natesan etc. 2019 LLR 743 (S.C.)

Period of service in two different divisions cannot beclubbed to take it continuous service of more than 240days as per service policy/Rules of the management.


Plea of management of not working for 240 dayswould not help in the absence of any documentaryevidence.

Max Flow Pumps India (P) Ltd. vs. Presiding Officer,Industrial Tribunal-cum-Labour Court-III,Gurugram and Anr. 2019 LLR 1209 (P&H H.C.)

Finding of the Labour Court that the workman was incontinuous service has become final since the samehas never been challenged.

M.P. Housing and Infrastructure Development Board,Bhopal vs. Controlling Authority-Cum-AssistantLabour Commissioner, Bhopal and others. 2019 LLR1213 (M.P. H.C.)

Burden of proof to prove 240 working days initially isupon the workman but the onus of proof shifts uponmanagement when the management witness

admitted factum of maintaining records andemployment of workman, to demonstrate relevantrecords to falsify plea of 240 working dayscontinuously taken by the workman.

Executive Engineer, Provincial Division, Haryana,PWD (B&R) Branch, Jhajjar vs. Pradeep Kumar andAnother. 2019 LLR 617 (P&H H.C.)

Burden to prove continuous service of 240 workingdays for becoming entitled to raise an industrialdispute is upon the workman by way of sufficientevidence.

Baljinder Singh vs. Presiding Officer, IndustrialTribunal, Amritsar. 2019 LLR 231 (P&H H.C.)

Contract LabourNo automatic absorption of contract labour byprincipal employer on prohibition. Penal consequencesto be borne if contract labour is further engaged.

The Director, Steel Authority of India Ltd. vs. IspatKhadan Janta Mazdoor Union. 2019 LLR 892 (S.C.)

When contract labour performs the assigned job on thebasis of directions of principal employer, it will notamount to exercise of supervision and administrativecontrol of principal employer over such contract labour,since there was no appointment letter, PF or wage slipfrom principal employer showing that workman weregetting wages from PE.

Bharat Heavy Electricals Ltd. vs. Mahendra PrasadJakhmola and Others. 2019 LLR 515 (S.C.)

The action of government to issue notification ofprohibtion under Section 10 of the Contract LabourAct is quasi-legislative action. There is no need ofobserving principles of natural justice.

Surat (Hazira) Kamdar Karamchari vs. State ofGujarat. 2019 III CLR 851 (Guj. H.C.)

Only non obtaining valid certificate ofregistration/license under Section 7 & 12 of theContract Labour Act by the contractor does not entitlethe workman to be absorbed by the principalemployer. Even if there is no legitimate agreementbetween principal employer and contractor, that byitself will not enure to the benefit of the workman toclaim that he is employed by the principal employer.

M/s. H.V. Subramani vs. Management, Ram FlexIndia Pvt. Ltd. 2019 LLR 1093 (Kar. H.C.)

When person committing an offence under this Act isa company and that was not made a party toproceedings, in absence of company in proceedings,the very initiation of proceedings against petitioner isa ground to set aside the entire proceedings.

Randeep Mahajan vs State of Karnataka. 2019 (162)FLR 950 (Kar. H.C.)

Employees of contractors will be treated as employeesof principal employer if principal employer fails toproduce complete records of payments made tocontractors, many permanent employees were there inthe record of contractor, licence of contractor was notcovering work done by workmen engaged withprincipal employer, contractors have not maintainedproper records, management admitted only 18employees whereas there were about 150 employees


working in shifts, meaning thereby that if neithermanagement nor contractor were maintaing requiredrecords properly.

M/s. Indo-European Breweries Ltd. vs. DnyaneshwarShyamrao Dhanwate and Others. 2019 Lab IC 2664,2019 LLR 1013 (Bom. H.C.)

Requirement of consultation as prescribed underSection 10 before issuing notification for prohibition,does not mean that the board and the governmentofficers should meet together. It would mean meetingof the minds between the parties involved in theprocess of consultation on the basis of material factsand points. The employer has no right to be heard.

I.B.P. Co. Ltd. Thika Sramik Union vs. Indian OilCorporation and Others. 2019 LLR 649; 2019 FLR (161)540; 2019 II CLR 557 (Cal. H.C.)

The issue of work of perennial nature or violation ofother provisions of Contract Labour Act has to beraised only through industrial dispute and not underwrit jurisdiction.

Pragatisheel Vidyut Karmi Sanyukta SangharshMorcha, Bihar vs. The State of Bihar and Others. 2019LLR 142 (Pat. H.C.)

When the contractor issued appointment letters, paidwages, issued salary slips, deducted and deposited ESIand PF, put supervisors for supervision and controllingthe workforce , paid bonus, maintained all records ofhis employees and produced registration certificate,there would be no employer- employee relationshipbetween principal employer and contractoremployees being not a sham contract.

The Maharashtra General Kamgar Mahasangh,Mumbai vs. M/s. Taj Sats Air Caterers Ltd. & Anr.2019 LLR 250 (Bom.H.C.)

When no contract was there between the principalemployer and the contractor, qualification ofcontractual workers was prescribed by P.E., dutyroasters were counter signed by officer of P.E.,workman was being supervised by P.E., power ofdisciplinary action was with P.E. wages and other dueswere also fixed by P.E. workmen were entitled to foodat subsidized rate at canteen of P.E., wages wereprepared on the basis of certificate issued by P.E. andworkmen were doing work at par with permanentemployees, such arrangement would lead to establishrelationship between P.E. and contract Labour.

Bosch Limited, Naganathapura Plant vs. Labourthrough Karnataka Rakshak and General Workers'Union. 2019 LLR 423 (Kar. H.C.)

If the workers are not engaged by the contractors ontheir own, there is no obligation upon them to obtainLicence under Contract Labour (Regulation andAbolition) Act, 1970, and Registration Act, 1970, andRegistration Certificate by the Principal Employer asper Tamil Nadu Contract Labour (Regulation andAbolition) Act, 1970.

State, rep. by Deputy Inspector of Labour, IVthCircle, Chennai vs. Kannan and Others. 2019 LLR535 (Mad. H.C.)

Workers of the contractors even if worked for morethan 240 days, are not entitled for any regularizationinto the service of public sector employer.

Vice President, Regional Committee, C.C.L. JantaMazdoor Sangh vs. Project Officer Ashok Project

Piparwar, C.C.L. 2019 (161) FLR 222 (Jhar. H.C.)

Court JurisdictionBengaluru court will have no jurisdiction to adjudicateindustrial dispute when the services of the employeewere terminated at Pondicherry.

Management of M/s. Hewelet Packard India SalesPvt. Ltd., Bangalore vs. Secretary, Ministry of Labour,Govt. of Karnataka, Bangalore and Another. 2019 LLR646; 2019 Lab IC 124 (Kar. H.C.)

Delhi court will have no jurisdiction to adjudicate theunpaid wages claim of the employee, employed andappointed in Noida.

M/s. Prasad Psycho Corporation & Anr. vs. LabourDepartment & Anr. 2019 LLR 366 (Delhi H.C.)

Court PowersIt is obligatory upon the Labour Court to frame anddecide preliminary issue of legality and validity ofenquiry first confining its discussion only to thatextent.

M.L. Singla vs. Punjab National Bank and Another.2019 LLR 224 (S.C.)

Labour court powers are much wider in a case whereenquiry was found to be illegal. Court is to record itsown findings to its own satisfaction and may set asidethe order of termination and direct reinstatement insuch terms and conditions as thinks fit.

M.P. Road Transport Corpn. and Another vs. RajendraTiwari. 2019 (163) FLR 594 (M.P. H.C.)

Interim relief by court directing management to allowworkman of union enter into workplace for duties andnot to change their service duty pending demandnotice is liable to be set aside.

Chairman IET Bhaddal vs. P.O., Industrial Tribunaland Another. 2019 LLR 1211 (P&H H.C.)

When enquiry is conducted before termination, it is forthe labour court to first decide about the legality andvalidity of the enquiry by making it a preliminaryissue.

Swift Securitas (P) Ltd. vs. Gulshan Sharma andOthers. 2019 LLR 1063 (Delhi H.C.)

Application for setting aside the ex-parte awardmaintainable and labour court can well act beyondperiod of 10 days or 30 days.

M/s. Birla Corporation Ltd., Satna Cement Works vs.P.O., Industrial Tribunal (I), U.P., Allahabad andOthers. 2019 (162) FLR 1006 (All. H.C.)

Power of the labour court is not beyond the reference.M/s. Pamvi Tissue Ltd. vs. The State of HimachalPradesh and Another. 2019 LLR 1014 (H.P. H.C.)

In the process of challenging the cancellation of tradeunion registration by advocates practicing inindustrial court, if court makes opinion that advocateswere neither necessary nor proper party to implead,court is very well in their jurisdiction to reject suchapplication seeking impleadment in the petition.

Punil Ishwarlal Shah vs. Rashtriya Labour Union.2019 LLR 619 (Guj. H.C.)

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Application for subsequent amendment in the awardfiled after expiry of 30 days from the date ofpublication is not maintainable.

Duncans Industries Ltd., M/s. Kanpur Fertilizer andCement Ltd. vs. P.O., Labour Court (iii), Kanpur andAnother. 2019 (161) FLR 640 (All. H.C.)

When the workman is unable to establish that heworked for 240 days in a year preceding 12 months,rejection of reference by Labour court is proper.

Ashok U. Nikam vs. Tata Power Company Ltd. 2019LLR 273 (Bom. H.C.)

Labour Court is empowered to reduce the punishmentif it is found shockingly disproportionate.

M/s. Hindalco Industires Ltd. vs. State of U.P. and 3Others. 2019 LLR 522 (All. H.C.)

Daily WagerDaily wager has no vested right to claimreinstatement or reappointment.

Satpal vs. Chandigarh Administration and Others.2019 LLR 968 (P&H H.C.)

DemonstrationWorkers’ right to demonstrate is not absolute and issubject to reasonable restrictions. Hooliganismcannot be allowed to disturb industrial peace.

Chennai Yetrumathi Valaga Uzhiyargal MatrumPodhu Thozhilalar Sangam vs. Commissioner ofLabour, Chennai and Others. 2019 LLR 841 (Mad. H.C.)

Disciplinary ProceedingsEmployee is not entitled to delay the enquiry byextending availing of opportunities granted to him tosubmit his defence, if any.

State Bank of India & Ors. vs. Atindra NathBhattacharya & Anr. 2019 LLR 1300 (S.C.)

Acquittal by criminal court does not debar employerfrom exercising power to conduct departmentalproceedings and impose punishment on the basis ofenquiry findings.

Karnataka Power Transmission Corpn. Ltd. vs. Sri C.Nagaraju & Anr. 2019 LLR 1181 (S.C.)

Enquiry would be fair and proper when employee wasgiven opportunity to reply charge-sheet, examinedhis witnesses and cross examining managementwitnesses.


When enquiry is declared invalid by court, it is for theemployer to request the court to lead additionalevidence. Court will not automatically direct themanagement to lead fresh evidence.

M/s. Superior Industries Ltd. vs. Sh. Dhani Ram &Another. 2019 LLR 1315 (P&H H.C.)

Enquiry will be invalid when no date, time or place oforal enquiry was fixed and two persons without anyexamination in chief were allowed to cross examine bydelinquent employee.

Kapoor Chand Srivastva vs. Chairman Zila ParisadVaransi. 2019 (163) FLR 771 (All. H.C.)

When tribunal holds that the enquiry was in violationof principles of natural justice, it was incumbent uponthe tribunal to take evidence it self on decide aboutthe worth of charges. Merely by holding enquiryinvalid, final relief cannot be granted.

U.P. State Road Transport Corporation Agra vs.Omparkash Tyagi. 2019 (163) FLR 801 (All. H.C.)

If the charge leveled against the delinquent employeeis vague, the disciplinary proceeding is liable to bevitiated.

Employers, Management of M/s. Tata Steel Ltd. vs.Their Workman Bijay Kumar Singh. 2019 LLR 1240;2019 (162) FLR 219 (Jhar. H.C.)

Enquiry is not fair and proper when workman was notallowed to represent his defence through hisrepresentative in the enquiry, proceedings were notsupplied to him, not allowed to cross examinemanagement witness and not supplied copy ofenquiry report. Principles of natural justice notfollowed.


When the enquiry is vitiated, management shouldprove the charge in the court with material witnesswho prepared the document on the basis of whichworkman was terminated.

Steel Authority of India Ltd. vs. Sarvan Kumar. 2019LLR 745 (Chht.garh. H.C.)

Enquiry findings cannot be rejected by applyingrigours of Evidence Act.

Kali Kant Jha vs. M/s. Birla Textile Mills. 2019 LLR646; 2019 Lab IC 138 (H.P. H.C.)

Ex-parte enquiry would be fair and valid when theemployee was notified to attend enquiry, providedrepeated opportunities but did not attend.

Manjeet Singh vs. State of NCT of Delhi & Ors. 2019LLR 129 (Delhi H.C.)

When Enquiry Officer did not consider the medicalcertificate of the of the employee and genuineness ofthe letter of doctor confirming the certificate, inquirywould be invalid.

Delhi Transport Corporation vs. Raj Singh. 2019 LLR279 (Delhi H.C.)

Ex-parte inquiry would be invalid when neither E.O.recorded the facts available on record nor inquiryreport was supplied to him to rebut the findings of E.O.

The Managing Director, Green Roadways Pvt. Ltd. vs.The Presiding Officer, Industrial Tribunal, Batinda &Another. 2019 LLR 386 (P&H H.C.)

When standing orders do not provide assistance oflawyer to workman in enquiry, such demand ofworkman for representation by lawyer would not bejustified.

Hindustan Unilever Ltd. vs. Prashant and Ors. 2019LLR 419 (Bom. H.C.)

An enquiry finding is liable to be quashed if copies ofrelevant documents were not supplied, defenceevidence was not recorded despite repeated demandsraised and witness of complainant clearly denied incross-examination the allegation of sexual

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harassment against the delinquent employee. Harcharan Singh vs. Director of Education & Ors.2019 LLR 476 (Delhi H.C.)

If the complaint is not proved by the complainant beforethe Enquiry Officer, the enquiry will not be fair andproper.

UCO Bank vs. Presiding Officer, Central GovernmentIndustrial Tribunal-cum-Labour Court-II,Chandigarh. 2019 LLR 506 (P&H H.C.)

DismissalDismissal justified for the misconduct of financialirregularities.

State Bank of India & Ors. vs. Atindra NathBhattacharya & Anr. 2019 LLR 1300 (S.C.)

If management fails to prove the charges, punishmentwould not sustain.

Divisional Controller, North-East Karnataka RoadTransport vs. Hanumanthappa. 2019 LLR 1319 (Kar. H.C.)

Claim for reinstatement rightly rejected keeping inview the dishonest nature of employee.

Shankerling S/o Bharamappa Kattimani vs.Divisional Controller, NWKRTC, Bagalkot. 2019 (163)FLR 12 Summary of Cases (Kar. H.C.)

Dismissal justified for committing offence byproducing false certificate to get job.

Karnataka State Road Transport Corporation vs.Labour Commissioner, Deptt. of Labour, Bangalore andanother. 2019 (163) FLR 13 Summary of Cases (Kar. H.C.)

Dismissal justified for the misconduct ofmisappropriation.

Delhi State Civil Supply Corporation Ltd. vs. Sh.Badan Singh. 2019 LLR 1189 (Delhi H.C.)

Dismissal justified for remaining unauthorized absenthabitually.

P. Venkatachalam vs. The Presiding Officer, LabourCourt, Salem and Another. 2019 LLR 1199 (Mad. H.C.)

When workman obtained employment on the basis ofbogus educational certificate, no enquiry ismandatory and can be dismissed if prima facieestablished.

C. Muthusamy vs. The Labour Court, Salem andAnother. 2019 LLR 1201 (Mad. H.C.)

Dismissal of a person working as ghost employee on thecharge of absenteeism without enquiry would not besustainable.

North Delhi Municipal Corporation vs. JaswantSingh. 2019 LLR 1065 (Delhi H.C.)

Dismissal for the misconduct of violence causingdamage to company bus without enquiry would beillegal attracting reinstatement with back-wages andother benefits.

M/s. MRF Ltd. Arkonam Taluk vs. R.N. Ravinder andAnother. 2019 Lab IC 2559, 2019 LLR 1017 (Mad. H.C.)

When charge of misappropriation is proved, unduesympathy towards workman is not justified in grantingreinstatement.

Management, Tamil Nadu State TransportCorporation vs. Presiding Officer, Chennai & Anr. 2019LLR 862 (Mad. H.C.)

Dismissal justified for misconduct ofmisappropriation.

Hari Kishore Singh vs. Allahabad Bank. 2019 LLR 439(Jhar. H.C.)

Dismissal justified for the misconduct ofmisappropriation of money of corporation.

Maharashtra State Road Transport Corporation vs.A.B. Patel. 2019 LLR 487 (Bom. H.C.)

Employees’ Compensation ActAmputation of right leg below 1/3rd the thigh is 100%functional disability.

Arun Kumar Jha vs. Ranvir Singh & Anr. 2019 LLR121 (S.C.)

Sworn testimony of the wife of the deceased will besufficient to confirm employer-employee relationship.

Tebha Bai (Smt.) & Ors. vs. Raj Kumar Keshwani &Ors. 2019 LLR 122 (S.C.)

As per the settled law, the Interest is payable at therate of 12% per annum from the date of accident andnot from the date of decision of the case.

North East Karnataka Road Transport Corporationvs. Smt. Sujatha. 2019 LLR 222 (S.C.)

When driver required to be with the bus 24 hours andwhile coming down of the room of the bus, fell andexpired, it would be accident arising out and in thecourse of employment, thus deceased dependantsentitled to compensation.

Leela Bai and Another vs. Seema Chauhan andAnother. 2019 LLR 241 (S.C.)

Employer is liable to pay compensation and interestfrom the date of accident.

Jahan Uddin and Others vs. Union of India andOthers. 2019 LLR 1310 (Gau. H.C.)

Death due to heart attack, while resting under a treewhile on job of driving, would be deemed accidentduring and in the course of employment. Entitled forcompensation.

National Insurance Company Ltd. vs. Renukamma andothers. 2019 (163) FLR 13 Summary of Cases (Kar. H.C.)

When the deceased was with Truck when murdered,then the peril suffered by deceased cannot beincidental to his employment.

Santokh Singh vs. Acchru Ram. 2019 (163) FLR 912(Bom. H.C.)

Dependents are entitled to compensation when deathcaused due to stress and strain/work pressure.

Kannammal and Others vs. N. Balasubramanian andOthers. 2019 LLR 1232 (Mad. H.C.)

Since deceased died at the spot, the manner of his deathwhether it is by a murder or an accident is reallyimmaterial.

United India Insurance Co. Ltd. vs. Smt. Kumta Devi& Ors. 2019 LLR 1235 (H.P. H.C.)

Remand of the case is not justified if the employer hasnot proved any prejudice caused to him by the orderof the compensation commissioner.

U.P.S.R.T.C. vs. Narendra Singh. 2019 LLR 1080 (All. H.C.)

Mother of the deceased and not the brother beingdependent would be entitled to receive the compensation.

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Taluka Panchayat Mendarda and Ors. vs. MalibenRukhadbhai and Ors. 2019 LLR 1119 (Guj. H.C.)

When the helper of the vehicle died due to hit byunknown vehicle while crossing road on instruction ofdriver to take tiffin, would amount to accident arisingout of and in the course of employment makingdependents entitled for compensation.

Senior Divisional Manager, National InsuranceCompany Ltd. vs. Shaibarani Mohanta & Ors. 2019LLR 1130; 2019 II CLR 1026 (Orissa H.C.)

No compensation is payable by the employer whenthe construction worker was murdered by stranger atconstruction site. Personal animosity, ill-will cannotbe termed as an accident during the course ofemployment.

Somu vs. Smt. Savithri and Others. 2019 LLR 971 (Kar. H.C.)

Forcing a person to do duty when not well, causingimmense stress aggravating the illness suffered by theperson resulting into his death would be an accidentarising out of employment, making dependents entitledfor compensation.

Bajaj Allianz General Insurance Co. Ltd. vs. JarinaBegum & Ors. 2019 LLR 1013 (Delhi H.C.)

Compensation not to be granted when neither thedeceased was having valid driving licence norclaimants could provide employment with the ownerof the vehicle and injuries received in allegedaccident.

New India Assurance Co. Ltd. vs. Fulmati DharamdevYadav & 2 Ors. 2019 II CLR 653; 2019 LLR 1015 (Guj. H.C.)

Employee covered under ESI is not entitled to claimcompensation from employer under E.C. Act.

Munmahesh vs. Ashish Nemichand Katariya andAnother. 2019 LLR 828 (Bom. H.C.)

Accident has to be understood as meaning a mishapor untoward event not expected or designed. Whenemployee was found medically fit before joining theduty, death during employment due to heart attackestablishes connection between his death andemployment. Dependents entitled to compensation.

Star Health & Allied Insurance Co. vs. AmbedkarSingh & Ors. 2019 LLR 749 (Delhi H.C.)

The words "any other person" therein, a total strangerto the business or activity in which the workman wasinvolved and suffered due to accident and that totalstranger was responsible for the accident that causedthe injury.

Kerala State Electricity Board vs. Kunjappan. 2019LLR 632 (Ker. H.C.)

Death of the person at work site while the work ofcanal repairing was going on is sufficient to establishthe employer-employee relationship.

Godavarimarathwada Irrigation DevelopmentCorporation vs. Bajirao Raghunath Gunjal and Others.2019 LLR 134 (Bom. H.C.)

Owner of the vehicle and not the insurance companywould be liable to pay compensation when the ownerdid not possess valid registration certificate of thevehicle.

United India Insurance Company Ltd. vs. Smt. FulnaDevi and Others. 2019 LLR 164 (H.P. H.C.)

When employer or driver admitted relationship ofemployer-employee in respect of cleaner/conductoron a truck, relationship is established.

IFFCO TOKIO General Insurance Company Ltd. vs.Daya and Others. 2019 LLR 231 (P&H H. C.)

Before filing appeal, employer has to deposit theamount of award with the commissioner.

Jeetu Bhai Motwani vs. Lekhram Namdeo. 2019 LLR255 (M.P. H.C.)

When deceased receive injuries at premises of theemployer and co- employee confirms it in evidencethat he was working there, it would be sufficient toestablish employer- employee relationship.

M/s. Kamal Bhatta Company vs. Santosh and Others.2019 LLR 257 (P&H H.C.)

In case of accident during the course of employment,legal heirs are entitled to get the compensation.

Kumar Mangalam vs. Chief Manager, Telecom,Gujarat Circle. 2019 LLR 275 (Guj. H.C.)

When there is no casual connection between theemployment and accident, compensation is notpayable.

Oriental Insurance Company Limited and others vs.Somdatt Sharma and Others. 2019 (160) FLR 249 (All. H.C.)

Interest is also to be paid by the insurer (InsuranceCompany).

United India Insurance Co. Ltd. vs. Ram Kishore andOthers. 2019 LLR 530 (All. H.C.)

Even if no notice was given of accident to theemployer as per Section 10(1) of EC Act, lack of noticecannot be bar to entertainment of claim.

National Insurance Co. Ltd. vs. Smt. Swari Devi. 2019(163) FLR 983 (Uttar.H.C.)

Employer-EmployeeRelationship

Initial burden is on the employee to establish that hewas employed by the principal employer and enjoyedemployer-employee relationship. His bald statementto this effect will not be sufficient.

Rakesh Sharma vs. Indian Oil Corporation andAnother. 2019 LLR 1109 (H.P. H.C.)

When the guest house care taker was on fixed contractrenewed on his request every time and neithercovered under ESI nor PF nor paid bonus norappeared on muster roll of the corporation, therewould be no employer-employee relationship.

Moti Chand vs. The Senior Divisional Manager, LIC ofIndia and Another. 2019 LLR 625 (P&H H.C.)

Onus of proving existence of employer-employeerelationship lies on the workman.

Madan vs. Anmol Financial Services Ltd. 2019 (161)FLR 679 (Delhi H.C.)

To rebut the claim of employee, employer has toestablish through records that he was not hisemployee.

Aman Nagrath vs. Devender Mandal. 2019 LLR 364(Delhi H.C.)

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Writ petition against the Government Authority in theabsence of employer-employee relationship is notmaintainable for raising claim of wages.

The Pragati Engineers Workers Association vs.National Highway Authority of India & Others. 2019LLR 496 (H.P. H.C.)

Employees’ Provident FundClubbing justified when two establishments havinglinkages with and control by parent company isestablished.

Shree Vishal Printers Ltd. vs. Regional ProvidentFund Commissioner, Jaipur and Another. 2019 LLR1323 (S.C.)

Mere because purchaser went ahead with a newproduct, by this itself it cannot be said to be a newestablishment, to be entitled to infancy benefit ofsection 16 (1) (d) of the Act.

Jessore Industries (India) Limited and Anr vs.Regional Provident Fund Commissioner & Ors. 2019LLR 1241 (S.C.)

The definition of employee under I.D. Act and onedefined under EPF Act are not similar. Their objects arenot identical. Judgment passed considering thedefinition of I.D. Act for the purpose of EPF Act wouldbe bad in law.

Assistant Provident Fund Commissioner, EPFOBareilly vs. U.P. State Warehousing Corporation. 2019(163) FLR 106; 2019 LLR 1131 (S.C.)

Women workers from home stitching the garments asper specification of the company having absoluteright to reject the finish product and paid by thecompany on piece basis would be employees of thecompany under Section 2 (f) of the EPF Act.

Officer In-charge, Sub-Regional Provident Fund Officevs. Godavari Garments Ltd. 2019 III CLR 367; 2019 LLR1019 (S.C.)

Allowances paid universally, generally and ordinarilyto all employees by the employer except thosespecifically exempted under the definition of basicwages would be part of basic wages for the purpose ofPF contribution. Only those allowances or amount notpaid to all or variable in nature or for which employeeputs extra effort to earn, would be out of ambit ofbasic wages.

The Regional Provident Fund Commissioner (II) WestBengal vs. Vivekananda Vidyamandir and Others. 2019LLR 339 (S.C.)

Writ petition would be maintainable at the placewhere the original authority/court had exercised thejurisdiction.

Calcutta Gujrati Education Society vs. RegionalProvident Fund Commissioner. 2019 LLR 1058 (S.C.)

An employee to be covered under the term "excludedemployee" must be who was a member of the Act andScheme of 1952 and who had withdrawn fullProvident Fund after age of 55 years and nototherwise covered under any other Act including GPF.

Modern Transportation Consultation Services Pvt.Ltd. vs. Central Provident Fund Commissioner,Employee Provident Fund Organisation & Ors. 2019LLR 539 (S.C.)

When the employer is facing financial crisis, paymentof interest in installments may be allowed.

M/s. The Jankiram Mills Ltd. vs. The Assistant ProvidentFund Commissioner, Madurai and Another. 2019 LLR 1332(Mad. H.C.)

Tribunal has discretionary power to waive off pre-deposit for admission of appeal.

The Commissioner, Pollachi Municipality vs. The AssistantProvident Fund Commissioner and Another. 2019 LLR 1332(Mad. H.C.)

When the employer is facing financial crisis, paymentof EPF dues in installments, may be allowed.

M/s. MN 141 Panaikulam Primary Agricultural Co-Operative Bank Limited vs. The Assistant ProvidentFund Commissioner, Madurai and Another. 2019 LLR1334 (Mad. H.C.)

Appeal is not admissible without fulfilling conditionas stipulated under Section 7-O of the Act.

Spentex Industries Ltd. vs. Regional Provident FundCommissioner. 2019 LLR 1335 (M.P. H.C.)

There is no provision empowering waiver of the EPFdues in any manner.

Shri Guru Nanak Shiksha Samiti vs. AssistantProvident Fund Commissioner & Others. 2019 LLR1336 (M.P. H.C.)

Complaint against the EPF Authority under ConsumerProtection Act, 1986 is also maintainable.

Asad Ali vs. The R.P.F. Commissioner & Others. 2019LLR 1137 (M.P. H.C.)

For becoming entitled to pension under the EmployeesPension Scheme, 1952, the required pensionary service is10 years.

Om Prakash Dubey vs. Assistant Commissioner EPF.2019 LLR 1338 (M.P. H.C.)

Remittance of EPF dues may be allowed to be paid ininstallments considering financial position of thepetitioner.

M/s. Rashtra Deepika Limited vs. Assistant ProvidentFund Commissioner and Others. 2019 LLR 1340 (Ker. H.C.)

Correction in date of birth of employee after hisretirement for the purpose of enhanced pensionunder writ jurisdiction is not maintainable.

Tripta Devi & Others vs. Employees' Provident FundOrganization & Others. 2019 LLR 1341 (H.P. H.C.)

Prescribed limitation for filing an appeal is to be fromthe date of knowledge of the order depending uponfacts and circumstances for each case.

M/s. Veerabhoomi Tourist Village (P) Ltd. vs. TheAssistant Provident Fund Commissioner and Anr. 2019LLR 1342 (Kar. H.C.)

Assessment of EPF dues by the EPF Authority without priornotice to the employer is not sustainable being withoutjurisdiction.

Delhi State Civil Suppliers Corporation Ltd. vs. Food& Allied Loading Unloading Mazdoor Union and Ors.2019 LLR 1344 (Delhi H.C.)

EPF accumulation to be paid to the retired employeewith interest well within reasonable time to avoidfurther interest and penalty. Defaulting employer isalso liable to be burdened with heavy interest anddamages.

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Georgekutty Augustine vs. The Regional Provident FundCommissioner and Another. 2019 LLR 1346 (Ker. H.C.)

Order of E.P.F. appellate tribunal can be challenged inwrit only by board of trustee and not by regionalprovident fund commissioner.

Regional P.F. Commissioner vs. M/s. B.P. Trading.2019 (163) FLR 17 Summary of Cases. (Pat. H.C.)

In filing appeal before tribunal beyond 120 days notpermissible.

Kushang Society and House Keeping Pvt. Ltd. vs. P.O.,CGIT and Labour Court. 2019 (163) FLR 892; 2019 LLR1145 (All. H.C.)

Delayed deposit of EPF dues would attract statutoryrate of interest and imposing higher or lower rate ofinterest is bad in law.

M/s. Rampur Distillery and Another vs. Regional P.F.Commissioner and Others. 2019 LLR 1244 (All. H.C.)

The EPF Authority may be restrained from givingfurther effect to the recovery order if the Court issatisfied by the submission of the employer that EPFdues with interest has already been remitted by him.

Chairperson, Managing Committee of Assembly ofGod Church School vs. Regional P.F. Commissioner,Durgapur and Another. 2019 LLR 1247 (Cal. H.C.)

Deposit of EPF dues after lodging of complaint or FIRby the EPF Authority, the defaulting employer cannotbe exonerated from criminal liability and is liable toface penal consequences.

Malhati Tea & Industries Ltd. & Ors. vs. State of WestBengal & Anr. 2019 LLR 1249 (Cal. H.C.)

If the principal employer fails to submit anydocuments to prove that were of contractor, suchemployees will be treated as employees of theprincipal employer for the purpose the Act.

Naveen Vidya Bharti Public Hr. Sec. School vs. AssistantProvident Fund Commissioner, Bhopal. 2019 LLR 1254(Delhi H.C.)

When alternative statutory remedy is available forchallenge to order passed under Section 7-A of theAct, it would not be just and proper to entertain writpetition for adjudication of factural dispute.

Jharkhand Education Project and Another vs. TheEmployees Provident Fund Organisation and Others.2019 LLR 1256 (Jhar. H.C.); M/s. Fusion EngineeringProducts Limited vs. Employees Provident FundOrganisation and Others. 2019 LLR 1257 (Jhar. H.C.)

EPF contribution may be allowed to be paid ininstallments subject to any condition to thesatisfaction of the Tribunal/Court.

Santha Maria Public School vs. The Regional ProvidentFund Commissioner. 2019 LLR 1258 (Ker. H.C.)

As per para 6 of 1995 Scheme, every employee, member ofeither 1952 Scheme or of Provident Fund of factories or hasbeen a member of Pension Scheme of 1971, are entitled tobe treated as members of 1995 Pension Scheme.

Khoob Chand Verma @ K.C. Verma vs. RegionalProvident Fund Commissioner. 2019 LLR 1259 (M.P. H.C.)

When the employer is financial sick, payment of EPFdues in installments may be allowed.

M/s. Singara Estate vs. The Assistant Provident FundCommissioner. 2019 LLR 1265 (Mad. H.C.)

Delay beyond prescribed limitation of 60+60 (total 120

days) may be condoned subject to costs by appellatetribunal.

Thangamman Knit Garments vs. Employees ProvidentFund Organisation. 2019 LLR 1266 (Mad. H.C.)

Employees of the exempted and unexemptedestablishments are entitled to the benefit of enhancedpension on the basis of their contribution withreference to actual salary received by them to theirProvident Fund account.

R. Thyagarajan and Others vs. Central ProvidentFund Commissioner. 2019 LLR 1267 (Mad. H.C.)

While reducing or waiving of condition of pre-deposit,by passing a judicial order, the Tribunal must recordfacts and reasons thereof.

M/s. JBM Auto System Private Limited vs. RegionalPF Commissioner-II (C&R). 2019 LLR 1269 (Mad. H.C.)

Section 14B of the Act does not mandate thatdamages must follow in every default.

Assistant Provident Fund Commissioner vs. PresidingOfficer, EPF Appellate Tribunal, New Delhi andOthers. 2019 LLR 1271 (Mad. H.C.)

Relief of payment of determined amount of EPF dues,in instalments on the ground that company hasbecome sick and facing acute financial crisis, isappropriate.

M/s. Devarshola Tea Factory vs. The Assistant ProvidentFund Commissioner. 2019 LLR 1273 (Mad. H.C.)

Any order passed by judicial authority in violation ofprinciples of natural justice is not sustainable.

Builtech Foundations vs. The Assistant Provident FundCommissioner (C ) and Anr. 2019 LLR 1274 (Ker. H.C.)

LIC is not to be covered under Employees ProvidentFunds and Miscellaneous Provisions Act, 1952 since itis not engaged in general business.

Sr. Divisional Manager, L.I.C. of India and Anothervs. Employees Provident Fund Organization andOthers. 2019 LLR 1275 (All. H.C.)

Amount of pre-deposit of 75% may be waived off orreduced to any extent by the Authority consideringfacts and circumstances of the case.

M/s. Vijay Electricals Ltd. vs. E.P.F.O. throughCommissioner,Dehradun and Ors.2019 LLR 1277 (All.H.C.)

Mere closure of an establishment, covered under theEPF Act, 1952, would not get absolved from theliability of remittance of EPF contributions until thelawful closure is not effected and intimated to the EPFAuthority and due acknowledgement from thedepartment.

Bharat Varshya National Association vs. Asstt. P.F.Commissioner and Another. 2019 LLR 1278 (All. H.C.)

An appeal against order passed under Section 7-B (5) of the EPF Act, 1952 is maintainable is thereview order has been passed by considering themerits of the order passed under Section 7-A ofthe Act.

Chandra Shekhar Azad University of Agriculture andTechnology vs. Regional Provident Fund Commissioner-II, Kanpur and Another. 2019 LLR 1279 (All. H.C.)

In view of proviso to Rule 7(2) of the Rules prescribingspecific limitation, provisions of Rule 21 cannotfurther extend the period for filing of appeal.

M/s. Balaji Ginning Factory vs. Assistant Provident

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Fund Commissioner. 2019 LLR 1286 (Bom. H.C.)

EPF dues of defaulting employer are recoverable fromthird party if it holds money on behalf of defaultingemployer.

Sun Pharmaceutical Industries Ltd. vs. EmployeesProvident Fund Organisation & Anr. 2019 LLR 1291(Delhi H.C.)

To grant complete waiver from pre-deposit towardsadmission of appeal, as per Section 7-O of the EPF Act,1952, depends upon discretion of the Tribunal subjectto sufficient material.

Regional Provident Fund Commissioner vs. AhluwaiaContracts (India) Ltd. 2019 LLR 1133 (Delhi H.C.)

Delay beyond prescribed limitation is condonable ifthe assessment order and recovery certificate weresent by the EPF Authority at old address despitehaving received intimation in advance of the newaddress of the employer.

M/s. Seasons Furnishings Ltd. vs. Assistant ProvidentFund Commissioner, Delhi (E) and Anr. 2019 LLR 1140(Delhi H.C.)

While imposing interest upon the employer fordelayed remittance, EPF Authority has to deal with thecontentions of the employer as raised by him.

M/s. Wear Well India Pvt. Ltd. vs. Regional ProvidentFund Commissioner and Anr. 2019 LLR 1142 (Delhi H.C.)

Recalling of the attachment order would be justifiedwhen employer deposited agreed amount againstrecovery.

Sree Narayana Central School and Others vs. EmployeesProvident Fund Organisation and Others. 2019 LLR 1144(Ker. H.C.)

Employer is not entitled to seek refund of EPF dues inrespect of employees moved from one establishmentto another simply because employees have notclaimed such amount so deposited within a period of5 years.

Dharnanidara Spinning Mills Private Ltd. vs.Employees Provident Fund Organisation. 2019 LLR1145 (Mad. H.C.)

Employer can be allowed to pay EPF dues ininstallments because of financial crisis.

Alagappa Textiles (Cochin) Mills vs. The RegionalProvident Fund Commissioner. 2019 LLR 1156 (Ker. H.C.)

Pension Scheme 1971 and 1995 are distinct and nocomparative analysis between both the Schemes isproper since 1971 Scheme was mandatory in nature asit became applicable to all employees irrespective ofvoluntary membership of 1995 Scheme.

Board of Trustees of EPF Organisation vs. OfficialLiquidator and Others. 2019 LLR 1157 (M.P. H.C.)

It is for the EPF authority to decide that whether theemployee is entitled for pension and whetheremployer society is not covered under the EPF Act.

The Assistant Provident Fund Commissioner vs.Kishan Singh. 2019 LLR 1159 (M.P. H.C.)

When the government corporation defaulted in filingstatutory returns and later on went into liquidationleaving amount of employees undisbursed, EPFAuthority have enough powers to direct the concernedpersons to file returns to release the payment toemployees. Leniency by EPF Authority towards

government corporation is not permissible.Kshetriya Sangh Employees Association vs. RegionalProvident Fund Commissioner. 2019 LLR 1159 (M.P. H.C.)

For challenging an order passed by the EPF Authoritythe remedy is of filing of statutory appeal and not writpetition. EPF Appellate Tribunal may accept bankguarantee of 75% of awarded amount as pre-depositcondition for admission of appeal.

M.P. Housing Infrastructure Development Board vs.Regional Provident Fund Commissioner-II, Jabalpur.2019 LLR 1161 (M.P. H.C.)

Imposing damages and interest by EPF Authoritywithout giving reasons or discussing the justifiedcontentions raised by the employer, is not sustainable.

Uttar Bihar Gramin Bank vs. The Union of India andOthers. 2019 LLR 1162 (Pat. H.C.)

While passing an ex-parte order, it is primary duty of theEPF Authority that money recovered is for identifiedbeneficiaries.

M/s. Super Kisan Udyog vs. The Regional ProvidentFund Commissioner & Anr. 2019 LLR 1163 (Pat. H.C.)

Where the company has gone into liquidation,employees have to submit their claims to officialliquidator for onward submission by him to EPFO forpayment release.

Sadan Singh @ Sadan Singh & Ors vs. ShreeBhawani Cotton Mills Ltd. (in liquidation) & Ors.2019 LLR 1165 (P&H H.C.)

Delayed deposit of misappropriated amount or EPFdues makes out no ground for quashing FIR.

Gian Prakash Bhandari and Another vs. State ofPunjab and Others. 2019 LLR 1166 (P&H H.C.)

Corporation is entitled to file objections to showcause notice and the EPF Authority is underobligation to consider the objection beforeproceeding further in the matter.

Deputy General Manager, Karnataka StateFinancial Corporation vs. Assistant ProvidentFund Commissioner & Recovery Officer. 2019 LLR1169 (Kar. H.C.)

If the employer does not make any effort before theTribunal for disposal of his stay application, then theEPF Authority is at liberty to initiate recovery of theEPF dues immediately in accordance with law.

Sri Mallikarjun Revannasiddayya Kudalmath vs.The Assistant Provident Fund Commissioner andAnr. 2019 LLR 1170 (Kar. H.C.)

The EPF Authority cannot scuttle and violate the rightof defaulting employer to have access to justice bypassing attachment order immediately afterassessment order.

Mariswamy Sharavathi Gas Services vs. TheRegional Provident Fund Commissioner. 2019 LLR1171 (Kar. H.C.)

Pending appeal before tribunal, order of attachmentof bank account of employer is liable to set aside.

M/s. Scorpian Security Ltd. vs. The RegionalProvident Fund Commissioner - II (C&R). 2019 LLR1172 (Kar. H.C.)

When 7-A proceedings are conducted arbitrarily,employer can seek relief from High Court by filing writpetition.

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Chromous Biotech Pvt. Ltd. vs. Employees ProvidentFund Organisation & Another. 2019 LLR 1173 (Kar. H.C.)

When the employer has already deposited EPF dues interms of Section 1 (4) of the EPF Act, it shall continue todeposit even if number of employees falls below 20.

Regional Provident Fund Commissioner vs. M/s.Shivdeep Industries Ltd. 2019 LLR 1176 (Raj. H.C.)

Damages imposed under Section 14-B of the EPF Act,1952 may be reduced on the basis of facts andcircumstances including mitigating circumstances toany extent.

Rajasthan Shiksha Karni Board vs. AssistantProvident Fund. 2019 LLR 1178 (Raj. H.C.)

Members of the pension scheme of exemptedestablishments are also entitled to higher pension onthe basis of payment of EPF contributions.

Bhartiya Khadya Nigam Karamchari Sangh and Anr.vs. Union of India & Ors. 2019 LLR 1024 (Delhi H.C.)

EPF Appellate Tribunal is empowered to reduce the damagesas imposed by the EPF Authority under Section 14-B of theEPF Act.

Assistant Provident Fund Commissioner, Delhi vs.M/s. Tobu Enterprises. 2019 LLR 1034 (Delhi H.C.)

EPF Appellate Tribunal is empowered to waive off thedamages on the ground that establishment wasdeclared sick industry by BIFR and its revival later onwould not be of any effect.

Govind Glass & Industries Limited vs. The Chairman,Central Board of Trustees & Ors.2019 LLR 1035 (Delhi H.C.)

EPF dues determined under Section 7-Q of the Actmay be allowed to be deposited in installmentsconsidering the financial crisis on the part of theemployer.

Sathyadhara Communications (P) Ltd. vs. The Asst.Provident Fund Commissioner Employees ProvidentFund Organization and Anr. 2019 LLR 1036 (Ker. H.C.)

Deposit of arrears of EPF dues may be allowed to bepaid in installments by the High Court or Tribunalkeeping in view the sufficient reasoning thereto.

Traco Cable Company Ltd. vs. Regional ProvidentFund Commissioner Employees Provident FundOrganization and Anr. 2019 LLR 1037 (Ker. H.C.)

EPF Appellate Tribunal is empowered to reduce orwaive off condition of pre-deposit of 75% of the pre-deposit at the time of admission of appeal,considering facts and circumstance of the case.

M/s. Aishwarya Feeds vs. Asstt. Provident FundCommissioner. 2019 LLR 1037 (Mad. H.C.)

Payment of EPF dues may be allowed to be remitted ininstallment on the ground of financial crisis being faced bythe employer.

M/s. Devarshola Tea Estate vs. Asstt. Provident FundCommissioner. 2019 LLR 1038 (Mad. H.C.)

When the tribunal is on leave, writ petition against theEPF authority order can the admitted.

M/s. Hatsun Agro Product Ltd. vs. Regional PFCommissioner-I, E.P.F.O., Vellore. 2019 LLR 1040 (Mad. H.C.)

Without exhausting remedy before appellate tribunal,writ is not maintainable.

C.D. Steel Pvt. Ltd. vs. Assistant Provident FundCommissioner and Ors. 2019 LLR 1042 (Cal. H.C.)

Section 11(2) of the EPF Act, 1952 creates first chargeon assets of establishment not only to the amountdetermined under Section 7-A and 14-B but interestunder section 7-Q of the Act also.

Employees Provident Fund Organization vs. M/s. VeeKay Fibres Ltd. 2019 LLR 1045 (P&H H.C.)

If it is proved on record to the satisfaction of the Courtthat the compliance of the order of court is underprocess and compliance would be completed in ashort span of time, the contempt proceedings may notbe initiated against the defaulter (s).

Bhawanigarh Paledar Mazdoor Dal vs. K.S. Pannuand Others. 2019 LLR 1047 (P&H H.C.)

When the transferee employer is paying EPFcontributions for the last more than one year, thetransferor employer cannot be held liable for defaultin remittance of EPF dues at a later stage.

Rajasthan Rajya Sahakari Awasan Sangh Ltd. vs.Regional Provident Fund Commissioner. 2019 LLR1048 (Raj. H.C.)

Past service and past service pensionable are twodifferent terms. Employees Pension Scheme 1995reflects formula for calculation of past servicepensionable as per Para 12 (3) (c) of the Scheme andnot as per Para 12 (3) (a) or (b) of the Scheme.

Agarchand Bhansali vs. The Assistant ProvidentFund Commissioner. 2019 LLR 1051 (Raj. H.C.)

When the EPF Appellate Tribunal is not functioning,the aggrieved employer may seek relief by filing writpetition before the Writ Court.

Life Insurance Corporation of India and Another vs.Asstt. Commissioner of P.F., Ernakulam. 2019 LLR 1054(Cal. H.C.)

Any relief granted by the Court subject to anycondition may be withdrawn if the condition is notfulfilled by the party concerned.

The Regional Provident Fund Commissioner vs.Retired Police Officer's Security Bureau. 2019 LLR 1055(Kar. H.C.)

Recovery of EPF dues only by issuing a notice to thateffect by any coercive action, without hearing theemployer concerned in respect of his objections, ifany, raised by him, is not proper.

Deputy General Manager, Karnataka State FinancialCorporation vs. Asstt. Provident Fund Commissioner& Recovery Officer. 2019 LLR 1056 (Kar. H.C.)

Remittance of EPF dues in installments as an exceptionalcase due to financial difficulties is proper to meet the endsof justice.

M/s. VADIM Infrastructure Private Limited vs.Employees' Provident Fund Organisation & Ors. 2019LLR 1056 (Mad.H.C.)

Writ petition is not maintainable if the alternativeefficacious remedies are not exhausted.

Ginish Kumar V.N. and Others vs. Assistant ProvidentFund Commissioner & Anr. 2019 LLR 905 (Ker. H.C.)

Director of a company is not principal employer orowner for the purpose of compliance under EPF Act.Prosecution against director to be quashed.

Supreme Paper Mills Limited & Ors. vs. The State ofWest Bengal & Anr. 2019 LLR 906 (Cal. H.C.)

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Nominee can claim the amount but he is underobligation to make over the entire amount to the legalheirs of the deceased proportionately.

Smt. Arati Ballav vs. State of West Bengal & Ors. 2019LLR 910 (Cal. H.C.)

Payment of arrear of EPF dues may be allowed to bepaid in installments.

P. Unnikrishnan Nair vs. Assistant Provident FundCommissioner & Anr. 2019 LLR 912 (Ker. H.C.)

It is not open to the employer to challenge show causenotice to deposit damages and interest for delay indeposit by blaming the bank for the delay. If default ison the bank, the employer can proceed against thebank.

M/s. Minda Industries Limited vs. The RegionalProvident Fund Commissioner & Anr. 2019 LLR 912(Mad. H.C.)

Writ against the order of EPF Authority under Section7-A is maintainable when either the Presiding Officerof the EPF Appellate Tribunal is not appointed or postis lying vacant.

M/s. Arya Model High School vs. Union of India andOthers. 2019 LLR 913 (P&H H.C.)

EPF Appellate tribunal while passing its order have toconsider all contentions of the parties.

Regional Provident Fund Commissioner vs. WesternAbrasive Industries Pvt. Ltd. & 1 Ors. 2019 LLR 915(Guj. H.C.)

Section 14-B of EPF Act is constitutionally valid.Manish Organics India Ltd. vs. Employees' ProvidentFund Organisation. 2019 LLR 917 (Guj. H.C.)

EPF Authority is empowered to make enquiry underSection 7A of the Act to ascertain the applicabilityupon the employees of the bank.

Sanmitra Urban Cooperative Bank Ltd. and Othersvs. Assistant Provident Fund Commissioner andOthers. 2019 LLR 919 (Bom. H.C.)

Delay of about 6 years in filling the writ petition iscondonable since the delay was bonafide.

The Central Government Trustees vs. JagadambaAnusuchit Jati Shetakari Vinarki Sahakari SootGirni Niyamit and Ors. 2019 LLR 929 (Bom. H.C.)

Writ petition needs not to be pressed if the Tribunalhas already finally heard the relevant industrialdispute.

The Central Government Trustees and Anr. vs. DelStar Pvt. Ltd. 2019 LLR 930 (Bom. H.C.)

Paragraph 10 of the Scheme conveys that pensionableservice is to be taken in terms of years and not in terms ofmonths.

Shri Vikram vs. The Commissioner, Employees ProvidentFund Organisation & Anr. 2019 LLR 931 (Bom. H.C.)

CGIT is empowered in terms of Rule 21 of the EmployeesProvident Fund Appellate Tribunal (Procedure) Rules,1997 to impose any justified condition upon theappellant-employer while granting stay of theimpugned order of recovery.

Spentex Industries Ltd. vs. Assistant Provident FundCommissioner. 2019 LLR 935 (M.P. H.C.)

Employees are entitled to enhance pension on thebasis of their contributions with reference to actual

salary received by them. Cut off date 01.12.2004 isinvalid in law.

R. Baskaran vs. Regional Provident FundCommissioner. 2019 LLR 936; Thirupathy V.K. andOthers vs. Central Provident Fund Commissionerand Others. 2019 LLR 799 (Mad. H.C.)

Employees, drawing pension under EPF Scheme,would also be entitled to regular departmentalpension, declared later on if they were onpensionable posts before/on the date of retirementand if they were not given opportunity to exerciseoption as if they want regular departmental pensionor EPF Pension.

Subhash Chandra Gautam vs. State of U.P. andOthers. 2019 LLR 937 (All. H.C.)

Enforcement Officer is not empowered to determineamount of EPF contributions, damages or interest.

Sri Durgaoarameshwari vs.Enforcement Officer,EmployeesProvident Fund Organization. 2019 LLR 943 (Kar. H.C.)

An employee would be entitled for pension from thedate when he opts for pension.

Om Prakash Vijayvargiya & Others vs. TheEmployees Provident Fund Organisation andOthers. 2019 LLR 781 (M.P. H.C.)

Delay in releasing the EPF dues to the member ofthe EPF Scheme may attract interest and penalinterest.

Budhmal Jain vs. Employees Provident FundOrganisation and Others. 2019 LLR 785 (M.P. H.C.)

Order of the appellate tribunal can only bechallenged by the board and not the RegionalProvident Fund Commissioner.

Regional Provident Fund Commissioner vs. M/s.B.P. Trading. 2019 LLR 786 (Pat. H.C.)

An order passed by the EPF Authority is liable to beset aside if the applicability of the Act is madewithout preparing detailed list of employeesindicating exact strength of employees.

The Central Board of Trustees through AssistantProvident Fund Commissioner vs. M/s. Gee PeeFurniture (New). 2019 LLR 787 (Pat. H.C.)

An order passed by EPF Authority, withoutidentification of beneficiaries, only recording thatemployer has failed to provide details or amountspent on goods or wages of employees, is notsustainable.

M/s. Bharat Sanchar Nigam and vs. The AssistantRegional Provident Fund Commissioner, Bhagalpur.2019 LLR 791 (Pat. H.C.)

Non-mentioning of provisions of law under whichthe review application is filed is not fatal.

M/s. Kumaon Motors Owners Union Ltd. vs.Recovery Officer, Employees' Provident FundOrganisation. 2019 LLR 795 (Uttar. H.C.)

Writ petition against the order of the EPF Authorityis maintainable if the Presiding Officer of theconcerned EPF Appellate Tribunal is on leave.

Jay Hotels & Resorts vs. The Regional P.F. Commissioner,Madurai & Others. 2019 LLR 797 (Mad. H.C.)

Amount of assessed damages may be allowed to beremitted in instalments if the employer is facingfinancial crisis and ready to pay the amount.

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Earth Trust,Rep.By its Trustee vs.Assistant Provident FundCommissioner,Coimbatore and Anr.2019 LLR 799 (Mad.H.C.)

When remedy of appeal is available before appellatetribunal, direct writ in high court is not maintainable.

M/s. Shakti Transport vs. Assistant Provident FundCommissioner (Compliance) and Anr. 2019 LLR 801(Mad. H.C.)

An order passed under Section 8-Q of the Act withoutprior notice to the employer or giving him anopportunity of hearing, is liable to be set aside sinceservice of prior notice is mandatory.

M/s.A2295 the Madurai Co-operative Printing Works Ltd.vs.The Regional Provident Fund Commissioner. 2019 LLR 802(Mad. H.C.)

Passing an ex-parts order on the first date of hearingis violation of principles of natural justice.

M/s. ADEMS (KIDC Contract) vs. R.P.F.Commissioner-II, Nagercoil. 2019 LLR 802 (Mad. H.C.)

Once an interim order is passed by the AppellateTribunal, staying the operation of the impugned orderunder challenge, without any condition, modificationof that order imposing any condition, withoutbringing any new fact or change of circumstances onrecord, is not tenable.

T.N. Theological Seminary, Madurai vs. Asstt. P.F.Commissioner, Madurai. 2019 LLR 804 (Mad. H.C.)

If the employer had not challenged order passedunder Section 7-A of the EPF Act, 1952, by theauthority, his writ petition against the recovery orderis not maintainable.

M. Abdul Gaffoor vs. Regional Provident FundCommissioner and Others. 2019 LLR 805 (Mad. H.C.)

Writ Court while disposing of writ petition for writappeal is concerned only with the order of theTribunal and not to consider the merits of the case.

Shriram Rayons vs. The Regional Provident FundCommissioner, Kota. 2019 LLR 807 (Raj. H.C.)

Writ petition against the order of EPF Authority ismaintainable if the concerned EPF Appellate Tribunal isnot functioning.

Sri Renukacharya Education Society (R) vs. Asst.Provident Fund Commissioner & Another. 2019 LLR809 (Kar. H.C.)

When the concerned EPF Appellate Tribunal is notfunctioning, order of the EPF Authority ischallengeable by filing writ petition before the HighCourt.

M/s. Metcut Toolings (P) Ltd. vs. The Regional ProvidentFund Commissioner-I. 2019 LLR 810 (Kar. H.C.)

Regional Provident Fund Commissioner has no locusstandi to challenge the order of EPF AppellateTribunal since it cannot be said to be an aggrieved bythe order of EPF Appellate Tribunal.

The Regional Provident Fund Commissioner vs. M/s.Gogte Textiles Ltd. 2019 LLR 811 (Kar. H.C.)

Principal employer is liable to remit EPF dues inrespect of labour engaged through contractors eitherby itself or through concerned contractors who waseven having independent EPF Code number.

Ansal Housing & Construction Limited vs. RegionalProvident Fund Commissioner-II, Delhi. 2019 LLR 812;2019 II CLR 772 (Delhi H.C.)

Employees' Provident Fund Scheme is a "service" anda member is "consumer" under the ConsumerProtection Act.

Employees Provident Fund, Gwalior vs. SaraswatiUcchattar Madhyamik Vidhyalaya, Guna. 2019 (161)FLR 983 (M.P. H.C.)

Payments made by the employer to the deposit collectorsin the form of monetary terms, named as 'wages', or'commission' for collecting deposits from other persons tobe kept in Bank, is covered by the term "wages" under theEPF Act.

South Malabar Gramin Bank, Malappuram vs.Regional Provident Fund Commissioner, Kozhikode &Ors. 2019 II CLR 459; 2019 LLR 457 (Ker. H.C.)

Delay in filing appeal may be condoned by high courtsubject to deposit of full determined amount andproving on merit that the employer did not receive theorder of the authority in time.

M/s. Shetkar Shikshan Prasarak Mandal vs.Employees Provident Fund Organisation and Ors. 2019LLR 651 (Bom. H.C.)

Order of the EPF Authority without considering theplea of employer is not sustainable.

M/s. Sweeptech vs. Assistant Provident FundCommissioner. 2019 LLR 652 (Bom. H.C.)

Any order passed by the judicial authority withoutgiving reasons thereto, is not sustainable.

The Central Board of Trustees, E.P.F. vs. M/s. ShetkarShikshan Prasarak Mandal. 2019 LLR 654 (Bom. H.C.)

An order passed by the EPF Authority withoutidentification of beneficiaries, is not sustainable.

The Central Board of Trustees, E.P.F. vs. M/s. PatalEngineering Ltd. 2019 LLR 655 (Bom. H.C.)

When no employees remained member of the Trustsince all had left and withdrawn EPF accumulation,challenge to cancellation of exemption would becomeinfructuous.

M/s. International Combustion (India) Ltd. vs.Regional Provident Fund Commissioner-1, Kolkataand Others. 2019 LLR 656 (Cal. H.C.)

In the absence of any exceptional reasons challenge toshow cause notice under Section 7A is notmaintainable.

Hemani Industries Limited vs. Asstt. Provident FundCommissioner. 2019 LLR 657 (Guj. H.C.)

Writ appeal is not sustainable in the absence ofsufficient reasons as to why the reasons given by theEPF lower courts, as recorded, are non-germane orwithout jurisdiction or arbitrary or perverse, in anymanner.

Regional Provident Fund Commissioner & 1 Other vs.Managing Director Parsuram Pottery Works Co. Ltd.2019 LLR 658 (Guj. H.C.)

Recovery Officer has got no power to interfere withdetermined amount under Section 7-A of the EPF Act, 1952.

Kalu Ram Modi Memorial Vananchal Inter College,Giridih vs. Recovery Officer, EPFO, Regional Office,Ranchi and Others. 2019 LLR 659 (Jhar. H.C.)

For payment of 75% or any other amount as orderedby the Appellate Tribunal may be allowed to bedeposited in easy installments by the petitioner/appellant-employer for admission of the appeal.

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Manglam WEB Media Pvt.Ltd.vs.The Assistant ProvidentFund Commissioner & Anr. 2019 LLR 660 (Ker. H.C.)

For payment of EPF contributions, if the employer seekssome time to pay the same, granting him reasonable time isappropriate.

John Zachariah, The Deputy Court Receiver vs. TheAssistant Provident Fund Commissioner. 2019 LLR 661(Ker. H.C.)

Scope of review does not include re-appreciation ofevidence and rehearing of case without there beingany error apparent on the face of the record is notpermissible in view of provisions of Section 114 andOrder 47 Rule 1 of CPC.

Regional Provident Fund Commissioner vs. Smt.Sushila Devi Kashyap. 2019 LLR 662 (M.P. H.C.)

Order of the EPF Authority passed without supplyingthe copy of the report to the employer is liable to beset aside.

M/s. Parthas Textiles vs. The Regional ProvidentFund Commissioner. 2019 LLR 666 (Mad. H.C.)

Period of delay is to be counted from the date orknowledge of the order to the date of filing of appealand not to the filing of writ petition.

M/s. Deccan Enterprises vs. The Employees ProvidentFund Appellate Tribunal. 2019 LLR 667 (Mad. H.C.)

The EPF Authority has to return the records recoveredfrom the petitioner and seized by it and also to issue acopy of report on the basis of which impugned orderhas been passed.

M/s. Satyam College of Engineering & Technology vs.Assistant Provident Fund Commissioner. 2019 LLR 668(Mad. H.C.)

Levy of damages under Section 14-B of the EmployeesProvident Funds and Miscellaneous Provisions Act,1952 without considering mens rea on the part ofemployer, is not sustainable.

M/s. Indian Foods Private Ltd. vs. Assistant ProvidentFund Commissioner. 2019 LLR 670; M/s. Anna Co-Operative Spinning Mills Ltd. vs. EmployeesProvident Fund Appellate Tribunal and Another. 2019LLR 671 (Mad. H.C.)

When identification of employees has been made bythe EPF Authority, the EPF dues deposited have to becredited to the account of the respective beneficiaries.

Bihar College of Pharmacy vs. The EmployeesProvident Fund Appellate Tribunal and Others. 2019LLR 674 (Pat. H.C.)

Once admitted the employment of 20 employees bythe school principle having sent the coverageproforma cannot be denied later on.

Ram Krishna Residential High School vs. The RegionalProvident Fund Commissioner and Others. 2019 LLR 676(Pat. H.C.)

The partners of a firm responsible for conductingbusiness of the firm may face criminal prosecution onaccount of non-filing of statutory and mandatoryreturns within prescribed limitation.

Ashok Mehra vs. Enforcement Officer, EmployeesProvident Fund Organization. 2019 LLR 678 (P&H H.C.)

Only on the basis of report of Enforcement Officer,applicability of the Act upon the apprentices withoutrecording evidence of the concerned apprentices isnot proper.

M/s. Diamond Shipping Agencies vs. The EmployeesProvident Fund Appellate Tribunal and Another. 2019 LLR680 (Mad. H.C.)

When the ratio of employee to the apprentices is 1:3,such employees in the guise of apprentices is notbonafide, hence liable to be covered under EPF Act.

M/s. Kumar Spinning Mills Pvt. Ltd. vs. TheEmployees Provident Fund Appellate Tribunal. 2019LLR 683 (Mad. H.C.)

One an establishment is covered under the Act, itwould remain covered continuously irrespective ofreduction in number of employees below 20.

Robinson vs. The Regional Provident FundCommissioner. 2019 LLR 685 (Mad. H.C.)

Before finalizing representation of the employerregarding correction of calculation error, attachmentof bank account for recovery of determined amountfrom the employer is not proper.

Dr. Somervell Memorial CSI Medical College andHospital vs. The Employees Provident Fund AppellateTribunal and Others. 2019 LLR 687 (Ker. H.C.)

Pre-deposit of 75% of the determined amount as perSection 7-O of the EPF Act is not required when theappeal is against the order passed under Section 14-Bof the Act.

Amazon Seller Services Pvt. Ltd. vs. EmployeesProvident Fund Organisation. 2019 LLR 688 (Kar. H.C.)

Amendment in memo of appeal is permissible if it willnot change the nature of appeal.

M/s. Constaccent Consultancy Pvt. Ltd. vs. AssistantProvident Fund Commissioner. 2019 LLR 689 (Bom. H.C.)

The power to recover damages under Section 14-B isdiscretionary.

Regional Provident Fund Commissioner, E.P.F.O. vs.Presiding Officer, E.P.F.A. Tribunal and Another. 2019 LLR690 (Mad. H.C.)

EPF Authority cannot prefer writ petition against theorder of the EPF Appellate Tribunal.

Employees' Provident Fund Organisation, Ranchi vs.D.A.V. Nandraj Public School, Ranchi and Others. 2019LLR 692 (Jhar. H.C.)

In the absence of mens rea, a mandatory requirement,imposition of damages by EPF Authority upon theemployer-establishment is not sustainable.

Confident Security Agency & Anr. vs. Union of India &Ors. 2019 LLR 695 (Cal. H.C.)

Pension to an employee is to be paid to the employeeas per clause 11, 16A and 17A of the Pension Schemel1995, calculated on actual salary and not on salarycap of Rs. 6500 per month.

R. Veeraswamy vs. The Regional Provident FundCommissioner. 2019 LLR 698 (Mad. H.C.)

Operation of the Order passed by EPF Authority underprovisions of EPF Act, may be stayed depending uponthe facts of the case and when the Appellate Tribunalfor disposal of appeal is not functioning.

M/s. Qualcomm India Private Limited vs. The RegionalProvident Fund Commissioner-1, Bangluru. 2019 LLR 701(Kar. H.C.)

An establishment will not fall under the category of"exempted establishment" till a specific order ispassed by the appropriate authority in this respect.

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Employees Provident Fund Organisation vs.Employees Provident Fund Appellate Tribunal, NewDelhi & Ors. 2019 LLR 703 (All. H.C.)

A person is an employee, coverable under Section 2 (f)of the EPF Act, if he does some work which is ancillary,incidental or has relevance to, or a link with the objectof the establishment.

M/s. Makkar Medical Centre vs. Govt. of India ThruSecy. Labour & Anr. 2019 LLR 704 (All. H.C.)

Rejection of condonation of employer's absence onone day is not appropriate when the employer hadbeen appearing in past on all dates.

Alona Silks and Others vs. Enforcement Officer,Employees Provident Fund Organisation & Anr. 2019LLR 705 (Ker. H.C.)

Recovery of EPF contributions pending decision inrespect of challenge to the notifications/circularsissued by the Department by filing writ petition, byway of attachment of bank account or otherwise, isnot appropriate.

M/s. Honda Access India Private Limited vs. Union ofIndia and 3 Others. 2019 LLR 706 (All. H.C.)

Levy of damages under Section 14-B of the EPF Act,1952, without establishing mens rea/actus reus on thepart of employer is not sustainable.

Central Board of Trustees vs. Dentsu Marcom Pvt.Ltd. 2019 LLR 181 (Delhi H.C.)

It is for the employer to produce records foridentification of beneficiaries.

M/s. Vardhaman Construction vs. Regional ProvidentFund Commissioner-II, Akola. 2019 LLR 183 (Bom. H.C.)

Show cause notice issued by PF Authority cannot bechallenged through writ.

PGIMER vs. Regional Provident Fund Commissioner-I, Chandigarh. 2019 LLR 186 (P&H H.C.)

Applicability of the Act cannot be determined underSection 7-A of the Act, where only determination ofquantification of contribution is done.

The Regional Provident Fund Commissioner-II vs.The Employees Provident Fund Appellate Tribunaland Another. 2019 LLR 188 (P&H H.C.)

By the amendment under para 72(6) of EPF Scheme witheffect from 11.11.2016, the employee is entitled for intereston the amount lying to his credit in inoperative account.

M.V. Ramakrishnan vs. The Provident FundCommissioner. 2019 LLR 190 (Mad. H.C.)

Trainee Nurses are not 'employees' under EPF Act,attracting of contributions by the establishmentproviding them training.

Sivagiri Sree Narayana Medical Mission HospitalVarkala vs. Regional Provident Fund Commissioner.2019 LLR 193 (Ker. H.C.)

Process of enquiry under Section 7-A cannot be stalledunder writ jurisdiction.

Updater Services Pvt. Ltd. vs. Regional AssistantProvident Fund Commissioner. 2019 LLR 203 (Mad. H.C.)

Delay beyond the prescribed limitation in filing of appealagainst the order of the EPF Authority is not condonable.

M/s. Thrupathi Enterprises vs. The Assistant ProvidentFund Commissioner. 2019 LLR 207 (Kar. H.C.)

When the contractor neither appeared before EPF

Authority despite sufficient opportunity granted, noradvanced arguments before EPF Appellate Authority, noleniency could be shown to him in writ petition.

Mr. G. Mastanaiah, Contractor vs. The EmployeesProvident Fund Organisation. 2019 LLR 209 (Kar. H.C.)

Though the Act does not employ expression "Unduehardship", however discretion by tribunal cannot bearbitrary or whimsical or unguided in respect of waiver ofpre-deposit condition before appeal under Section 7-O ofthe EPF Act.

Gondwana Engineering Private Limited vs. AssistantProvident Fund Commissioner, Provident FundOrganisation. 2019 LLR 210 (Bom. H.C.)

Compliance of condition of pre-deposit under Section 7-Oof the EPF Act is mandatory.

M/s. TIMES Press Pvt. (DEFUNC) vs. TheProvident Fund Appellate Tribunal & Anr. 2019LLR 212 (Delhi H.C.)

EPF dues may be recovered in installments because ofdire financial straits.

N.P. Construction vs. Employees Provident FundOrganisation and Others. 2019 LLR 213 (Jhar. H.C.); K.A.Gopinathan and Others vs. Employees Provident FundCommissioner and Others. 2019 LLR 217 (Ker. H.C.)

Before disposal of application filed under Section 7B ofthe EPF Act, 1952, recovery proceedings are notsustainable.

M/s. Cobra Industrial Security Force (I) Ltd. vs.Employees Provident Fund Organisation and Another.2019 LLR 216 (Jhar. H.C.)

EPF dues may be recovered in installments because ofacute financial crisis.

Dr. C, Bharath Chandran vs. The Regional ProvidentFund Commissioner. 2019 LLR 218 (Ker. H.C.)

When stay of recovery order is already granted in othercases, the same relief granted in another similar case isjustified.

M/s. Seva Switch Gear Pvt. Ltd. vs. The AssistantProvident Fund Commissioner (C&R), Benguluru. 2019LLR 219 (Kar. H.C.)

When in one unit at Jabalpur of the samemanagement the Supreme Court has made theapplicability of the Employees' Provident Funds andMiscellaneous Provisions Act, 1952 effectiveprospectively from 01.04.1999, as justified, theapplicability of the Act in another at Muzaffarpur tobe effective from 01.04.1999 is justified.

Central Board of Trustees, EPFO vs. M/s. MahilaGrih Udyog Lijjat Papad, Muzaffarpur. 2019 LLR 220(Pat. H.C.)

When contractor is having its own PF code No., principalemployer cannot be directed for compliance in respect ofcontributions deposit of contract labour in its EPF Trust.

Bharat Heavy Electricals Ltd. vs. Regional ProvidentFund Commissioner-II (Exemption) and Ors. 2019 LLR307 (Delhi H.C.)

When the appellate authority set aside the order of PFAuthority and reduced the damages levied by him,which was further challenged by central board of EPF,the matter should go back to PF authority for decidingafresh after recording evidence and reasons.

The Central Board of Trustees EPF vs. M/s. WaspPumps Pvt. Ltd. 2019 LLR 309 (Bom. H.C.)

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Challenging show cause notice for participation in theenquiry by filing writ petition is not maintainable.

SIFY Technologies Ltd. vs. Regional Provident FundCommissioner-1. 2019 LLR 311 (Mad. H.C.)

An employer facing financial crisis may be allowed toremit the EPF dues in installments.

M/s. Chowel India Private Limited vs. The RegionalProvident Fund Commissioner-II, Chennai. 2019 LLR 315(Mad. H.C.)

Challenge to show cause notice by PF authority underSec. 7-A is not maintainable.

Renault Nissan Technology & Business Centre IndiaPvt. Ltd. vs. Regional Provident Fund Commissioner-II(C&R), Chennai. 2019 LLR 317 (Mad. H.C.)

Limitation, within which an application or appeal is tobe filed against any order, is to be calculated from thedate of receipt of that order and not from the date ofthat order.

Pratik Educational and Welfare Trust and Another vs.Employees Provident Fund Organisation. 2019 LLR 321(Pat. H.C.)

Power of authority to attach the property ofdefaulting employer is not absolute under EPF Act.

Mariswamy Sharavathi Gas Services vs. TheRegional Provident Fund Commissioner & Anr. 2019LLR 322 (Kar. H.C.)

When outsourced employees are paid directly by theprincipal employer, they will be treated employees ofthe principal employer under EPF Act for compliance.

Partha Sarathi Saha (Proprietor of Sri KrishnaAutomobiles) vs. Assistant Provident Fund Commissioner.2019 LLR 325 (Delhi H.C.)

Bank is not under any legal obligation to hold theamount of the employer when statutory appeal ispending before the EPF Appellate Tribunal.

M/s. Decathlon Sports India Private Limited vs. TheRegional Provident Fund Commissioner-I, Bengaluruand Another. 2019 LLR 334 (Kar. H.C.)

Coverage of an establishment under the EPF Act on thebasis of certain documents obtained from third partyneither shown nor given proper opportunity of hearingby supplying copies of such relevant documents to theestablishment to be covered is not sustainable sincesuch an act of the EPF Authority is breach of principlesof natural justice.

Regional P.F. Commissioner, Ranchi vs. M/S.Madhusthalividya Peeth, Deoghar. 2019 LLR 336(Jhar. H.C.)

Assessment of EPF dues by EPF Authority under Section 7-A of the Act without identification of beneficiaries notsustainable.

M/s. Topline Associates vs. The Assistant ProvidentFund Commissioner. 2019 LLR 337 (Mad. H.C.)

When the proceedings are initiated after 12 years inrespect of contract labours, PF authority is bound tomake sincere efforts to identify the real beneficiariesand summon contractors before thrusting the liabilityon principal employer.

Central Board of Trustees vs. M/s. StandingConference of Public Enterprises (Scope). 2019 LLR 346(Delhi H.C.)

The EPF Appellate Tribunal is empowered to waive of

or reduce the pre-deposit of 75% of the determinedamount as provided under Section 7-O of the Act, bypassing a speaking order recording reasons thereto.

The Assistant Provident Fund Commissioner,Tirunelveli vs. The Presiding Officer, EPF AppellateTribunal, New Delhi & Anr. 2019 LLR 353 (Mad. H.C.)

The EPF Appellate Tribunal ought not to have passedanother order deciding the same appeal.

Central Board of Trustees (EPF) vs. M/s. NancyKrafts. 2019 LLR 445 (Delhi H.C.)

If the judgment of which review petition is soughtdoes not suffer from any error apparent warranted itsconsideration, review petition would not sustain.

Smt. Vijay Baijal vs. Regional Provident FundCommissioner, Jaipur. 2019 LLR 447 (Raj. H.C.)

Recovery of EPF dues cannot be made withoutinitiating 7-A proceedings.

M/s. Usha Martin Ltd. vs. Employees Provident FundOrganization. 2019 LLR 449 (Jhar. H.C.)

Writ petition challenging the order of the EPFAuthority is maintainable if the concerned EPFTribunal is not having Presiding Officer.

M/s. The Church of South India vs. The EPFOrganisation etc. 2019 LLR 452 (Kar. H.C.)

Damages cannot be effected without establishing theelement of intention and deliberate delay on the part ofemployer.

Assistant Provident Fund Commissioner vs. M/s.Mohanti English Medium School & Anr. 2019 LLR 453(Chht.garh H.C.)

Remittance of EPF dues in instalments on account offinancial crisis is permissible being realistic in regardto the practical difficulties since entire crops weredestroyed by the flood.

Elstone Tea Estate vs. The Regional Provident FundCommissioner, Kerala. 2019 LLR 454 (Ker. H.C.)

Without ascertaining willful and deliberate delay onthe part of employer while depositing EPF dues, theimposition of damages is not justified by the EPFAuthority.

Employees' Provident Fund Organisation Kozhikodevs. Bhagwati Textiles Ltd. and Another. 2019 LLR 455(Ker. H.C.)

An order passed by incompetent authority is notsustainable.

Indus Motor Company Private Limited vs. Employees'Provident Fund Organization etc. 2019 LLR 456 (Ker. H.C.)

Order, without considering documents submitted byemployer, cannot be sustained.

N. Krishnan (Died) and Others vs. The EmployeesProvident Fund Appellant Tribunal, New Delhi. 2019LLR 461 (Mad. H.C.)

An order passed by the Tribunal thereby reducing thepre-deposit of 75% as per Section 7-0 of theEmployees, Provident Funds and MiscellaneousProvisions Act, 1952, of the determined amount to40% without recording reasons thereof is notsustainable.

Rohlig India Pvt. Ltd. vs. Assistant Provident FundCommissioner, EPFO, Chennai. 2019 LLR 462 (Mad. H.C.)

EPF Authority has to supply copies of the documentsas required by the employer which are in its

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possession within a reasonable time and withinprescribed limitation.

M/s. Satyam College of Engineering & Technology vs.Assistant Provident Fund Commissioner, Nagercoil. 2019LLR 463 (Mad. H.C).)

Only on the ground of absence of mens rea, order forimposition of damages is not liable to be dismissedwhen liability under section 7A of the Act is not indispute.

M/s. D.R. Textiles and Garments vs. The AssistantProvident Fund Commissioner, Kanyakumari. 2019 LLR464 (Mad. H.C.)

Under Section 7-O of the EPF Act, 1952, the EPFAppellate Tribunal is empowered to waive of or reducethe pre-deposit of 75% of the determined amount bypassing a speaking order recording reasons thereto.

M/s. Young Brand Apparel Pvt. Ltd. vs. The RegionalProvident Fund Commissioner, Vellore. 2019 LLR 464(Mad. H.C.)

EPF Authority has no locus to challenge the validity ofan order passed by Tribunal after an unexplaineddelay of over one year.

The Regional Provident Fund Commissioner vs.Hindustan Zinc Limited. 2019 LLR 466 (Raj. H.C.)

Issue of mens rea is determinative factor for decidingquantum of damages.

Dentsu Marcom Pvt. Ltd. vs. Central Board ofTrustees, Through Assistant P.F. Commissioner Delhi(South). 2019 LLR 469 (Delhi H.C.)

EPF Authority under Section 7-A of the Act, is requiredto examine issues in objective manner at least withregard to number of persons employed forapplicability of the Act.

Assistant Provident Fund Commissioner, Patna vs.M/s. Sri Satya Vidya Vihar. 2019 LLR 552 (Pat. H.C.)

Writ petition not maintainable when alternate remedyof appeal is available.

Ajit Associates Architectural Consultants Pvt. Ltd. vs.The Assistant Commissioner of Provident Fund,Ernakulam. 2019 LLR 553 (Ker. H.C.)

With reference to Section 80A of Co-operativeSocieties Act (Kerala) 1969, Section 6A of EPF Act willnot exclude an establishment from all other schemesautomatically except pension scheme.

Calicut City Service Co-operative Bank Ltd. vs. EmployeesProvident Fund Organisation. 2019 LLR 554 (Ker. H.C.)

Pending application for waiver/reduction of pre-deposit amount for admission of appeal, action forrecovery of determined amount is not appropriate.

Dhoot Developers Private Limited (JV) Bengal SilverSpring Project Limited vs. Employees Provident Fund Organisation. 2019 LLR 557 (P&H H.C.)

Employees Pension (Amendment) Scheme 2014 aboutreduction in pension by altering pensionable salary isultra vires.

P. Sasikumar vs. Union of India and Others. 2019 LLR558 (Ker. H.C.)

Appellate tribunal has no inherent power to condonedelay beyond 60+60 days.

Central Board of Trustees through RegionalProvident Fund Commissioner vs. Vajra Golden LionCanteen. 2019 LLR 572 (P&H H.C.)

Banker being secured creditor of defaulter-employerwould be 'deemed defaulter' as per Section 8-F of theEPF Act, 1952 and liable to pay EPF dues on behalf ofdefaulter-employer to the extent of amount lying inits possession in the account of the defaulter-employer.

Indian Bank and Anr. vs. Employees' Provident FundCommissioner and Ors. 2019 LLR 575 (Delhi H.C.)

Without determination of EPF dues under Section 7Aof 14B of the Act, the Authority cannot invoke powerunder Section 8-F of the Act for effecting any recoveryalthough the scope of the Act is of beneficial in nature.

M/s. Hindustan Copper Limited vs. The RegionalProvident Fund Commissioner, Jamshedpur. 2019 LLR576 (Jhar. H.C.)

Legal heirs on expiry of defaulting employer are liableto pay outstanding EPF dues.

Md. Nehal Ahmad and Another vs. Employees' ProvidentFund through its Regional Provident FundCommissioner, Ranchi & Others. 2019 LLR 582 (Jhar. H.C.)

Writ Court is empowered to direct the EPF Authoritynot to take coercive steps for recovery of the EPF duestill final decision in the enquiry by giving fair andreasonable opportunity of filing objections andhearing when there is imminent threat to theemployer during enquiry proceedings.

Mangalam Publications (India) Pvt. Ltd. vs. TheEmployees' Provident Fund Organization & Another. 2019LLR 583 (Ker. H.C.)

Practice of entertaining oral applications for grant ofinterim order be deprecated. Similarly grant of stay ofimpugned order on oral submission be deprecated.

Nav Bharat Press Private Limited, Bhopal vs.Employees' Provident Fund Organisation. 2019 LLR585 (M.P. H.C.)

Employer is entitled to cross-examine the departmentwitness/officer who conducted inspection on the basisof which amount was computed.

M/s.Srinivasan Associates Private Limited vs.The RegionalProvident Fund Commissioner-II, Coimbatore. 2019 LLR 586(Mad.H.C.)

Both the employees of the exempted and unexemptedestablishments are entitled to the benefit of enhancedpension on the basis of their contribution withreference to actual salary received by them to theirProvident Fund accounts. As regards exemptedestablishment, the question of exercising optionunder para 26 (6) of PF Scheme does not arise as theseestablishments have their own PF Scheme managedby their own private Trust.

ONGC Retired Employees Welfare Associations vs.Union of India and Others. 2019 LLR 589 (Mad. H.C.)

When the EPF contribution deposited in time innotified bank but reached late to EPFO, It is betweenEPFO and the notified bank. Employer cannot bepunished for the delay.

Uttar Bihar Gramin Bank vs. Union of India. 2019(163) FLR 1017 (Pat. H.C.)

Employees’ Pension SchemeNotification dated 22.8.2014 deleting clause 11(3) ofthe scheme would not apply in case of existing

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employees already member of the scheme.Khetri Tamba Sevanirvart Karamchari Associationvs. Union of India. 2019 LLR 323 (Raj. H.C.)

E.S.I.Director of a company receiving salary from thecompany would fall within the definition of Employeeunder ESI Act.

Employees' State Insurance Corporation vs. VenusAlloy Pvt. Ltd. 2019 LLR 237 (S.C.)

Employer should seek appellate remedy against theorder of authority under Section 45-A in normalcourse.

M/s. Bombay Intelligence Security India Ltd. vs.Union of India and Others. 2019 LLR 1184 (Delhi H.C.)

Employer has to go in statutory appeal first against theorder of the E.S.I. authority and not directly in High Courtthrough writ.

Visvesvaraya Iron & Steel Plant (Unit of SteelAuthority of India) vs. Employees State InsuranceCorporation & Anr. 2019 LLR 1017 (Kar. H.C.)

ESI Court is empowered to grant interim relief underSection 75(B) of E.S.I. Act, 1948, subject to certainconditions depending upon fact's and circumstancesof the case.

Gayatri Chetna Kendra and Another vs. Employees' StateInsurance Corporation and Another.2019 LLR 844 (Cal.H.C.)

Workers once found more than 10 working in thepremises of the employer would attract theapplicability of the E.S.I. Act irrespective of the factthat workers were of contractors or not.

Regional Director, Employees State InsuranceCorporation vs. Singh Engineering Works, Bhilai andAnother. 2019 LLR 719 (Chht.garh H.C.)

When an employee goes outside factory premises forlunch and while returning to company if he met withan accident that accident, would be taken as accidentnot during the course of employment.

Regional Director, E.S.I.C., Pondicherry vs.Chinnathambi. 2019 LLR 724 (Mad. H.C.)

An order passed under Section 45-A without givingsufficient time to the employer and withoutconsidering the documents on record, is notsustainable.

M/s. Kashinath and Sons vs. Employees StateInsurance Corporation and Another. 2019 LLR 607(Chht.garh H.C.)

Action under Section 45G (3) (x) of the Act is requiredonly after service of proper notice providing adequateand sufficient time to the petitioner.

M/s. Bihar Foundry and Castings Ltd. vs. EmployeesState Insurance Corporation, Ranchi and Others. 2019LLR 639; 2019 (161) FLR 335 (Jhar. H.C.)

Second proviso to Section 45-A (1) of the Act says thatthe said proviso would restrict the power of theCorporation for determination of contribution for aperiod of five years from the date it became applicableand not beyond that and it cannot mean that if fiveyears time lapses, no order can be passed underSection 45-A of the Act.

M/s. Anil Chat Bhandar vs. Deputy Regional Director,Employees' State Insurance Corporation & Anr. 2019LLR 640 (Bom. H.C.)

Conveyance allowance is part of wages if paid onuniform basis irrespective of the fact whetheremployee incurred expenses on journey.

The Employees State Insurance Corporation vs. M/s.Universal Medikit Pvt. Ltd. 2019 LLR 641 (Bom. H.C.)

Employees working within compound ofestablishment or outside, if carrying the work ofestablishment, would be covered under the E.S.I. Act.

Ramsons Consultancy Services Pvt. Ltd. vs. RegionalDirector, ESI Corporation. 2019 LLR 648; 2019 FLR(161) 555 (Guj. H.C.)

Payment of interest on delayed contributions ismandatory and cannot be waived off even in the case ofsick industry.

M/s. Shree Ganesar Textile Mills Ltd. vs. Asstt.Director, Employees State Insurance Corporation,Hubli and Another. 2019 LLR 149 (Kar. H.C.)

When ESI contributions are regularly paid, accident isadmitted and no objection was raised by ESIC beforethe court, employee is entitled to medicalreimbursement claim.

Employees State Insurance Corporation vs. M.Thimmaiah. 2019 LLR 151 (Kar. H.C.)

When survey report of the inspector about employingand found working 20 employees in theestablishment is not proved, notice of demand by ESIis liable to be declared as null and void.

Employees' State Insurance Corporation vs. RadhaKrishan Prakashan Pvt. Ltd. 2019 LLR 271 (Delhi H.C.)

Travelling and conveyance allowances are not wagesunder ESI Act.

Deputy Regional Director, Employees' State InsuranceCorporation vs. Management of the Lakshmi MillsCompany Ltd. 2019 LLR 381; 2019 FLR (163) 16Summary of cases (Mad. H.C.)

Appealable order under Section 45-AA of E.S.I. Actwithout exhausting the remedy, cannot be challengedthrough writ.

Rani Fatima Muslim Welfare Trust vs. Employees' StateInsurance Corporation & Ors. 2019 LLR 383 (Pat. H.C.)

For determining the contribution after registration ofthe establishment, ESIC has to grant an opportunity ofhearing.

Rameshchandra Madanlal Agrawal vs. Employees' StateInsurance Corporation & Anr. 2019 LLR 397 (Bom. H.C.)

For deciding the liability of ESI contribution in respectof expenses on different heads, precedent law is theguiding factor and court has to see whether thefunctions being discharged by concerned employeewere co-relating with the role of immediate employerand has direct nexus with the establishment.

M/s. Rajasthan Patrika Pvt. Ltd. Jodhpur vs. RegionalDirector, E.S.I.C. 2019 (163) FLR 972 (Raj. H.C.)

Ex-parte AwardEx-parte award is liable to be set aside when the party didnot get opportunity to contest the reference of dispute.

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Bundi Zila Petrol Pump Dealers Association, Bundivs. Sanjoyak Bundi Zila Petrol Pump Mazdoor Sangh(B.M.S.). 2019 LLR 827 (S.C.)

Ex-parte award to be set aside and remanded back forfresh adjudication when workman was not givenappropriate opportunity to represent.

Ramjivan Gupta vs. M/s. Jagran Prakashan Ltd. andOthers. 2019 LLR 1193 (Delhi H.C.)

Ex-parte award can be set aside by labour court evenafter publication of the award.

M/s. Birla Corporation Ltd., Satna Cement Works vs.P.O., Industrial Tribunal (1) U.P., Allahabad andOthers. 2019 LLR 1219 (All. H.C.)

Merely because the award becomes enforceable after30 days of its publication, labour court does notbecome functus officio. Still ex-parte award can be setaside.

M/s. Orient Craft Ltd. vs. Presiding Officer, Labour Court(I), Ghaziabad and Another. 2019 LLR 833 (All. H.C.)

An ex-parte award is liable to be set aside by movingan application even after the award had becomeenforceable after publication if a party is able to showsufficient cause within a reasonable time for its non-appearance in Labour Court when it was proceededex-parte.

Rohtash vs. Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat and Another. 2019 LLR764 (P&H H.C.)

Factories ActElectronic data processing unit or a computer unit isnot a factory under Factories Act.

Rajiv Kaul vs. Government of Tamil Nadu Rep. byInspector of Factories. 2019 LLR 1203 (Mad. H.C.)

When the accident took place due to negligence ofworkman and not due to failure of employer toprovide any safety equipment, complaint againstoccupier is liable to be quashed.

Sri Aristides Protonotarios (Major) and Another vs.State of Karnataka. 2019 LLR 1215 (Kar. H.C.)

Sales office does not fall under the definition offactory under the Factories Act.

R. Seshasayee vs. Dy. Chief Inspector of Factories,Tiruvallur. 2019 LLR 1230; 2019 (162) FLR 959 (Mad. H.C.)

For prosecution under factories act, necessarysanction from competent authority is mandatorywithout which complaint is liable to be quashed.

S. Padmanabhan vs. Dy. Director, Industrial Safetyand Health-I, Chennai. 2019 LLR 838 (Mad. H.C.)

A person may be tried for offences punishable underthe Factories Act, 1948 as well as under the I.P.C.separately for the same incident.

P.K. Tailang vs. State of Chhattisgarh ThroughSuperintendent of Police, Durg (C.G.). 2019 LLR 848(Chht.garh H.C.)

Non-compliance of precautionary measures is anoffence punishable under the Factories Act, 1948.Factory Inspector's report is not to be vitiated simplybecause he did not take assistance of fire expertwhile inspecting the spot.

State Rep. by Public Prosecutor vs. N.V.

Unnikrishnan, Occupier of M/s. AVN AyurvedaFormulation Pvt. Ltd., Madurai District. 2019 LLR864 (Mad. H.C.)

The time required for obtaining sanction for filingcriminal complaint before Magistrate would beexcluded for counting the limitation period of threemonths.

M/S. Changer Vidut Kranti Pvt. Ltd. and Another vs. Stateof Himachal Pradesh and Others. 2019 LLR 266 (H.P. H.C.)

Non-payment of overtime is an offence underFactories Act for which occupier and manager can beprosecuted.

Rustom G. Joshi vs. State of Maharashtra andAnother. 2019 LLR 373 (Bom. H.C.)

Fixed Term EmploymentEmployee on fixed term basis can be terminated withor without notice as per his terms of appointment.

Rajasthan State Roadways Corporation vs.Paramjeet Singh. 2019 LLR 945 (S.C.)

Gainful EmploymentWhen a workman was making payment of loaninstallments, it would be presumed that he isgainfully employed.


By taking a plea statement of claim and oralstatement by way of affidavit on oath, is a sufficientevidence by the workman to prove his 'non-gainfulemployment'.

Pradhan Baijnath Tea Estate Mazdoor Sangh vs.State of Himachal Pradesh and Others. 2019 LLR1239 (H.P. H.C.)

GratuityGramin Dak Sewaks being part time employeeoutside the civil service of government are governedby their rules of 2011 which provide that no gratuityis payable when resign from service, hence notentitled to gratuity under the act.

Senior Superintendent of Posts Officer vs.Gurusewak Singh & Ors. 2019 II CLR 419; 2019 LLR1011 (S.C.)

When employee is employed for more than 5 years,plea of employer that the employee abandoned theservice time and again during the period, thus notqualifying for gratuity without any documentaryevidence is not acceptable.

M/s. Contentra Technologies (India) Pvt. Ltd. vs.Nikhil Pal. 2019 LLR 1306 (Delhi H.C.)

The number of employees is to be taken from theemployees working and not from sanctioned strengthof employees or capacity of establishment to engageemployees for applicability of the Act.

Madhusoodanan Nair vs. State of Kerala. 2019 LLR1312 (Ker. H.C.)

The Payment of Gratuity Act is applicable to theemployee of nagar nigam/local bodies.

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Nagar Ayukt, Nagar Nigam Kanpur vs. GokaranParsad. 2019 (163) FLR 818 (All. H.C.)

For the purpose of calculation of gratuity under thePayment of Gratuity Act, 1972, service of an employee isto be taken from the date of his appointment till the dateof his superannuation including any interrupted service ifthe same is not due to any fault on his part in view ofSection 25-B (1) of the Industrial Disputes Act, 1947.

M.P. Housing and Infrastructure Development Board,Bhopal vs. Controlling Authority-Cum-AssistantLabour Commissioner, Bhopal and others. 2019 LLR1213 (M.P. H.C.)

When charge-sheet does not show any financial losscaused to the employer, gratuity cannot be withheldand forfeited.

Sarva Haryana Gramin Bank (SHGB) vs. RajpalSingh Sangwan. 2019 LLR 1082 (P&H H.C.)

Before withholding and forfeiting the gratuityemployer has to find specific quantum of loss caused bythe employee.

Gayatri Prasad Singh vs. F.C.I. and Others. 2019 LLR1084 (P&H H.C.)

Applicability of Section 2-A of the Act is retrospectiveand not prospective.

Hope Ttextiles Ltd. vs. Hariprasad. 2019 LLR 1089 (M.P. H.C.)

Any delay in filing appeal beyond 120 days cannot becondoned in any case by any authority.

The Assistant Commissioner/The Executive Officer,Arulmigu Mariamman Temple vs. The JointCommissioner of Labour/Controlling Authorityunder Gratuity/Act. 2019 LLR 868 (Mad. H.C.)

Gratuity can be forfeited to the extent of damage orloss caused by him provided he is charged for theoffence in criminal court and charge of moralturpitude is established.

Surendra vs. Syndicate Bank. 2019 LLR 598 (Delhi H.C.)

No recovery can be made from gratuity even if on thebasis of court decree.

Aloke Kumar Sarkar vs. National Insurance Co. Ltd.and Others. 2019 LLR 641; 2019 (161) FLR 280 (Cal. H.C.)

Gratuity cannot be denied on the ground of timebarred application or resignation.

Baddi University of Emerging Sciences & Technologyvs. Joint Labour Commissioner-cum-AppellateAuthority & Others. 2019 LLR 642 (H.P. H.C.)

Forfeiture of gratuity not justified when employerneither intimated the employee nor disclosed thereasons thereof.

The Chairman and Managing Director, Indian Bank &Another vs. M.D. Chandrashekar. 2019 LLR 643 (Kar. H.C.)

Order of the controlling authority cannot bechallenged directly before high court withoutexhausting remedy of appeal.

The Chairman, Madhya Bihar Gramin Bank (Nowknown as Dakshin Bihar Gramin Bank) vs. The Unionof India & Others. 2019 LLR 644 (Pat. H.C.)

Appeal filed beyond the time limit of 120 days cannotbe condoned by even high court.

Senior Regional Manager, T.N. Civil SuppliesCorporation, Thanjavur vs. Joint Commissioner ofLabour, Trichy and Others. 2019 LLR 648; 2019 FLR(161) 392 (Mad. H.C.)

Forfeiture of gratuity is permissible only if themisconduct constitutes offence involving moralturpitude and the employee has been convicted bycourt.

Rajiv Saxena vs. Chief General Manager & Others.2019 LLR 124 (Delhi H.C.)

Appeal beyond 120 days after condoning 60 daysdelay, will not be maintainable.

State of MP vs. FATTA S/O Kana. 2019 LLR 165(M.P. H.C.)

Interest upon delayed payment of gratuity is notpayable if the delay is made by the claimant himself.

Leeladhar Puria vs. General Manager, WesternCoalfileds Ltd. & Others. 2019 LLR 172 (M.P. H. C.)

Non-payment of gratuity is wrong on the part ofemployer, so delay in raising claim will have no adverseimpact on employee.

The Punjab State Cooperative Supply and MarketingFederation Ltd. vs. Appellate Authority under Paymentof Gratuity Act and Others. 2019 LLR 232 (P&H H.C.)

Pending industrial dispute of workmen regarding ageof superannuation will have no justification for theemployer to withhold the gratuity. Unless order of thecontrolling authority is set aside, challenge to therecovery order of collector is not maintainable.

Golden Tabacco Limited vs. District Collector. 2019 LLR233 (Guj. H.C.)

If the amount along with interest deposited by theemployer at the time of filing appeal is not releasedimmediately on rejection of the appeal, the employeewill be entitled to compound interest at 15% perannum.

Sharda Nand Lal Das vs. The Assistant LabourCommissioner, (Central) and Others. 2019 LLR 234(Bom. H.C.)

Delay in releasing the payment of gratuity due todepartmental sanction cannot be the reason to denythe statutory interest.

National Institute of Fashion Technology vs. RamSaran. 2019 LLR 248 (Delhi H.C.)

When employer paid gratuity and interest, quashing ofcriminal complaint against employer under Sec. 482 ofIPC would be justified.

Whirlpool of India Ltd. and Others vs. The State ofBihar and Ors. 2019 LLR 259 (Pat. H.C.)

Denial of gratuity on account of non-vacating ofCompany's land allotted to employee for residence isnot justified.

Manager, Harisons Malayalam Limited vs. Vasanthaand Others. 2019 LLR 263 (Ker. H.C.)

An employee is entitled to get gratuity under thePayment of Gratuity Act, 1972, on the basis of paywhich he was actually receiving including interimincreases.

Managing Director, Maharashtra State FarmingCorporation vs. Ananda Sitaram Patil. 2019 LLR 272(Bom. H.C.)

Forfeiture of gratuity by employer without affording anopportunity to employee of hearing would be illegal.

S.P. Maheshwari vs. Secretary, Canara BankEmployees Gratuity Fund and Others. 2019 LLR 295(Uttar. H.C.)

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The payment of Gratuity Act being a beneficiallegislation, provisions of delay condonation should beliberally construed.

E-Team Informatica India (Pvt.) Ltd. vs. Mathew M.George and Others. 2019 LLR 296 (Ker. H.C.)

When payment of gratuity is delayed, employer isliable to pay interest and penalty on delayed payment.

Punjab State Civil Supplies Corporation Ltd. vs.Controlling Authority under the Payment of GratuityAct, 1972. 2019 LLR 297 (P&H H.C.)

If the employee is entitled to get better amount ofgratuity under any employment contract with theemployer or agreement or award, he is entitled to getsuch higher amount than the prescribed limitprovided under the Payment of Gratuity Act.

M/s. BQH Electric Limited vs. Pradeep Mehra. 2019LLR 300 (Delhi H.C.)

When employer fails to pay gratuity in time limit of 30days, employee is also entitled to get interest ondelayed payment.

Chief Engineer, Bhakra Beas Management Board vs.Souju Ram and others. 2019 (160) FLR 290 (H.P. H.C.)

Daily wager is entitled to gratuity under theprovisions of the Act.

The Executive Engineer CPWD vs. Ghanshyam Singhand Ors. 2019 LLR 367 (Delhi H.C.)

Gratuity may be forfeited only to the extent of damageor loss caused by the misconduct of the employee andloss suffered by the employer and not more than that.

Shri Surendra vs.Syndicate Bank.2019 LLR 369 (Delhi H.C.)

Labour court judgment of calculating gratuity ongross salary is liable to be set aside as gratuity is to bepaid on basic and D.A. only.

Saint Xaviers High School vs. Shailaja VishnuDeshpande. 2019 LLR 375 (Bom. H.C.)

Teacher being employee under Payment of GratuityAct, is entitled to gratuity.

Dhanalakshmi College of Engineering, Chennai vs.Assistant Commissioner of Labour (ControllingAuthority Under the Payment of Gratuity Act, 1972)and Another. 2019 LLR 411 (Mad. H.C.)

Interest upon delayed payment of gratuity is payableif the delay is not made by the claimant himself.

The Punjab State Civil Supplies Corporation Ltd.(PUNSUP) & Another vs. The Controlling Authorityunder the Payment of Gratuity Act, 1972-cum-Assistant Labour Commissioner, Ferozepur & Another.2019 LLR 497 (P&H H.C.)

IndustryA doctor running a clinic with an assistant is not coveredunder the definition of 'industry' under Section 2(j) of theI.D. Act.

Smt. Kiran Bhandari vs. M/s. Dr. O.P. Abral Clinic.2019 LLR 173 (Delhi H.C.)

Industrial DisputeAn industrial dispute raised after delay of more than 2decades without satisfactory explanation thereto is not

sustainable.Prithvi Singh vs. The Executive Engineer, HPSEB Ltd.2019 LLR 1236 (H.P. H.C.)

In case of termination on the basis of report of internalcommittee for the misconduct of sexual harassment,approval under 33 (2) (b) of the I.D. Act is not required.Court/tribunal cannot sit as appellate court to decidefairness of findings given by IC in Sexual Harassmentmatter.

Management of Christian Medical College and Hospitalvs. S.G. Dhamodharan. 2019 LLR 769 (Mad. H.C.)

Essence of industrial dispute is dis-agreement.Existence of industrial dispute presupposes theexistence of a dispute or difference as a conditionprecedent. In absence of any real or substantialdifference existing between employer & employee,there could not be said to be any industrial disputesubsisting.

Ram Ayodhaya Parsad vs. P.O. Labour Cour. 2019 (163)FLR 841 (All. H.C.)

Any industrial dispute, raised by an individualworkman except removal, dismissal, termination orretrenchment without espousal by Union or byworkmen of the same establishment, is notmaintainable.

Dashram Singh Bhadoriya vs. Official Liquidator,Jiwajirao Cotton Mills Ltd. 2019 LLR 853 (M.P. H.C.)

Transfer is not a dispute under Section 2-A of I. D. Act.Reference cannot be made of such dispute underSection 2-A. Under Section 2 (k) any individual disputeis not an industrial dispute till it is espoused by unionor by substantial number of employees of themanagement.

Smt. Rani Sharma and Others vs. State of HimachalPradesh and Another. 2019 LLR 856 (H.P. H.C.)

When workman did not object his termination on theground of not obtaining approval under Section 33(2)(b) of the I.D. Act, workman cannot raise this plea inwrit.

M. Eshwar vs. Management of KSRTC, Bangalore.2019 LLR 765 (Kar. H.C.)

In the absence of any Settlement or Award conferringright of the workman concerned one cannot succeedin recovery of his dues claim u/s. 33-C(2) of the I.D. Act,1947.

Mahendra Mishra vs. Managing Director, M/s. GluconateHealth Limited & Ors. 2019 II CLR 432 (Cal. H.C.)

Society rendering personal services of domesticservants to it's members would not fall underindustry.

Shantivan-II Co-Operative Housing Society vs.Manjula Govind Mahida (Smt.) and Another. 2019LLR 601 (Bom. H.C.)

An industrial dispute, as defined, under Section 2(k) ofthe Industrial Disputes Act, 1947, must be a disputebetween employer (s) and workman.

Hindustan Coca-Cola Beverages Pvt. Ltd. vs. Secretaryto the Govt. of Karnataka & Another. 2019 LLR 503(Kar. H.C.)

A worker not a member of any trade union can berepresented by any other workman employed in theindustry on basis of authorization.

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Pratibha Syntex Limited vs. State of M.P. 2019 (161)FLR 215; 2019 LLR 765 (M.P. H.C.)

Industrial Disputes ActWhen the workman in lieu of reinstatement acceptedthe compensation, his case would not fall underSection 25-H of I.D. Act for re-employment preference.

Management of Barara Cooperative Marketing-cum-Processing Society Ltd. vs. Workman Pratap Singh. 2019LLR 152 (S.C.)

In case of rejection of approval application underSection 33 (2) (b) of I.D. Act workman is entitled toreinstatement with full back-wages, but when inadjudication court granted only reinstatement, 50%back-wages is proper.

Delhi Transport Corporation vs. Inderjit. 2019 LLR1304 (Delhi H.C.)

Conciliation Officer has no power to declare that thesales executive is not covered in the definition ofworkman.

Shaban Ali Shaikh vs. Dy. Commissioner of Labour,Mumbai City and Others. 2019 (163) FLR 672 (Bom. H.C.)

Whenever, the claim petition under section 33-C (2) isfiled, Labour Court is duty bound to consider whetherthe pre-existing right or the rights crystallized or inexistence for entertaining the petition under section33-C (2). In the absence of any such pre-existing right,no petition can be entertained.

Management, ST. Mary's Matriculation HR. Sec.School, Mettur Dam and P.O., Labour Court, Salemand Another. 2019 (163) FLR 718 (Mad. H.C.)

Wage increment is to depend on the profitability of theconcerned unit and not consolidated profit of all units of thecompany.

Management of M/s. Wipro Ltd., Tumkur vs. WiproEmployees Association (AITUC), Tumkur. 2019 LLR 1226(Kar. H.C.)

Claim of Wages under Section 33-C (2) of the IndustrialDisputes Act, 1947, for the period when the workmanwas not given light duty considering him medicallynot fit to perform duty of conductor, is maintainable.

Delhi Transport Corporation vs. Vijay Kumar. 2019LLR 1238 (Delhi H.C.)

In case of industrial dispute against company,director is not personally liable to pay back-wagesand no recovery certificate can be issued against him.

Sanjay Bansal vs. State U.P. and Others. 2019 LLR1078 (All. H.C.)

Once it is held by the High Court that the employeehas no right to continue in the employment, theemployee cannot raise same dispute again.

Director (Finance) Bangalore Electricity Co. Ltd.,Bangalore & Ors. vs. Shivakumara vs. s/o LateVenkatashamappa. 2019 LLR 1091 (Kar. H.C.)

Dismissal after misconduct is proved will not beviolative of Section 33(2) (b) of I. D. Act when there isno dispute pending.

V. Muniyappa B Venkatashamy vs. DivisionalController, KSRTC. 2019 LLR 1098 (Kar. H.C.)

In the absence of any promotion granted, claim ofdifference of wages equal to his juniors promoted on

higher post is not maintainable under Section 33 -C (2) of I.D. Act.

Chandra Bhal Mishra vs. State Of U.P. and Others.2019 (162) FLR 994 (All. H.C.)

Order of the government declaring autocomponents manufacturing industry as PublicUtility Service under the I.D. Act suffers fromarbitrariness hence stayed.

Head of AICCTU vs. State Government of TamilNadu. 2019 LLR 963 (Mad. H.C.)

While making a reference of an industrial disputethe appropriate Government has to weigh severalfactors including (i) to apply its mind by referringto material available on record with it; (ii)applicability of provisions of law (iii) to considersubmission of the parties and (iv) if existence ofemployer-employee relationship and appropriateGovernment is satisfied that a case is made out,then it has to render a decision in accordance withlaw.

Rajesh vs. Secretary, G.O.I. and Others. 2019 LLR982 (Bom. H.C.)

Complaint/application section 33(A) of theIndustrial Disputes Act, 1947 would bemaintainable only if contravention of Section 33 ofthe Act is there during pendency of Conciliationproceeding.

Nawal Kishore Singh vs. The State of Bihar andOthers. 2019 LLR 605 (Pat. H.C.)

When the claim of overtime is a disputed questionof fact, such claim is not maintainable underSection 33-C (2) of the Act.

M.K. Thiyagarajan vs. Managing Director, TamilNadu Newsprint and Papers Limited, Chennai andAnother. 2019 LLR 621 (Mad. H.C.)

Mere displaying order of the Board of Directorsregarding reduction in age is no sufficient noticeunder Section 9-A of the Act, to the workmen.

Hindustan Zinc Ltd. vs. Industrial Tribunal-cum-Labour Court. 2019 LLR 634 (Raj. H.C.)

Dispute of payment of equal wages at par withother similarly place drivers is not maintainableunder Section 33-C (2) of I.D. Act.

Vijayakumar vs. The Managing Director, SathyDeep Pharmaceutical Ltd. 2019 LLR 644 (Kar. H.C.)

Approval under Section 33 (2) (b) of the I.D. Actrightly granted on the application of themanagement when workman stated that he did notwant to file the reply to the application.


Labour court is competent to determine the actualamount under Section 33-C (2) of the I.D. Act wherethe right is not disputed.

State of Madhya Pradesh & Another vs.Gyaneshwar Singh. 2019 LLR 230 (M.P. H. C.)

Presumption on the basis of affidavits filed byworkmen cannot be drawn that the workmen hadworked for 240 or more days during the preceding12 calendar months.

Management, Cimmco Birla Ltd. vs. State ofRajasthan and Others. 2019 LLR 235 (Raj. H.C.)

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When the inquiry is held illegal by tribunal andmanagement did not prove the charges, non approvalof application under Sec. 33(2) (b) of the I.D. Act isjustified.

Delhi Transport Corporation vs. Rajbir Singh. 2019LLR 243 (Delhi H.C.)

When the management circumvents the provisions ofSection 9A of the Act by effecting change which led toinvoluntary resignation, it would tantamount toretrenchment.

M/s. S. Kumars Ltd. vs. Bherulal. 2019 LLR 288 (M.P. H.C.)

Transfer of workmen is illegal, arbitrary, unjustifiedand amounting to victimization if effected withoutany exigencies of business or its administration.

Management of Unimag Power Transformer Pvt. Ltd.vs. Umesh. 2019 LLR 435 (Kar. H.C.)

Criminal prosecution for not complying the LabourCourt Award can be quashed when the matter wassettled between employer and workman and awardwas modified.

Ramchandran Jaiprakash, General Manager, BataIndia Ltd. vs. The State of Bihar and Others. 2019 LLR494 (Pat. H.C.)

In the absence of proper service of summons or noticesent by court to the employer as provided under theI.D. Rules is liable to set aside.

Nirbhai Singh and Others vs. Presiding Officer,Industrial Tribunal, Patiala & Another. 2019 LLR 513(P&H H.C.)

In a proceedings under Section 33(2) (b) of I.D. Acttribunal is only required to find out whetherdisciplinary proceedings are conducted in consonancewith principles of natural justice. Tribunal cannot re-appreciate the evidence which had been laid beforedisciplinary authority.

Nagarmal Modi Seva Sadan, Ranchi vs. Smt. UshaDevi. 2019 (161) FLR 345 (Jhar. H.C.)

Termination though held illegal under Section 33 (2)(b) of I.D. Act, lumpsum compensation appropriate inlieu of renistatement with back-wages because oflongtime spent in litigation and constrainedrelationship between management and workman.

Management, Daya Engineering Works (Sleeper) Ltd.vs. Workers of Daya Engineering Works. 2019 (163)FLR 961 (Pat. H.C.)

Unexplained enormous delay of 14 years in raisingdispute is doubtful and cannot be condoned merelyon pleading innocence.

Laxmi Kant Mudgal vs. Chief Wildlife Warden, K.National Park Bharatpur. 2019 (163) FLR 1005(Raj.H.C.)

Interim ReliefEven if termination order is held to be legal, employerwill have no right to recover the amount fromworkman paid under Section 17-B of the Act.

Dilip Mani Dubey vs. M/s. SIEL Ltd. & Anr. 2019 LLR355 (S.C.)

Interns getting stipend are not entitled to Interimrelief.

Mettur Chemicals and Plastics Workers' Union and

Another vs. The Government of Tamil Nadu. 2019 LLR779 (Mad. H.C.)

For interim relief under Section 17-B of I.D. Act it is theobligation of the workman to declare on affidavitabout his non employment. Factual compliance on thepart of employer arises after this only.

Automotive Stamping and Assembly Ltd. vs. Akhil GujaratGeneral Mazdoor Sangh. 2019 LLR 136 (Guj. H.C.)

When workman moved belated application forinterim relief under Sec. 17- B of I.D. Act, the relief oflast drawn/minimum wages to be paid from date ofapplication and not of award.

Defence Service Officers Institute vs. Ajit Singh. 2019LLR 247 (Delhi H.C.)

When Labour Court concludes that alternative joboffered cannot be treated as commensurate withworkman's qualification and health, refusal to acceptthat job is no reason to debar the workman frominterim relief under Section 17-B of I.D. Act.

M/s. British Airways vs. Union of India & Anr. 2019LLR 485 (Delhi H.C.)

Inter-state Migrant WorkmenAct

In the absence of allegation in the complaint that thepersons against whom prosecution is launched, were incharge of and responsible for conduct of business of thecompany, congnizance of the complaint cannotsustained in law.

Rakesh Dixit @ Ajay Kumar Dixit @ Ajay Dixit vs. Stateof Jharkhand and Another. 2019 LLR 1117 (Jhar. H.C.)

Loss of ConfidenceWhen a contract labour is terminated by contractor ondirection principal employer for having lost hisconfidence because of involvement in the incident ofsnatching the mobile, reinstatement cannot be granted.

Gulab Singh vs. M/s. Presidium School and Another.2019 (163) FLR 697; 2019 LLR 956 (Delhi H.C.)

Removal from service justified because of loss ofconfidence.


Reinstatement cannot be granted in case of loss ofconfidence if bonafide. Also employer is not bound tohold enquiry in misconduct resulting into loss ofconfidence before termination.

Delhi State Civil Supply Corporation Ltd. vs. Sh.Badan Singh. 2019 LLR 1189 (Delhi H.C.)

Working as ghost employee would be sufficient to looseingthe confidence of employer. Such employee cannot bereinstated.

North Delhi Municipal Corporation vs. JaswantSingh. 2019 LLR 1065 (Delhi H.C.)

When there is loss of confidence between employerand employee, employer is not bound to hold anyenquiry and can effect discharge simpliciter.


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Awarding full back-wages to a workman who is guiltyof having lost confidence of the management, isperverse.

Central Warehousing Corporation vs. Madan Mohan.2019 LLR 885 (Delhi H.C.)

An employee terminated from his services on accountof misappropriation of money and loss of confidenceof cannot be granted reinstatement.

State Bank of Travancore vs. Prem Singh. 2019 LLR638 (Delhi H.C.)

Maternity Benefit ActMaternity benefits under the Act are not only forgovernment employees but also for privateestablishment engaging employees on contractualbasis through contractors.

Archana vs. State of Maharashtra and Another. 2019LLR 1003 (Bom. H.C.)

Contractual woman is also entitled to maternitybenefits under the Act.

Jeslin Jose vs. Cochin Port Trust. 2019 LLR 262 (Ker. H.C.)

After expiry of service tenure, benefits undermaternity benefit Act cannot be extended toemployee.

Dr. Artiben R. Thakkar vs. Delhi PharmaceuticalSciences and Research University and Another. 2019 LLR363 (Delhi H.C.)

Lecturer on contract basis is entitled to maternitybenefits provided under the M.B. Act.

Dr. Neena Raizada vs. State of U.P. 2019 (161) FLR 273(All. H.C.)

Minimum WagesUnder minimum wages notification employees cannotbe categorised from un-skilled to semi-skilled and toskilled on the basis of length of service.

Hindustan Sanitaryware and Industries Ltd. & Ors.vs. The State of Haryana. 2019 LLR 591 (S.C.)

Workmen of contractor engaged in bank can raisedispute of minimum wages payment before stategovernment and not the central government.

HDFC Bank Limited vs. Union of India & Ors. 2019LLR 718 (Cal. H.C.)

MisconductThe misconduct of talking loudly and using filthylanguage with GM of the petrol pump, whenemployee was not predetermined to mis-behave andincident happened due to rush of auto riksha vehicles,does not warrant dismissal.


Fraudulent transaction of money for self gains causingloss to the employer or any third party is a grave andserious misconduct, attracting punishment ofdismissal from service.


Habitual absence along with disobedience are graveand serious misconduct justifying termination.

Shakuntla Devi vs. M/s. Dynamic Fashion Pvt. Ltd. &Others. 2019 LLR 616 (P&H H.C.)

There is no strict or rigid rule for gauging gravity ofmisconduct, in as much as, each case has to beexamined on facts and circumstances. Interference bythe Writ Court does not call for.

M/s. Hindalco Industires Ltd. vs. State of U.P. and 3Others. 2019 LLR 522 (All. H.C.)

Moral TurpitudeTo qualify as a crime involving moral turpitude forsuch purpose, it requires both reprehensible conductand scienter, whether with specific intent,deliberateness, willfulness or recklessness.

The State Bank of India & Others vs. P.Soupramaniane. 2019 LLR 630 (S.C.)

MRTU & PULP ActLetters of appointment, confirmation, transfer andtermination issued in Mumbai would not conferterritorial jurisdiction on Labour Court at Mumbaisince the employee was working at Sichlar andtermination order was to operate at Sichlar.

Mr. Anil Murlidharan vs. M/s. Larsen and ToubroLimited. 2019 LLR 1012 (Bom. H.C.)

Once fairness of enquiry is not questioned, non examinationof passengers in the enquiry does not effect legality ofenquiry.

Khanderao vs. Divisional Traffic SuprintendentMSRT Corporation, Aurangabad. 2019 (163) FLR 907(Bom. H.C.)

Model standing orders cannot be made applicable tothe employees working in state establishments orstate instrumentalities. So court cannot declare thestate government establishment guilty of committingunfair labour practice and granting permanency toworkmen.

State of Maharashtra vs. Pravin Trimbak Kulkarni.2019 III CLR 896 (Bom. H.C.)

No Dispute AwardNo dispute award passed by the Industrial Adjudicatoris not sustainable if on receiving reference, order waspassed for issuance of court notice in the absence ofany party and to keep on adjourning the matter againand again and ultimately passing the 'nodispute/claim" without any proof on record that thedue service of notice was effected upon the workman.

Reena Pathak vs. Union of India & Ors. 2019 LLR 1237(Delhi H.C.)

No dispute award cannot sustain judicial scrutiny as itis neither legal nor valid.

Secretary, Chemical Employees' Union vs. Factory Manager,Navbharat Fuse Company Ltd. 2019 (163) FLR 147 (M.P.H.C.)

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OvertimeIf the prescribed hours of work is reduced to 7-1/2hours a day, workman cannot demand overtime forworking after 7-1/2 hours to 8 hours.

M.K. Thiyagarajan vs. Managing Director, TamilNadu Newsprint and Papers Limited, Chennai andAnother. 2019 LLR 621 (Mad. H.C.)

Part-Time EmployeeCompliance of provisions of section 25-F of the Act ismandatory even in the case of part-time worker at thetime of termination of his services.

State of Haryana & Ors. vs. Presiding Officer, IndustrialTribunal-cum-Labour Court, Ambala & Anr. 2019 LLR 412(P&H H.C.)

Payment of Bonus ActWhen the establishment may not be making profits,payment of minimum bonus is mandated underSection 10.

J&K State Road Transport Corporation vs. TarlochanSingh and Others. 2019 LLR 622 (J&K H.C.)

Non-payment of bonus under the Act is an industrialdispute and can be raised by the person himselfwithout any assistance from trade union against hisemployer (out sourcing agency).

Mohan Lal vs. Union of India and Others. 2019 LLR161 (H.P. H.C.)

Payment of customary bonus beyond the statutorybonus under the Act is not mandatory, if it is/was afresh demand by the workmen.

Pharmaceutical Chemical & Allied Employees Unionvs. The Management of M/s. J.L. Morrison (India)Ltd. 2019 LLR 229 (Kar. H.C.)

Hospitals earning profits would attract theapplicability of Payment of Bonus Act.

Managing Director, Vinayaka Missions MedicalCollege And Hospital vs. Presiding Officer, IndustrialTribunal-cum-Labour Court, Puducherry andAnother. 2019 LLR 264 (Mad. H.C.)

The educational institution will only be liable to loosethe exemption under Section 33 (v) (b) of the Paymentof Bonus Act and employees will be entitled to bonusif the dominant purpose shift from educational toprofit generation.

The Management of Sathyabama University vs. ThePresiding Officer, Industrial Tribunal, Chennai &Another. 2019 LLR 727 (Mad. H.C.)

When a factory is run by trust having manufacturingand commercial activities, its employees are entitledto bonus under the Payment of Bonus Act.

Management of Worth Trust vs.Presiding Officer,IndustrialTribunal, Chennai & Another. 2019 LLR 738 (Mad. H.C.)

ProbationProbation period of an employee would be extendeduntil confirmed in writing if so mentioned in theappointment letter.

M/s. Deccan Charters Private Limited vs. SaritaTiwari. 2019 LLR 1069 (Delhi H.C.)

Even after issuing show cause notice to probationerbut was discharged simpliciter would not be illegal.

Tarsem Lal vs. HRTC and Others. 2019 LLR 1107 (H.P.H.C.)

Probationer has no right to hold a post and hisservices can be terminated at any point of timebased on unsuitability.

C. Ranganathan vs. Registrar General, High Court,Chennai and Others. 2019 (161) FLR 748 (Mad. H.C.)

Termination of services of Probationer on account ofunsatisfactory performance is justified since such atermination is simpliciter in nature. Termination ofprobationary services of a workman is notinfringement of any legal right of the workman.

Narender Kumar Sharma vs. Presiding Officer,Industrial Tribunal-cum-Labour Court, Rohtak. 2019LLR 384 (P&H H.C.)

Protected WorkmanA workman facing departmental enquiry or criminaltrial can be denied status of protected workman.Non declaration of such workman as protectedworkman is not illegal.

Wonderla Karmika Sangh, Bengaluru vs. AssistantLabour Commissioner. 2019 (163) FLR 35; 2019 LLR767 (Kar. H.C.)

When the workman is facing departmental enquiryor a criminal trial, he can be denied the status ofprotected workman as per law settled by Courts.

M/s. Wonderla Holidays Limited vs. AssistantLabour Commissioner, Bangaluru Division-1. 2019LLR 228 (Kar. H.C.)

Even though management did not grant/recogniseunion office bearer as protected workman andterminated his services, since he was alreadycontinuing as a protected workman earlier, it will bedeemed that he had become the protectedworkman.

Mahendra CIE Shramik Sangathan vs. State ofUttrakhand. 2019 (163) FLR 998 (Uttar.H.C.)

PunishmentIf co-charge-sheeted employee accepts the charges,indicating remorse with unqualified apology, lesserpunishment to him would be justifiable.

Naresh Chandra Bhardwaj vs. Bank of India & Ors.2019 LLR 630 (S.C.)

Punishment of dismissal from service is justified forthe misconduct of consuming liquor while on duty.


If the punishment of dismissal awarded to employeeis reduced by the appellate authority, employeewould be in complete absolution of the chargesleading to service benefit because of retirementbefore the court order.

Gulshan Kumar Sachdeva vs. Food Corpn. of Indiaand Others. 2019 LLR 1223 (Delhi H.C.)

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Punishment of compulsory retirement to a workman,found guilty of attempting to obtain fraudulentpayment of Rs. 27,745 by manipulation in sectionorder is justified.


Penalty of removal from service is justified and notshockingly disproportionate for the misconduct ofstealing official documents and using them againstthe school.

Manjeet Singh vs. State of NCT of Delhi & Ors. 2019LLR 129 (Delhi H.C.)

Punishment of termination would be improper whenloss of Rs. 21 was recovered from the conductor.Reinstatement granted.

A. Narsimha Rao vs. Depot Manager, APSRTC,Jaggaiahpeet, Krishna District & Anr. 2019 LLR 140(Hyderabad H. C.)

ReferenceReference of any industrial dispute is bad if the issuesinvolved have already been decided by anyappropriate forum since such a reference is barred bythe principles of res judicata.

Chairman and Managing Director, The Fertilizersand Chemicals Travancore Ltd. & Anr. vs. GeneralSecretary, FACT Employees Association & Ors. 2019LLR 629 (S.C.)

Government can consider prima facie the merits ofdispute and from taking other relevant considerationsinto account. Reference order is an administrative actand not a quasi-judicial act.

Steel Autority of India Ltd. vs. Union of India. 2019(163) FLR 835 (All. H.C.)

Government cannot refuse to refer a dispute of a SalesManager on the ground that he was not a workman.Government has no power to adjudicate if theemployee is a workman or not.

Rahul Muzaffarpuri vs. The Union of India andOthers. 2019 LLR 964 (Pat. H.C.)

Delay and latches by itself cannot be a ground forrefusing making of reference of an industrial disputeby the Government for adjudication.

Devi Dayal vs. State of H.P. & Others. 2019 LLR 980(H.P. H.C.)

Provisions of Industrial Disputes Act are applicable tominority educational institutions. There is no illegalityin reference made by State Government.

M/s. Ingraham Institute vs. Dy. Labour Commissioner,Ghaziabad and Others. 2019 (161) FLR 645 (All. H.C.)

When the employee was terminated formisappropriation of money which he admitted anddeposited later on, he also demanded payment ofgratuity which was made, in such circumstances, opinionof government for rejecting the reference that employeewas not interested in reinstatement is beyond anydoubt. Rejecting the dispute for reference is justified.

Mr. Dilip Khavnekar vs. The Conciliation Officer & Asstt.Labour Commissioner & Ors. 2019 LLR 268 (Bom. H.C.)

Labour Court/Tribunal cannot examine the validityof reference.

Vippu Spinpro Ltd. vs. Ganesh Thakre & Others. 2019LLR 491 (M.P. H.C.)

Government is liable to refer the dispute of illegaltermination of medical representative covered underSales Promotion Employees Act.

Amresh Kumar vs. The State of Bihar & Others. 2019LLR 495 (Pat. H.C.)

The issue of genuineness of contract betweenemployer and contractor is to be adjudicated by theLabour Court and government has to advert thepoint in a reference properly.

Hindustan Coca-Cola Beverages Pvt. Ltd. vs.Secretary to the Govt. of Karnataka & Another. 2019LLR 503 (Kar. H.C.)

Question which ought to have been referred foradjudication could not have been considered byDeputy Labour Commissioner on his own.Government is liable to make reference of industrialdispute.

Mathu and Others vs. State of U.P. and Others. 2019LLR 527 (All. H.C.)

Appropriate government rightly declined to referthe dispute sought to be raised after 9 years.

Bheemsen vs. Labour Commissioner. 2019 (161) FLR206 (H.P. H.C.)

RegularisationDaily wager does not have any right for regularservices in lieu of his illegal termination.

State of Uttrakhand & Anr. vs. Raj Kumar. 2019 LLR357 (S.C.)

Employee engaged through a Co-operative Societyby public sector undertaking for running a statutorycanteen are not entitled for absorption aspermanent employees of the principal employerpublic sector undertaking.

Hindustan Insecticides Ltd. vs. General Secretary, HilCanteen Employees' Union (CITU) and Others. 2019LLR 302 (Ker.HC)

ReinstatementTermination of workmen in contravention ofSections 25-F, 25-N and 25-O of the IndustrialDisputes Act, 1947, is illegal, justifyingreinstatement with continuity of service and backwages.

Pradhan Baijnath Tea Estate Mazdoor Sangh vs.State of Himachal Pradesh and Others. 2019 LLR1239 (H.P. H.C.)

Reinstatement not to be awarded when eitheremployer lost confidence in the employee or havestrained relationship or employee found guilty ofsubversive or prejudicial activities or industry isclosed or become sick.


An employee is not entitled to full back wages orreinstatement who is found involved in fraudulenttransaction, causing financial loss and loweringreputation of the management.

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Central Warehousing Corporation vs. MadanMohan. 2019 LLR 885 (Delhi H.C.)

When the enquiry conducted by the employer is heldnot fair and proper by the Labour Court, awardingreinstatement with full back-wages is justified.

Hindalco Industries Limited, Renukoot vs. PresidingOfficer, Labour Court, and Another. 2019 (160) FLR241 (All. H.C.)

When termination is in gross violation of statutoryprovisions and/or principles of natural justice oremployer is guilty of victimizing the workman, thendirecting reinstatement with full back wages isjustified.

UCO Bank vs. Presiding Officer, Central GovernmentIndustrial Tribunal-cum-Labour Court-II,Chandigarh. 2019 LLR 506 (P&H H.C.)

ResignationOn the basis of resignation, when it is acceptedduring notice period and his replacement is madeavailable by the employer, employee cannotwithdraw the resignation.

Air India Express Limited and Ors. vs. Capt.Gurdarshan Kaur Sandhu. 2019 LLR 1128 (S.C.)

When an employee mentions the date of effectiveresignation coming in future within a period as perstipulation in his employment contract, effectiveacceptance of resignation without his wishes beforethat date coming in future, amounts to reallyenforcing a date of termination i.e., a forcedresignation.

Sanjay Jain vs. National Aviation Co. of India Ltd.2019 LLR 225 (S.C.)

When workman alleged that his resignation wasobtained forcefully, it is for the employer to establishthat it was not and he left the services of his own.

Prabhu Verma vs. D.P. Industries. 2019 LLR 711(Delhi H.C.)

When employee while submitting his resignation,requests the employer to accept the sameimmediately, there cannot be any fault on the part ofemployer to accept immediately. Such resignationcannot be set to have obtained by force.

Arvind Engineers vs. Keshav Yadav and Anr. 2019LLR 715; 2019 (163) FLR 17 Summary of Cases (P&HH.C.)

When workman after submitting resignation,receives and accepts full and final payment, suchresignation cannot be said to have obtainedforcefully.

AVTEC Limited vs. Naresh. 2019 LLR 254 (M.P. H.C.)

When employee accepts and received the paymentafter resignation, such resignation cannot be said tohave obtained under coercion.

M/s. Kay International vs. Raghubir Singh. 2019LLR 361 (Delhi H.C.)

Acceptance of resignation after receipt of withdrawalof resignation is not a valid acceptance.

Sooryakanth vs. Kerala State Financial EnterprisesLtd. 2019 LLR 415 (Ker. H.C.)

RetrenchmentEmployee who has completed 240 days ofcontinuous services is entitled to protection oflabour laws. If retrenchment provisions are notcomplied with, it will attract reinstatement withback-wages.

State of Gujarat & Anr. vs. Munta AalamkhanNurbeg. 2019 LLR 1303 (S.C.)

Section 25-H of the I.D. Act comes into operationonly when the employer propose to take any personin the employment to fill the vacancy andretrenched employee gets preference over theothers and not when the retrenched employeeaccepts the compensation in lieu of reinstatementawarded by the court.

Management of the Barara Co-operative Marketing-cum-Processing Society Ltd. vs. Workman PratapSingh. 2019 II CLR 379 (S.C.)

Provisions of Section 25-F of the Industrial DisputesAct, 1947 would cease to apply after abandonmentof job by the employee since her service could notbe treated in continuity i.e., 'continuous services'after her abandonment of job.


Termination without compliance of retrenchmentprovisions would be illegal. If abandonment plea isfailed, it will be a case of retrenchment.

Max Flow Pumps India (P) Ltd. vs. PresidingOfficer, Industrial Tribunal-cum-Labour Court-III,Gurugram and Anr. 2019 LLR 1209 (P&H H.C.)

Reinstatement with back-wages would be attractedwhen termination is effected without complyingretrenchment provisions.

Executive Engineer, Twad Board and Others vs.P.O., Labour Court, Madurai and Another. 2019 LLR1074 (Mad. H.C.)

Termination without complying retrenchmentprovisions will attract reinstatement with back-wages and other benefits.

Shri Anil Kumar and Another vs. The ExecutiveOfficer, Municipal Council, Dalhousie. 2019 LLR1015 (H.P. H.C.)

Retrenchment of workmen is valid if payment ofretrenchment compensation with one month'snotice pay is paid on the date of retrenchment byway of demand draft since it would be duecompliance of Section 25-F of the I.D. Act.

Darshan Singh Chawla & Others vs. The State ofPunjab & Another. 2019 LLR 970 (P&H H.C.)

In case of illegal retrenchment when other workerswere awarded with reinstatement with 50% back-wages, some relief is also to be given to theaggrieved employee when he was only grantedcompensation in place of back-wages andreinstatement.

The Executive Engineer, PWD Public HealthDivision No. 2, Pataudi, Gurgaon vs. Sukhdev andAnother. 2019 LLR 969 (P&H H.C.)

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Termination of a part time sweeper after his servicefor a number of years without compliance ofSection 25-F of the Industrial Disputes Act, 1948 isillegal.

State of Haryana and Other vs. P.O., IndustrialTribunal-Cum-Labour Court, Ambala and Another.2019 LLR 855 (P&H H.C.)

Termination of services of an employee in violationof Sections 25-F, 25-G and 25-H of the IndustrialDisputes Act, 1947 is illegal.

State Bank of India vs. Lalit Joshi & Ors. 2019 LLR881 (P&H H.C.)

Termination without compliance of retrenchmentprovisions would lead to reinstatement.

Administrative Officer, Municipal Corporation andOthers vs. Navab Singh. 2019 LLR 761 (M.P. H.C.)

Termination of services in violation ofretrenchment is illegal justifying reinstatementwith back wages and continuity of service.

Executive Engineer, Provincial Division, Haryana,PWD (B&R) Branch, Jhajjar vs. Pradeep Kumarand Another. 2019 LLR 617 (P&H H.C.)

Non-compliance of principle of last come, first gowhile terminating the services of a workman, isillegal being violative of Section 25-G of theIndustrial Disputes Act, 1947.

State of Himachal Pradesh and Another vs. ParasRam. 2019 LLR 635 (H.P. H.C.)

When termination is in violation of Section 25-F ofthe Industrial Disputes Act, 1947, awardingreinstatement to the workmen is appropriate.

The Commissioner, Rajkot Municipal Corporationvs. Rajesh (Raju) Jayantilal C/o J.V. Pandya. 2019LLR 637 (Guj. H.C.)

When the duration of service is very short,lumpsum compensation @ Rs. 30,000 per year ofservice in lieu of reinstatement is appropriate.

Xen/P.W.D. (B&R), Malerkotla Sangrur and Anr. vs.Presiding Officer, Industrial Tribunal, Patiala andAnr. 2019 LLR 143 (P&H H.C.)

In the absence of any material to the effect thattermination was on expiry of contract period, suchtermination would be deemed as retrenchmentwhich will be illegal if not complied with theprovisions of I.D. Act.

Managing Director, UHBVNL Panchkula, andOthers vs. P.O., Industrial Tribunal-Cum-LabourCourt, Rohtak and Another. 2019 LLR 147 (P&HH.C.)

If a workman has not worked continuously for 240days during preceding 12 calendar months, he isnot entitled to seek any relief under Section 25-F ofthe Industrial Disputes Act, 1947.

Lokendra Singh Chouhan vs. Manager, ReligayerSecurity Limited. 2019 LLR 167 (M.P. H.C.)

Illegal termination without compliance of Section25-F of I.D. Act will attract reinstatement withback-wages.

The Dean, College of Horticulture and Forestry,Neri and Another. vs. Shri Sanjeev Kumari andAnother. 2019 LLR 227 (H.P. H.C.)

Termination without complying provisions of

Section 25F of I.D. Act would be illegal leading toreinstatement.

Municipal Corporation, Gwalior vs. SurendraSingh Yadav. 2019 LLR 376 (M.P. H.C.)

Service ConditionAny change in service conditions of the employeeas per terms and conditions in the already issuedappointment letter by way of corrigendum of officeorder is not permissible.

Gujarat Energy Transmission Corporation Limitedvs. K.K. Gandhi & 1 Ors. 2019 LLR 888 (Guj. H.C.)

Service of NoticeService of notice would not be proper if sent onwrong address or received back with endorsement"no such person" reside at the address indicated onnotice.

General Manager, Tamilnadu State TransportCorporation vs. Industrial Tribunal, Chennai andOthers. 2019 LLR 1076 (Mad. H.C.)

SettlementRemoval of services of workmen as per terms ofsettlement with the union by paying settledamount under Section 12(3) and 18(1) of I.D. Actwould not be illegal.

M/s. Pamwi Tissue Ltd. vs. State of HimachalPradesh and Another. 2019 LLR 1111 (H.P. H.C.)

Sexual HarassmentDue to non supply of preliminary enquiry reportthe proceedings are not vitiated.

Dr. P.S. Mallik vs. High Court of Delhi. 2019 (163)FLR 94 (S.C.)

Termination after issuing charge-sheet,conducting enquiry by ICC and recommendation ofICC would be proper and fair.

Secretary, Lucy Sequeira Trust and Another vs.Kailash Ramesh Tandel and Others. 2019 LLR 999(S.C.)

Once IC makes recommendation, there is no otherchoice, except to take action. Finding of IC cannotbe countenanced in fact and law. Tribunal cannotcompel parties to adduce fresh evidence to provecharges. Approach of Tribunal is invalid. ICacquires special power under Act to makerecommendation. Scope of power of IC is muchwider than that of Enquiry Officer and IC haspowers of Court like that of Industrial Tribunal. Incase of dismissal due to sexual harassment, noapproval is required.

Management, Christian Medical College AndHospital vs. S.G. Dhamodharan. 2019 (162) FLR 965;2019 LLR 769 (Mad. H.C.)

When the woman could not disclose the names ofeye witnesses as per contents of complaints anddid not disclose exist language of allegations on

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the ground of modesty, also when her past recordwas full of negligence, ICC rightly concluded thatcomplaint was false.

Anita Suresh vs. Union of India and Others. 2019LLR 947; 2019 (163) FLR 693 (Delhi H.C.)

No supply of copy of finding of enquiry conductedby Internal Complaints Committee constitutedunder POSH Law, non supply of copy of enquiryreport of IC; non-providing opportunity topetitioner for cross examination of complainants,are the factors on the basis of which enquiryfinding may be vitiated.

Pradeep Jeganathan vs. State of U.P. and Another.2019 LLR 965 (All. H.C.)

When earlier proceedings based on the ICC reportis pending, no fresh inquiry can be ordered by ICC.

Suman Saurabh vs. Internal ComplaintsCommittee Hewlett Packard Global Soft Pvt. Ltd.2019 LLR 975 (Kar. H.C.)

Where service rules exist, proceedings before ICCwould not be regular enquiry. Punishment on thebasis of ICC recommendation cannot be accepted.Provisions of POSH Act can't be treated insuppression of service rules.

Debjani Sengupta vs. Institute of Cost Accountantsof India and Others. 2019 LLR 990 (Cal. H.C.)

Enquiry of the IC where neither the copy of thecomplaint was supplied nor given opportunity tofile response to the complaint and completedwithin 3-4 hours in one go would be againstprinciples of natural justice.

Mr. Tushar vs. Internal Complaints Committee &Others. 2019 LLR 609 (Kar. H.C.)

When a settlement was recorded in the presence ofthe person against whom the complainant hassought redressal of her grievance seekingexamination of voice samples of them by ForensicLab Expert, there is no bar if the complainant is notemployee of the Air Force or the InternalCommittee not being of the Society but hergrievance is to be redressed for which impugnedorder as made is not having any infirmity.

Air CMDE Tejbir Singh and Others vs. PremaLatha Sharma. 2019 LLR 613 (Kar. H.C.)

A complaint to change her department is not to betreated as a complaint of sexual harassment.

Dr. Kamble Ashok vs. The Vice Chancellor,Karnataka State Open University and Others. 2019LLR 615 (Kar. H.C.)

When the aggrieved woman communicated theinstances to the employer within limitation periodbut did not put before the internal complaintcommittee resulted into dismissal of complaintbeing barred by limitation, Complaint committeeshould reconsider the additional document andgive opportunity of hearing to both parties.

X vs. The District Magistrate (South) & Anr. 2019LLR 260; 2019 (161) FLR 677 (Delhi H.C.)

The provisions of the POSH Act are in addition toand not in derogation of any other law for the timebeing force.

X. vs. State of J&K & Anr. 2019 LLR 299 (J&K H.C.)

Sit-in-StrikeSit-in protests inside the factory premises beyondworking hours is unlawful criminal offencepunishable under India Penal Code.

Hindustan Motor Finance Corporation Ltd. vs. TheSuperintendent of Police and Others. 2019 LLR 869(Mad. H.C.)

Standing OrdersNew punishment clause of "Break in Service"cannot be allowed to be added in already certifiedstanding orders if purpose can be achieved byavailable variety of punishments.

Management of Sri Ramnarayan Mills Ltd. vs.Secretary, Coimbatore District Textile WorkersUnion (HMS) others. 2019 LLR 119 (S.C.)

Model standing orders is deemed to have been ineffect prior to certification and coming into effectof the standing orders.

M/s. Gehana Gold Palace (P) Ltd. vs. Employees P.F.Appellate Tribunal and Another. 2019 (163) FLR 623(Ker. H.C.)

Standing order having a clause of termination ofworkman without assigning any reason by giving30 days notice or wages in lieu thereof is ultra viresand liable to be quashed.

Jeetendra Krishna Varma vs. Air India Ltd. andAnother. 2019 LLR 777; 2019 Lab IC 1623 (Bom. H.C.)

StrikeIn case of strike, employer is entitled to get policeprotection and workers are to remain 200 metersaway and restrained from causing hindrance iningress and egress of willing workers, material toenter and exit factory premises.

United Labour Federation vs. The Management ofSNY Autotech Pvt. Limited. 2019 LLR 716 (Mad. H.C.)

Suspension AllowanceIt is well settled that suspension allowance is partof wages, defined u/s. 2(i) (iv) of the Payment ofWages Act, 1936 and in view of on principles ofnatural justice, when the employee/workman issuspended, while holding the disciplinary inquiryfor some misconduct committed by him, theworkman deserves to get suspension allowance,for the purpose of maintenance of himself and hisdependents.

Tanaji Genba Pawge, Navi Mumbai vs. MumbaiVegetable Market Unprotected Workers Board &Anr. 2019 II CLR 339 (Bom. H.C.)

TerminationTermination of services of an employee on thebasis of sentence to undergo imprisonment for 3

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months who was released by Appellate Court onprobation is not sustainable.

The State Bank of India & Others vs. P.Soupramaniane. 2019 LLR 630 (S.C.)

Termination of services of an employee is justifiedwhen he was offered severance package, includinglast drawn basic salary + allowances for 15 dayssalary for number of completed years of servicewhen he did not accept alternate position.


Termination on the ground of involvement in acriminal case is liable to be quashed when in thepunishment reduced to fine instead of conviction.

Ajaypal Singh (D) through LRs. vs. AssociatedCement Companies Ltd. 2019 LLR 473 (S.C.)

On termination, burden of proof of employer -employee relationship is always upon the personwho sets up such plea.

Rajesh Shah vs. Workmen, United WorkersAssociations. 2019 (163) FLR 23 Summary of Cases(Bom. H.C.)

Termination of service of the workman was illegalsince the it was effected without any enquiry.

M.P. Housing and Infrastructure DevelopmentBoard, Bhopal vs. Controlling Authority-Cum-Assistant Labour Commissioner, Bhopal andothers. 2019 LLR 1213 (M.P. H.C.)

Termination not justified when charge of theft notproved against the workman neither by securitypersonnel nor any other witness.

Klenzaids Contamination Controls Pvt. Limited vs.Vishvanathan P.K. 2019 LLR 958 (Guj. H.C.)

Termination of the employee without enquirywould be illegal when he was issued show causenotice of forged educational certificate to whichemployee submitted the reply. In such a caseenquiry is a must.

State of Haryana and Others vs. Bijender Singhand Another. 2019 LLR 633 (P&H H.C.)

Non production of service records by the employerwould lead to adverse inference. Oral terminationwithout compliance would be illegal.Compensation in lieu of reinstatement is proper,when both parties have agreed mutually.

Director Central Sheep & Wool Research Institute &Another vs. Fangu Ram. 2019 LLR 226 (H.P. H.C.)

Trade UnionEmployees working under contractor cannot claimright to vote in election for recognising TradeUnion.

Tata Finalay Employees Association vs. Dy. LabourCommissioner, Ernakulam, Kochi and Others. 2019(161) FLR 974 (Ker. H.C.)

When there is a dispute between two rival factionsfor managing the affairs of trade union, suchdispute can only be resolved by filing a suitebefore civil court. Registar of trade union has noauthority to direct the holding of election of union.

PUB Mangal Dai, BE-Sarkari Paribahan Shramik

Sangthan Darrang vs. State of Assam. 2019 (161)FLR 30 (Gau. H.C.)

Unrecognized or minority union has a right to meetand discuss with management and labourauthority about the grievances of individualworkman relating to service conditions.

Management of M/s. TE Connectivity India PrivateLtd. vs. The General Secretary, TE ConnectivityStaff Association (TECASA) And Another. 2019LLR 498 (Kar. H.C.)

TraineeTrainee cannot be included in minimum wagesnotification for the purpose of fixing minimumwages.

Hindustan Sanitaryware and Industries Ltd. &Ors. vs. The State of Haryana. 2019 LLR 591 (S.C.)

TransferImmediate transfer of an employee because sheapproached higher authority for resolving hergrievance constituting it as misconduct, would bemalafide.

Smt. Veena Devi vs. Container Corporation of IndiaLtd. (CONCOR) and Ors. 2019 LLR 1308 (Delhi H.C.)

Justification for challenging the transfer order willbe only after the employee joins at the place oftransfer. Transfer will not amount to stigma if theemployee is charge-sheeted.

S. Umarani vs. Director of Town Panchayats,Chennai and Others. 2019 LLR 779; 2019 Lab IC 325(Mad. H.C.)

In the absence of any agreement, employee cannotbe transferred to subsidiary company having nolegal entity.

M/s. Tasty Nut Industries vs. The Labour Court,Tirunelveli and Another. 2019 LLR 379 (Mad. H.C.)

Transfer when ordered in contravention ofrules/circular, would be illegal.

Amol Radhakrushna Thakare vs. MaharashtraState Road Transport Corporation. 2019 LLR 403(Bom. H.C.)

Transfer order not to be interfered with by thecourt when made on administrative grounds.

M.P. Power Transmission Company Ltd. vs.Yogendra Singh Chahar. 2019 LLR 489 (M.P. H.C.)

Unauthorised AbsenceDismissal for unauthorized absence on medicalgrounds would not be justified.

North-East Karnataka Road TransportCorporation vs. Sayed Abdul Raheem. 2019 LLR1105 (Kar. H.C.)

Dismissal for long absence after enquiry isjustified. Claim of illness found vague hencerejected.

Shanti Kaur vs. Delhi Transport Corporation andAnr. 2019 LLR 946 (Delhi H.C.)

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Courtsey - Labour Law Reporter, FLR, CLR and LLJ


Dismissal for unauthorized absence ranging from 5days to 177 days is justified.

Siddhi Nath Ranjan vs. Heavy EngineeringCorporation Ltd., Dist. Ranchi and Ors. 2019 LLR961; 2019 II CLR 697 (Jhar. H.C.)

Dismissal justified for long unauthorized absenceof 11 years.

Sikandar Singh vs. Presiding Officer, IndustrialTribunal Ludhiana & Ors. 2019 LLR 984 (P&H H.C.)

Termination of services of a workman on accountof unauthorized absence but without holdingenquiry is illegal.

M/s. Rathi Udyog Ltd. vs. P.O. Labour Court (I),U.P., Ghaziabad and Others. 2019 LLR 830 (All. H.C.)

When termination order was issued after about 10years of issuing second show cause notice afterproving the charge of unauthorized absence, suchtermination would not be justified.

Bapu Tarachand Haral & Ors. vs. Zila ParishadAhmednagar. 2019 LLR 400 (Bom. H.C.)

Unfair Labour PracticeFictional breaks to disturb continuity in service ofthe workman is unfair labour practice and bad inlaw.

State of Himachal Pradesh and Another vs. ParasRam. 2019 LLR 635 (H.P. H.C.)

Transfer of an employee from one place to othercannot be termed as illegal to be taken as 'criminaloffence' for prosecuting the employer forcommitting unfair labour practice under I.D. Act.

Rolastar Private Limited vs. State of Gujarat. 2019LLR 292 (Guj. H.C.)

U.P. I.D. ActTermination in violation of Section 6-N onlybecause the project stood completed, would beillegal.

Om Prakash Yadav vs. State of U.P. and Another.2019 (163) FLR 655 (All. H.C.)

Recovery of back-wages and other benefits is to beinitiated against the company and not the directorin personal capacity.

Sanjay Bansal vs. State of U.P. and Others. 2019(163) FLR 659 (All. H.C.)

Onus of proof lies on the workman to establish thathe worked for 240 days continuously to seek anyrelief. In such absence, workman is not entitled tobenefit of protection of Section 6-N of the Act.

State of U.P. vs. Chhuna Lal. 2019 (163) FLR 1 (All. H.C.)

Wage IncreaseWage increase granted by the industrial tribunal tothe workers on the basis of wage settlements

executed in other industries in the same region,financial capacity and profitability of themanagement would be proper and justified.

Factory Manager, AVTEC Limited vs. State of M.P.and Another. 2019 LLR 155 (M.P. H.C.)

WorkmanSenior Confidential Secretary to Senior Manager(North India) is a workman under I.D. Act.


A trainee AME is not a workman under Section 2 (s)of the Industrial Disputes Act, 1947.

M/s. Deccan Charters Private Limited vs. SaritaTiwari. 2019 LLR 1069 (Delhi H.C.)

Traffic Inspector is not a workman under I. D. Acthaving powers to take action against employeeswho are absenting frequently.

Divisional Controller, Raichur vs. B.S.S. Kumar s/oBabu Rao. 2019 LLR 1102 (Kar. H.C.)

When a person is doing supervisory work butincidentally does some clerical work also, he will besupervisor under I. D. Act.

Duncans Industries Ltd. vs. State of U.P. andOthers. 2019 LLR 1129 (All. H.C.)

Senior accountant even if having no subordinatebut discharging the duties of voucher entry,voucher making, sale purchase bills, bankreconciliation, sales tax, VAT, would not beworkman under I.D. Act.

Triloki Nath Overseas (P) Ltd. vs. Shri HariOverseas (P) Ltd. 2019 LLR 778 (Delhi H.C.)

Senior executive accounts doing the job of accountbooks, reconciliation, data entry, creditor anddebitor account maintenance, preparing sales taxreturns are the functions of managerial andadministrative nature, hence not workman underI.D. Act.

Amreesh Kumar vs. Shri Hari Overseas (P) Ltd.2019 LLR 645 (Delhi H.C.)

Branch Manager drawing Rs. 10,000 per monthwith having two subordinates under him will falloutside the definition of workman under I.D. Act.

Nirankarsingh Balbirsingh Tyagi vs. Fourt SquareMedia (P) Ltd. 2019 LLR 138 (Guj. H.C.)

Person, though nominated as Officer, working inthe field to promote company products andvisiting doctors, chemists, wholesales andhospitals would be workman under I.D. Act.

Pfizer Limited Pfizer Estate vs. Presiding Officer,Industrial Tribunal, Bhatinda and Another. 2019LLR 145 (P&H H.C.)

Sales Promotion Officer when engaged inmanagerial capacity would not be workman underI.D. Act.

Provimi Animal Nutrition India Pvt. Ltd. vs.Secretary, M.P. Medical & Sales RepresentativesAssociation & Anr. 2019 LLR 404 (M.P. H.C.) BM


LABOUR PROBLEMS & SOLUTONS

Solutions provided here are in context to narrated facts & not in general.

Displinary proceedings should be conducted in a

language, which is known to and understood by

workman.

Q. We have purchased one establishment. I want to know that whetherthe purchaser or the seller would be liable to pay retrenchmentcompensation to the employees who are deemed terminated?

Ans. The law is very much settled in this respect. According to Section25FF of Industrial Disputes Act the transferor is liable to paycompensation to such employees and not the purchaser. It was settledby Supreme Court in the case of Anakapalla Co-oporative Agriculturaland Industrial Society vs. It’s Workmen. 1962 (II) LLJ 629. Supreme Courtin the case of New Horizon Sugar Mills Ltd. Ariyur vs. Ariyur Sugar MillsStaff Walfare Union. 2009 LLR 1320 has also decided in the samedirection.

Q. Employee when after termination has accepted the charges beforelabour court, can he be reinstated by labour court on the ground thatthe punishment was excessive?

Ans. Though Industrial Tribunal/Labour Court has discretionary powersunder Section 11A of the I.D. Act to interfere with the punishmentimposed by the employer if it founds the punishment disproportionate tothe gravity of the misconduct, but these powers are to be exercised withrestraint by giving sound reasons in case of reducing the punishment withjustification. Gujarat High Court in the case of State Bank of India vs.T.M.Solanki. 2008 (II) LLJ 274 has held that if somebody after committing themisconduct pleads guilty, then, he does not challenge the charge.

Confession of misconduct would not provide a reasonsable, legal andvalid ground to the labour court to interfere with the punishmentimposed by the employer. In this case labour court has observed thatpunishment was excessive because the employee had admitted the guiltbefore the court.

Q. In which language the enquiryproceedings against the employeeshould be written so that it does notbecome invalid?

Ans. The central idea behind the issue isthat the employee against whom thedisplinary proceedings are drawn, heshould be able to understand as to whatis written in the proceedings.This is also apart of principles of natural justice. Theemployee should sufficiently establishthat by using a particular language in theenquiry has caused prejudice to him. Onlythen the enquiry may be declared asinvalid. Madras High Court in the case ofManagement of Cheran TransportCorporation Ltd., Coimbatore vs. P.O.Industrial Tribunal. 2002 LLR 773 has heldthat when the enquiry proceedings wereheld in tamil language and the workmandid not know tamil and his request abouthis representation by a person knowingtamil language was also rejected by theEnquiry Officer, then it is sufficientprejudice caused to workman andenquiry was declared vitiated.

Bombay High Court in the case of NandiniMehta, Prop. of M/s. Layovak Laboratoriesvs. Smt. Amol Kate. 2004 LLR 111 has heldthat when the model standing ordersprovide about choice of language to beused in the enquiry proceedings and thechoice was not given to the workman andenqiury proceedings were drawn inenglish language, the enquiry declaredinvalid even after the employeeparticipated in the enquiry, did not objectabout the english language, did not raiseany objection because it will not beconstrued to the effect that the employeehad waived his right to get opportunityabout language of proceedings under themodel standing orders mendating theEnquiry Officer to affored opportunity tothe employee about the choice of thelanguage.

In another case Bombay High Court in thecase of Shashikant M. Sable vs. AdvaniOerlikon Ltd. 2009 LLR 30 held that theenquiry cannot be held to be conductedillegaly when the employee was allowedto be represented by a person of hischoice and no objection was raised byhim about the english language used inthe enquiry proceedings. Bombay HighCourt in the case of National OrganicChemicals Ltd. vs. Pandit Ladaku Patil.

LINEAnil Kaushik Management Expert -HR & IR


LABOUR PROBLEMS & SOLUTONS

LINE

2009 LLR 219 (SN) has held that at when the workman studied inenglish senior secondary school examination and the whole work ofthe company was done in english language, the enquiry proceedingsin english language cannot be said to have caused prejudice to theemployee simply because it were not done in marathi language. Inthis case the employee was provided a translated copy of the charge-sheet on his request and thereafter all proceedings were fullyexplained to him marathi language before being recorded in english.

Q. When an employee submitted his resignation in his own handwriting and accepted on the same day, can it be said that it wasobtained under force?

Ans. It depends on facts and circumstances of each case. GujaratHigh Court in the case of Integrated Child Development ServiceOfficer vs. Hemaginiben Bakulbhai Vyas. 2009 LLR 1184 has held thatwhen an employee has resigned in her own hand writing and it wasaccepted on the same day, the employee cannot wriggle out thesame. In such case order of awarding reinstatement with 60% back-wages was set aside by the high court.

Q. The employee has been issued show cause notice and I havebeen appointed as Enqiury Officer. Am I required to frame thecharges against the employee before starting enquiry?

Ans. Since show cause notice has alredy been issued and disciplinaryproceedings do not equate with criminal proceedings and law ofevidence does not apply on enquiry proceedings.You are notrequired to frame any charges or issue charge-sheet to the employee.Disciplinary proceedings are nothing but a fact finding mission withan objective to provide reasonable opportunity of hearing to theemployee against whom there are charges of misconduct. SupremeCourt in the case of Cholan Roadways Ltd. vs. G.Thirugnanasambandam. 2005 LLR (SN) 302 and Karnataka HighCourt in the case of St.Thomos Mission Hospital vs. State of Kerala.2007 LLR 610 have held in the same direction.

Q. Is it legally permissible to keep few workers permanently in nightshift and is there any specified time frame of shifts?

Ans. When the factory is working round the clock and workers areworking in shifts, it is required that workers performing same

nature of work in different shifts arerequired to be rotated.The Factories Actdoes not specify any time frame afterwhich a shift should rotate. It is for thefactory manager to classify the workersin to groups and sub-groups (relays)according to the nature of work and tofix the timings of the shifts and decidethe routine of shifts in which thesegroups and relays of the workers shall berequired to work.

The work arrangement in shifts isrequired to be notified by the manageralongwith peridocity of change of shiftsas per provisions of Section 61 of theFactories Act. So, it would be against thespirit of law if few workers arepermanently kept in night shift.

Q. Is E.S.I. applicable on the amount paidto independent contractor towardsconstruction of building?

Ans. ESI will not be payable on theamount paid towards material cost,machinary and other expenses except theemployee wages paid to them by thecontractor. Karnataka High Court in thecase of Regional Director, ESI Corporation,Bangalore vs. Management of ShagilPrecision India. 2009 LLR 72 has held thatthe amount paid to the contractortowards other items accept employeewages will not come under the definitionof wages to attract ESI contribution.

Q. We have a company lawyer. Can he beappointed as Enquiry Officer to enquireinto the charges levelled against theworkman?

Ans. Yes! He can be appointed as EnquiryOfficer to conduct the enqiury. Kindly alsocheck your serivce rules/certifiedstanding orders before taking thedecision of appointment of EnquiryOfficer.There should not be any bar insuch respect in your rules. Supreme Courtin the case of Biecco Lawrie Ltd. vs. Stateof West Bengal. 2009 LLR 1057 has heldthat advocate of the employer of thecompany can also be a Enquiry Officer.Mere fact of his being a companyadvocate would not vitiate the enquiryand it cannot be considered as biasedand partisan who favoured themanagement and was partial towards themanagement of the company.Thebiasness of the E.O. has to reflect on theenquiry record.

When factory is working

in all shfits, if would be

wrong to put few

workers permanently in

night shift

BM


It was not a very good morning forRidhi Basu (Ridhi), the new HR BP forPrycona. As she held her coffee in herright hand and glanced out of thewindow next to her cubicle, sheremembered the meeting she had withthe chief operations officer (COO),Ravichandran Dey (Ravi) and the HRManager, Neelam Kapur (Neelam) a dayago. It was her first formal meetingwith Ravi. In fact, it had only been amonth that she had joined Prycona.

As she remembered the meeting, shestarted reflecting on her decision onjoining this organization. "Was I toofast to choose?" She thought to herself.The COO in his short interaction withRidhi had very casually referred to heras overweight not just once but multipletimes. In fact, the most surprising factfor Ridhi was that Neelam was right infront of her when this happened yet noaction or resistance was shown on herpart.

That evening Ridhi was sharing her cabback home with Geeta, a friend andcolleague from the marketingdepartment. Geeta was assigned as a"buddy" for Ridhi to ease herorientation into the organization. Geetahad been friendly with Ridhi from hervery first day.

Geeta asked "Hey Ridhi! How was yourday? You seemed so tensed about yourmeeting with Neelam today. Hope itwent well!!"

"Yes, it was good. But I must say, I havehad better days" said Ridhi.

"Why so? Did you not do well?" askedGeeta.

"Well you know Ravi Dey was in themeeting and …" Ridhi had just startedto answer her question wondering ifshe should tell Geeta about theinappropriate comment by Ravi buteven before she could complete she wasinterrupted by Geeta "Oh Ravi!! He issuch a cool guy for his age! and humbletoo you know! Only last week some of

us joined his monthly visit to the'Humble Souls' foundation. Such a niceday it was!!"

"'Humble Souls'?" Ridhi asked. "It's anNGO acting for the literacy of ruralwomen" answered Geeta. She added"Really!! I was amazed by Ravi'sinteraction in the NGO. I mean, I hadheard that he was significantly involvedin the NGO but that day I saw Ravi in acompletely different light. He kneweveryone there. Almost as if he was apart of the NGO. Such an amazingpersonality he is!!"

"Wow!! I am sure he is!!" said Ridhi andkept wondering the whole way back ifshe had judged Ravi too fast.

Ridhi's Past

Ridhi was from a small town. Havingcompleted her engineering, she hadworked in an MNC in Kolkata for fewyears. Her interest in the HR had ledher to take up the role of a ProjectManagement Officer during her tenurein her previous organization. Duringher brief career, she had realised thatdoing an MBA would help her takebetter roles in the future, especially inhuman resources, the specialization inwhich she wanted to build her career.She had enrolled herself for a 2-yearprogramme in MBA HR in a businessschool and by the time she completedfifth trimester she got selected inPrycona through the campusplacement. It was a role that she couldnot refuse. She was very sure that therole would give her a holistic exposuretowards the operative functions ofHuman Resources. Besides, shebelieved that being a part of a growingorganization like Prycona would giveher a chance to learn innovative HRpractices as well.

"After all, I hold work experience and Ican handle the stress!"-she said toherself before she accepted the offer,which had provisions regarding herrelocation to Bangalore for the job.

About Prycona

Prycona has been a financial advisoryorganization which claimed ofproviding free financial advice to itscustomers regarding investments,loans, property, mutual funds,insurance etc. The company started in2008 when it's chief executive officer(CEO) was astonished to know how anauto rickshaw driver was cheated by afinancial investment company. He hadmoved on to set up an organization thatwould help anyone and everyone acrossthe nation regarding help them takecritical financial decisions. Since thenthere was no looking back for theorganization. The company had grownexponentially in the last 10 years andhad received funds from manyrenowned names in the Fintechindustry. The company's business modelwas based on lead sales. In the last 5years the company had expanded itsbusiness to Prycona insurance.comwhich provided insurance policies toend customer directly.

Ravi's meeting with Ridhi

Ravi had to meet Ridhi in the morningregarding a discussion on the trainingplan for the new quality analysis team

Fight or flight?

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Questions for discussion:

1-Analyse the work culture of theorganisation?

2- What should Ridhi do now andhow should she proceed? Shouldshe keep quiet and look for a jobchange quickly forgetting theincident as bad dream being newjoinee having no roots in theorganisation or fight backagainst the perpetrator?

3- What pre-emptive efforts/actsshould Ridhi have made?

Dr. Deepak SharmaAssociate Professor (HR),Narsee Monjee Institute ofManagement Studies, Bengaluru

Swagatika MohantyHR Specialization student


that was to join in few weeks. Themeeting took place in the Learning&Development (L&D) Training roomwith the L&D Head, Anjali Gupta andthe trainers. Twenty minutes past thestart of the meeting the pantry boyKalyan came in with tea nad snacks forthe attendees. Ridhi and Anjali had justpicked up some biscuits from the traywhen Ravi looked at both the ladies andwith a faint smirk said "Ladies you guysneed to keep a check on your weight!You both seem to have an apple shapedbody and with such body one tends togain weight on the hips real fast!". Theroom was filled with silence for abouttwenty seconds after which Anjali, verycasually, changed the topic to how toughit was for her to commute to work owingto the Bangalore traffic.

Ridhi had heard from her colleaguesthat Anjali had been recruited inPrycona on Ravi's recommendation.Many times, Ridhi felt that when itcame to Ravi and his derogatorycomments, Anjali would look the otherway. In fact, she had been seen to bedefending Ravi's comments calling it asharmless in many instances.

The meeting took its normal courseafter that but Ridhi was quietthroughout. Her discomfort couldclearly be seen on her face. "Is no oneelse seeing what is happening?" "Am Ithe only one feeling offensive on this?""How is everyone else so normal aboutthese comments?" These questions hadcrossed her minds almost the wholeafternoon.

The 1st Time: Harmless or Harmful?

This was the third time in two weeksthat she felt so uncomfortable aroundRavi. This incident reminded Ridhi ofthe lunch outing a week back. This wasalso the first time she felt uneasyaround Ravi. It was a small informallunch meeting only for some membersof the senior management and the HRteam. About 12 people were gathered forthe lunch, most of whom had alreadyinteracted with Ridhi in the office. Thisalso included the CEO, Sameer Rao. Onthe lunch table, Ravi was incidentallysitting next to Ridhi. She did not seem tomind as she had no reason to beapprehensive. During the lunch,however, she felt Ravi's legs brushingagainst her thighs' multiple times. Hewould even put her arm around hershoulder telling her how he was gladthat she could join them at lunch.Though initially this seemed harmlessbut repeated advances made Ridhi reacha point when she had to switch seatswith Guru, a fellow colleague.

The Incident:

The ring on her phone broke her line ofthoughts and as Ridhi looked at the

phone, she realised it was already 3pmand Neelam expected a status on thetraining plan which was in progress.She received the call and gave the statusto Neelam. Before the call was about toend Ridhi said "Neelam Could I speakwith you in person anytime today? It isregarding something personal."

"Is it anything urgent? Or could thisdiscussion be scheduled for some timelater?" said Neelam. "Sure Neelam. Letme know when you are available." Ridhireplied but Neelam had alreadydisconnected the call before she couldcomplete the sentence.

Though Neelam was in her late forties,she seemed like someone Ridhi couldlook up to. Ridhi had always seenNeelam working for late hours, jugglingbetween meetings, trying to tick offeverything in her 'to-do' list that shecarried with her wherever she went.Neelam was very strict when it came towork and deadlines but had otherwiseseemed nice. She was the right hand forSameer and had very tight bonds withhim and Ravi. There were instanceswhen Ridhi had seen some of hercolleagues complain about how Neelamwas a puppet for the seniormanagement, but Ridhi was yet to forman opinion on Neelam.

In the last one month that she hadworked in Prycona there were only 7days of knowledge transfer arranged forRidhi's transition into the role. Therewere times Ridhi felt that the deadlineswere over ambitious given that she hadjust joined the organization. Last weekhad been especially tiring for Ridhi asthere was a recruitment drive inprogress. The work not only demandedher presence in the office till late hours,there were days when she had to workeven after reaching home.

Today was one of such nights. Therewas a major 'Walk-In Drive' that was tohappen in the coming week. Ridhi wasto submit a report on the same byevening and was working late in theoffice.

She went to the pantry to get coffee forherself and as she turned around, shefound Ravi standing unreasonably closeto her. Startled by the same Ridhijumped back and spilled some coffee onher clothes.

"How come you have not left for homeyet?" asked Ravi. "Just finishing up on afew things Ravi" replied Ridhi. "Do youlive alone in Bangalore?" asked Ravi."Yes, I have recently shifted toBangalore." replied Ridhi as she tried towalk towards her cubicle.

"You spilled coffee on your clothes. Areyou planning to travel back like this?You can come to my place and change,it's only few blocks from here and then I

can drop you to your place. This way Ican even show you around Bangaloretoo…since you are new to the city." saidRavi following Ridhi to her cubicle.

Ridhi looked around and couldn't findanyone on the floor.

"Thank you for the offer Ravi, but Ithink I will head home directly. I have tofinish up this report today so I amactually in a lot of rush" replied Ridhi.Ravi kept standing near her desksipping his coffee as she packed herstuff. As she tried to book her cab Raviinsisted again and again on droppingher home to which Ridhi kept ondenying politely.

It was already 8:30 pm so she decided tonot to wait any further for the cab andtake a public transport instead. Whenshe entered the lift, Ravi joined her inthe lift too. He then suddenly grabbedRidhi's wrist and forcefully pulled hernear him. "You are really beautiful youknow. Let's go grab some drinks. We willhave fun." said Ravi.

Ridhi was in utter shock at what hadjust happened. The moment she couldfree herself she stopped the lift and ranout of the office. She didn't even lookback and rushed into very first auto shecould find. The whole way back shetried to process the incident and whatshe could have done to avoid it. Withtears rolling out from her eyes when shereached home, she found Ravi's missedcalls on her phone. She avoided the callfew times but finally when she pickedup Ravi started "Hey, I was just beingfunny. You small town girls are soconservative!! Hope you don't make anissue out of this because you know whoeveryone would believe in such matters.Certainly not a new joinee!! See you inoffice tomorrow!".

Ridhi disconnected the call and brokedown into tears again. She was all newin the city and knew no one. Who doesshe reach out to regarding this? WasRavi threatening her? If she speaks upwill people believe her? She had yet todecide whom to reach out first?

The thought of filing a complaint at theInternal Complaints Committee (ICC) inPrycona came to her mind many timesbut she knew that would lead to nothing.ICC in Prycona was headed by Neelamwho was the Presiding Officer. Theother members included Anjali Guptafrom L&D Team and Sheela Das, amember of the 'Humble Souls'foundation and Ridhi knew what wouldhappen when she came out withcomplaint.

Ridhi was feeling helpless andheartbroken on the situation "Why me?No one will believe me!!! Should I just giveup? Who will support me in this?"

FIGHT OR FLIGHT?

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Ridhi shouldexpressely say NO!Mihir Gosalia

Pune

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1-The work culture in Prycona is thatthough everyone knows what is happening in the organisation and arefully aware as to what is right or wrongand are may be sympathetic too whenthey see the junior colleagues plight,everyone is fearful of opening up or voicing their dissenting opinion for fearof retribution and attack back and beinglabeled as wrong just because the accusedare in powerful leadership positions atthe top. There also exists a please all culture in the organisation and you aresupposed to say only good things aboutyour bosses and cannot criticize them orform any other opinion about them otherthan pleasant or favorable one's. This wasevident when Ridhi tried to strike a con-versation with Geeta who was assigned asa buddy to ease her orientation into theorganisation. Ridhi wanted to have frankconversations with Geeta as a buddy onhow she felt uncomfortable around Ravi,Geeta being an old employee and fullyconscious as what that conversationwould lead too, interrupted Ridhi andturning the topic of discussions to goodthings that Ravi had done. So the workculture in the organisation was verytightly held by the top leadership, whichin this case was Ravi - COO, and anythingsaid against them would make lifeuncomfortable for them. Hence, it is aplease all culture in the organisation.

2-This was Ridhi's first job post completing her MBA-HR. Leaving it sosoon would not look good on her resumeand may also harm her future careerprospects. One would expect to completeat least one to two years before looking forbetter prospects. Also Ridhi may not bein a position to convince her futureemployers the reason for leaving her current organisation. Not everyone willbelieve the real reason. Ridhi by insultingthe COO or retaliating on her way out,chances are that she may never be hiredagain.

Also as seen from the case study, filinga complaint at the Internal ComplaintsCommittee (ICC) in Prycona would lead tonothing since it was headed by Neelam

who was the Presiding Officer. Neelam never showed any action orresistance on her part towards the actions or regular gestures made byRavi. The other members included Anjali Gupta from L&D Team.Anjali had been recruited in Prycona on Ravi's recommendation. Andshe would always look the other way in such scenario. In fact, Anjalihad been seen to be defending Ravi's comments calling it as harmlessin many instances. Third member was Sheela Das of the 'Humble Souls'foundation. Thus Ridhi knew what would happen when she came outwith complaint. So there was no point in fighting back against the perpetrator. By talking to ICC or HR, Ridhi may end up losing her job.

Ridhi may not want to "rock the boat," at a so early stage in hercareer, meaning that she may not want to make an already uncomfortable situation worse if she can avoid it.

3-Ridhi can recognize the issue and address it at the time it is happening. She need not be rude or be aggressive back. Simply let Raviknow that his comment was not ok. The idea is to bring the behaviorout into the open. Also Ridhi will feel good about defending herselfwithout resorting to complaining and chances are that once Ravi realizes that it doesn't work, he may stop. This may also give her thecourage and confidence as she establishes her roots in the organisation.

Setting boundaries at the beginning is key. Working with someonewho seems to have no boundaries means that you have to go ahead andset them. One of the challenges of unlikable people is that they comewith equally unlikable behavior-and it's important to learn how to distance yourself from that behavior. This is exactly what Ridhi has todo. Good fences make good neighbors.

Ridhi should not let Ravi's comments or actions towards her affecther work. She should look at staying on good terms with other leadersin the company and thus keep her job. BM


It is the employer's duty to providea safe work place to all the employ-ees. But, it's the moral and ethical

responsibility of everyone to see andoppose towards his/her unwanted orunwelcome behavior.

Various States of India are having avery tough & stringent rules for deployment of female employees duringthe odd hours or during the normalworking hours as well. SexualHarassment at workplace is not a newsubject for discussion, but it hasreceived all due attention of variouslegal bodies and Central Governmentafter the Supreme Court landmarkJudgment as "Vishakha Guidelines".Subsequently an Act, came in to force on9 December 2013, named "SexualHarassment of Women at Workplace(Prevention, Prohibition and Redressal)Act, 2013"

Many a times, a person in an organization, so casually cross the linesthat he/she doesn't came to know abouthis/her unwanted or unwelcomedbehavior for others. And many times itis well intended, as, it happened withRiddhi in her new organization and evenmore surprisingly in her first meetingwith COO, in the presence of her HRManager.

Most of the time, the inherent cultureof the organization plays a vital role inencouraging or discouraging this kind ofbehavior in organization. Same has happened at "Prycona", where even HRManager doesn't have a sense of what isright and where to draw the line, when itcomes to a professional talk with a colleague or a subordinate or an employee from other department. It isthe collective responsibility of all theemployees working in the organizationto maintain the cohesive work environ-ment, with proper discipline and respectfor all, irrespective of gender.Overseeing the wrong behavior at workplace and not voicing the same atright place & time is also termed as awrong behavior towards maintainingthe positive work environment and goodculture at organization.

If we analyze the culture of the"Prycona", it seems that everyone isaware of and feeling the wrong andunwelcome behavior of Ravi but nobodywanted to raise the voice against thesame. Somewhere, this kind of behaviorof ignoring is resulted in to creating awrong culture for the Organization in alonger run.

Keeping quiet for the kind of incidenthappened with Riddhi may further buildthe level of confidence of a person likeRavi in any Organization. In 80% casesof sexual harassment incidences inIndian organizations, victims likeRiddhi, tend to leave the organizationquietly, without raising any voice andleaving more Riddhi's in the organiza-tion to suffer.

This is not a matter of new Joinee orold employee in the organization.Harassment can happen with anyoneand equal amount of seriousness &transparency must be shown to eachcase.It can be a general feeling of a newjoinee, that he/she is a new to theorganization and how the management will take the complaint. But it is the responsi-bility of a HR Person to induct anew Joinee in a way thathe/she develop trust &respect the organization-al policies and its

procedures. It was really unexpectedfrom a HR Manager like Neelam to overlook such comments from Ravi.

Following could have been a pre-emp-tive effort from Riddhi' side who is facing such or similar kind of behaviorat any organization:

Riddhi could have STOP Ravi in firstinstance only, by raising her voice orshowing her discomfort for such typeof talk or comments. Perhaps, otherwould also join her.Whenever, any loose talk or wrongcomments passed on by any of theperson, victim must stop that person

publically, in an assertive manner.Have faith in organization policiesand procedures and make a formalcomplaint to Internal Committee.If at any point of time, the person like

Riddhi feels that Internal Committee isconsisting of Ms. Neelam as presidingofficer, Anjali Gupta and external NGOMs. Sheela Das are highly influenced bythe person involved in Harassing, maygo ahead with the complaint to the com-mittee and if any point of time feelsbiased approach, may escalate the issueto higher ups or there are other externalway of complaint also exists as per theAct. Same can be used.

Many organizations Follow POSHBOX and such kind of repeatedbehavior can be

reported anonymously also.Training programs on "GenderSensitization & Preventions of SexualHarassment at Workplace" may beconducted from HR side, preferably,100% population of the organizationmust be covered in such kind oftrainings, from top to bottom, as it canhappen at any level or with anyone.At the end, it can be concluded that, it

is the responsibility of employer to provide the safe working environment toeach and every one. But it is the individ-ual responsibility to check its ownbehavior, that where to draw the line.

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Draw a line!Bhaskar DharivalSr. Manager-HRD,

Hero MotoCorp Ltd., Kalol, Gujarat

II

BM


CA

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No point in keepingquiet

Archna Khurana SharmaFounder HR = Human Rhythms

III

In determining the right people,the good-to-great companiesplaced greater weight on

character attributes than on specificeducational background, practicalskills, specialized knowledge, or workexperience.

- Jim Collins

1- Isn't it true that character attributes play an equally important roleif not more?

Company culture amalgamates fromthe company's philosophy, mission,values, group behaviours and expecta-tions which chart out the path for clarityin goals, talent acquisition choices andexecution of each plan. All these factorsoutlinethe company's overalldirection and creates workday experience of each employee who areworking in organisation.

In this particular case study,Prycona's culture is more about powerand position, a culture of silence andvictimisation, culture of inappropriatetalks and behaviours being avoided inthe presence of new joiners. Imagine ifHR Manager Neelam would have directly/indirectly shut Ravi when hemade uncomfortable comment.

Many organisations' point of view of'leadership' shows an archetype ofaggressive, tough and 'take no prisoners'kind of qualities and has produced leaders who seize whatever they want,without being swayed, without botheration of consequences.

A powerful COO and his charm onsenior people of the organisation, wheremany women are listening to inappropriate talks yet not raising theirvoice against him creates a doubt oncompany's code of conduct.

Instead of changing the culture manysuch organisations have created examples that these behaviours arerewarded with bigger bonuses, raisesand promotions.

Prycona display a culture where

reporting such behaviours are discouraged because victims are often inpositions of low power and voice.Bystander syndrome is another issue,where people see and understand everything but due to various reasons- social/financial, they make achoice to be silent.

Like Ridhi was confused initially, it isimportant for organisations to understand that conducting gender sensitivity workshops at regular interval or as part of the inductionprocess is crucial.

2- Ridhi can leave the organisationand easily forget what happened. Slowlythings will be alright in new organisation with different people. Butwhat if she meets another Ravi? Will shekeep changing organisations in fear?

Workplace sexual harassment is notlimited to the offender and the accuser.Companies can also be affected by theseaccusations sometimes bringing ingreater losses both in terms of money,equity and time.

Ridhi should file a complaint with ICalong with copy to HR and CEO/Directors of the Organisation withoutassuming that Neelam- The HR Managerand other IC members will have biasedopinion and not take necessary action.When harassment happen, it is up to theorganization to respond courageouslyinstead of scapegoating, wrongly placing blame or covering up the incident.

There is a bright red flag on the incident which happened with Ridhi notonce but thrice. She should discuss theincidences with the internal committeeunderstanding the guidelines as welland if no actions are taken she can proceed to take alternative action byreporting the matter to police to ensurethat the accused is punished.

There are chances that with suchweak culture of Prycona, circumstanceswill be created where she might have toleave the organisation once the

complaint is filed or post the decision ofthe IC but there is no harm in taking achance and creating a positive exampleof showing her courage and strength.

3- When we organise and facilitatePOSH training in various organisations,it is communicated to all the participants that saying a clear andLoud 'No' is very important on the veryfirst incident when someone makes asexual advance or say something inappropriately.

During the incidence at companylunch instead of changing seats sheshould have raised a concern firstly inprivate with Ravi making it clear andthen if repeated she should have raisedan alarm publically for the inapt touch.For the perpetrator to take a step backthe victim shouldn't wait for the limits tobe crossed and then voice out the issue.

Though in this whole case it is notmentioned that Ravi has done somethinglike this with any other colleague but hisloose talks on women's body parts clearly depicts that more such caseswould have happened.

Many researches verify that no matter what a woman does or not do,such men would take the benefit ofpeople in less power and would still dowhat they have to do with the mind-setthat they are important for organisationand can get away with it.

Ridhi should have discussed it withsome of the colleagues in order to communicate her discomfort. Hersilence and running away did notresolve the problem instead Ravi tookthe benefit of this and made advancesinside the lift knowing he isn't leavingany evidences.

I would conclude, "This is what happens in many organisation whereculture is left to chance, those who covetpower and control will wield their influence and the culture of silence willtake hold." BM


India HR Summit 2020 by iConsult India held at Udaipur

iConsult India, Ahmedabad organized one day India HRSummit 2020 - Future HR at Udaipur on 10th January 2020.While welcoming the guests, speakers and delegates, MeenalGoswamy Founder and CEO, iConsult India unfolded thetheme of the summit emphasizing the need to understand thechanges taking place in business “environment and adapt toprepare people ready for future.

Satyendra Gaur - Sr. Vice President & Head HR, Adani Gasshared his thoughts on the sub themes of the summit whichwere on nurturing talent, technology and innovation in HRand emerging trends in industrial relations. He highlightedthe importance of having such knowledge sharing platformwhere ideas and experience shared by experts provide anopportunity for delegates to have experiential learning.

After inauguration ceremony, Anil Kaushik, K.V.Vishwanathan and Gowthami Kanumuru delivered key noteaddresses on emerging trends in industrial relations,nurturing talent and technology and innovation in HR.

Dr. Prashant Rao - Vice President & Head Corporate HR,Deepak Group Co., Ahmedabad said the relationship management continues to be a key focus area for industrialrelations, there is a need to focus on building purposeful andimpactful governance for building effective, engaged andenriched relationship strategies for all the internal stakeholders.

In addition to above there is a need to focus on sensitizationfor institutionalizing continual connect , communication andsymbiotic collaboration to ensure appropriate value propositions for business outcomes.

The panelists in the first session on emerging trends inindustrial relations Anil Kaushik, Sandeep Pandey, R.P. Singh,P.K. Bhardwaj and N.K. Sharma concluded that the most sensitive issue in IR in coming times would be the handlingand resolving of disputes of contract labour. It has to be highly documented and compliance proof. One needs to understand that HR and IR functions are not separate but

highly blended. One function cannot deliver beneficial resultswithout taking care of the other. The Future of developmentalIR is where managers don't only have to be fair in their dealings but also have to appear to be so, along with being firmon certain issues of principle. Managers handling the millennial workforce have to be cautious of their habit ofputting questions on all managerial decisions. Managers willhave to learn to be ready to respond and operate collaboratively.

The panelists in the second session on nurturing talent,K.V. Vishwanathan, Prashant Rao, Pradyumana Pandey, LtCol. Siraj Delhve and Dipan Vaishnav concluded that technology has improved drastically, which is both an advantage and a disadvantage. Today, instead of hiring andthen grooming employees, identifying the right talent at therecruitment stage itself would be the most effective way toimprove efficiency. The greatest challenge today, however, isnot finding talent but retaining it. And talent cannot beretained unless it is kept motivated. One of the importantways of keeping employees motivated is to help align theirvisions and values to the organisation's visions and values.

The panelists in the third session on Technology andInnovation in HR, Gowthami Kanumuru, Anjali Joshi, ParagSwadia, Rajeev Pandya and Arvind S. Pemawat concluded thatEmployee Experience & Data-Driven Insights are the topmostobjectives for digitization today. Every organisation should formulate and choose their own experiences and insightsbased on context & maturity. Personal motivation goes a longway in managing change.

Technological possibilities today are unlimited. Numerousinnovations like digital on boarding, video-based interviewanalytics, and advanced reporting can be enabled and integrated with our daily business. However, one shouldchoose solutions that can scale their future needs.

The summit concluded with glittering award ceremony.Hundreds of HR professionals from industries around and students from premier institutions attended the summit.

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