Labour Research,Labour Research,Labour Research,Labour Research,Labour Research,November-December -2014November-December -2014November-December -2014November-December -2014November-December -2014

VOL:12 NO.6 BANGALORE NOVEMBER - DECEMBER - 2014

UNION IS STRENGTH

ith the launching of Mars Orbiter Mission (MOM,), also named as ‘Mangalyan’,India created history. India is the first nation to reach Mars in its maiden

attempt to explore the uncertainty, in Mars, a success that eluded many otheradvanced countries. The feat is a shining example of what we are capable of asa nation. The country has dared to reach out to the unknown and gone beyond theboundaries of human enterprise and imagination. It is a proud moment for allIndians. In its rendezvous with red planet, India made the cheapest ever deepspace journey at a frugal budget of Rs.450 crores and become the first everAsian nation to reach Mars. What we achieved is near impossible and prevailedthrough all odds, criticism and challenges.

The journey of over 660 million kilometers was launched on 5th November 2013,and took nearly 10 months to reach Mars Orbit with effortless ease. During itsmission there was a challenge of a comet coming enroute, which was successfullymanipulated by making a slight deviation from its route with utmost precision.

As per the report 51 missions were attempted across the world so far, of which21 had succeeded. The countries interest in planet Mars is because of itssimilarities to Earth in respect of atmosphere, seasons and changing weatheretc. The Surface also showes ancient water and volcanoes fit for humaninhabitation. It is now reported that NASA scientists have spotted a crocodilelike object on Mars, hinting towards another sign of life on the planet. Since theobject was stiff, it was either fossilized or frozen which could once again indicatethat there has been a life on Mars. NASA however has not released any officialstatement in this regard.

India has got a unique history of space technology since the period of Aryabhatta,the great mathematician and astronomer, who was the head of astronomydepartment of ancient Nalanda University. He set up an observatory at the Suntemple in Taregane in Bihar. Aryabhatta insisted that the earth rotates aroundits axis daily and that the apparent movement of the stars is a relative motioncaused by the rotation of the earth. He has also scientifically explained solar andlunar eclipses. His computational paradigm was so accurate. This technology waspassed on to generations, which was further transformed with modern technology.Knowledge came from our ancestors who predicted eclipse accurately and calculated

MANGALYAANA MISSION FROM UNCERTAINTY TO CERTAINTY

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Editorial

TO SEEK A FAVOUR IS TO BARTER AWAY ONE'S FREEDOM

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planetary position. As such with this achievementwe have honoured our ancestors while inspiringour posterity.

Indian Space Research Organization, (ISRO)developed the technology with modern scientificknow how and carried out many missions to thespace successfully in the past. All theachievements are the fruit of collectivecommitments of our scientists, as contributionscame from ISRO labs in Bangalore, Ahmadabad,Rajkot, and Trivandrum and from many otherplaces across the country.

Prime Minister Shri. Narendra Modi, was so proudand happy about our scientists who achieved thismission. While congratulating them on theirsuccess he said "Today MOM has met

Mangal(Mars) and Mangal has got MOM. Thetime this mission was short named as MOM. Iwas sure that MOM wont disappoint us” Accordingto Dr.S.Radhakrishnan, the scholar, philosopher,writer, statesman and former President of ourcountry, “Science is both knowledge and power.It has interest as well as utility. It is illuminatingas well as fruitful” Every creation under theSun is influenced by the phenomenon ofmotivation. Our scientists raised to the occasionin achieving their mission in reaching out to theunknown destination that made the country proud.

“Labour Research” congratulates all thosescientists in ISRO who contributed to thesuccessful launching of the “Mangalyan” and wishthem all success in continuing their mission toother planets beyond mars.

rust and satisfaction ofemployees is a win-win

situation for both employersand employees alike. If anemployer wants to retain keytalent, increase customersatisfaction and boostcompany’s bottom line, thenhe/she needs to focus onre-establishing trust andloyalty in the organization.There is a direct and positivecorrelation between employeesatisfaction and customersatisfaction. When employees are satisfied with whatthey are doing, they in turn direct those positive feelingsto the customer, who rewards with more business.Additionally, happy employees are stable employees,meaning they will not jump ship and go to work forcompetitor after the company has spent all that timeand money training them. A diamond exporter of Surat(Gujrat) Savji Dholakia, Chairman of the `̀̀̀̀ 6,000/-.Crore Hari Krishan Exports has set an example forother employers as to how to win the trust and loyaltyof the employees.

The Diamond exportingcompany has given Fiat Puntocars to 491 of its employees,two BHK’ flats to 207 anddiamond jewellery to 525employees as bonus on Diwali.Any employer has given thistype of fabulous bonus for thefirst time to its employees. Ithas become the talk of thetown. The employees workingfor other organizations arejealous of the employees ofHari Krishna Exports. This

diamond export house has been an ideal employerand has always believed in winning the loyalty of theemployees through benevolence. This is entirely anout-of-box thinking for obtaining the goodwill andcomplete loyalty of the employees towards theorganisation. In the past, also it has made many ofits employees as the shareholders of the company.

In a way, what Hari Krishna Exports has done islaudable and it has shown the way to otheremployers, who are mostly found on the other

Forward-thinking Hari Krishna chairman marksDiwali by lavishing almost 500 cars and more than200 apartments on his long-serving staff

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A NOVEL WAY TO WIN EMPLOYEES’ TRUST491 cars and costly Diwali gifts to other employees will

ensure their retention and satisfaction

ArticleArticleArticleArticleArticle

NEVER BEND BEFORE THE INSOLENT MIGHT

Labour Research, November-December -2014 44444

spectrum and try to find ways and means for deprivingeven the legitimate remunerations to their employees.Therefore, this organisation must be congratulatedfor taking such bold, novel and workers-friendlydecision.

At a time when many others think in terms of tax evasionor flouting rules to deny even the legitimate dues, thisnews must have come as a whiff of fresh air to oneand all. How shameful it is to know that most of thepoliticians, bureaucrats and the big business barons ofthe country have stashed huge amount of money toforeign countries and thereby denying the resources ofthe country to be used for the welfare of the people.Here is an employer who not only believes in the honestybut also is encouraging honesty among others byleading from the front. The God fearing diamondexporter is really walking the talk.

However, having all respect and admiration for whatthe Hari Krishna Exports Company of diamonds hasdone, we have a lingering doubt with regard to theintent of the results. The employees must be highlypleased, and they have the right to be so, but thecompany has to think whether it has earnestlydischarged its duties towards the society in the manner,it should have done. The company has spent ̀̀̀̀̀ 50 Crorein the distribution of the costly Diwali gifts but how hasthe society been benefited by the huge profits that thecompany has posted in the year gone by?

But there is another way of looking at things-industriesand business establishments should not be allowedto run purely on the whimsical basis. Certain basicrules are necessary for the healthy growth oforganization in the long run. The pertinent point thatis raised about the Diwali gift given by the SuratTrader is that out of 6000 employees why he gavegifts to only 1200 employees. How were they selectedand why some 4800 employees were ignored? Thelottery-winner type of incentive payments of Ghar,Gaadi and Gehna (Flat, Car and Ornaments) iscertainly good for some employees but this willdisincentivise many others, who could not get thebenefits of the windfall. Therefore, the Pundits ofHuman Resource Development are of the view thatthis lottery type incentivisation may prove to becounter protective. It would have been better if the

company had paid bonus and ex-gratia to allemployees on the pattern of Tata Iron and SteelCompany (TESCO), which has over `̀̀̀̀193/- crorebonus to them. TISCO distributed ex-grata to itsemployees across the board, which ranged from`̀̀̀̀ 20498/- to `̀̀̀̀156758/- per employee.

What is the very surprising is that media of the countryoften go over-board in either in criticizing orappreciating anybody. The media usually fail tomaintain balance. Sometimes it attaches farfetchedmotives and attributes to any event that has takenplace. For example, one television anchor whileinterviewing Saoji Bhai Dholakia asked him whetherhe was a communist. He replied that he is a schooldropout and does not know anything aboutcommunism. This betrays the ignorance of the TVanchor about the person as well as about thecommunism in theory and practice. First of all,communism is now like an expired medicine and anydose of it to the industry is bound to be dangerous.What is more important is that what Dholakia hasdone is nothing, which could be described ascommunism.

Be that as it may, the stunning gift given by Dholakiato a select number of employees has created flutterall over the country and possibly it will continue to bediscussed till the next year’s Diwali. Those who havebeen left unrewarded, they will neck out to find theirnames among the lucky persons but those who hadalready tasted the bonanza would hope to get more.

Let us keep our fingers crossed and see what impactit will have on the industry in general and Dholakiya’sin particular.

In a country where millions of educated, able-bodiedyoung men and women are, jobless and they arerunning from pillars to post for good employmentopportunities. When they find their future is bleak anddark because they do not have the employmentopportunities commensuration with theirqualifications. Even by distributing the lesser amountof bonus the company could have better utilized thehuge amount for creating employment for moreyoung men and women, which it spent in thedistribution of bonus. The company has given the

DEFEND THE ECONOMIC SOVEREIGNTY OF THE COUNTRY

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bonus for the satisfaction and the personalenrichment of employees but it would have beencertainly appropriate if the amount had been investedin setting up more colleges, institutes, hospitals andother social welfare activities. Moreover, the humantendency is to aspire more for the next year than whatit has got for the previous year. Therefore, it wouldhave been better if the employees had been madeshareholders in the company and that would haveensured their loyalty towards the organization andsurplus amount could have been utilized in theexpansion of the business.

However, having said so, it must be stated that thedecision and the gesture of the company is milliontimes better and praiseworthy than those of the taxevaders and generators of black money because theycommit not only the offence against the society andthe country but also the moral sin. This step of thediamond trading company has sent out a clearmessage to all the employers and the employees aswell that the relationship between employers and

employees can be strengthened with trust of both toeach other. There can be no better incentive than toimprove the fortunes for the both employers and theemployees. The loyalty of the employees towards thecompany would continue to remain unflinchingbecause the trust always begets trust. It has also senta loud and clear messages that keep working for usthe way you do and you will be rewarded.

This not only made the employer earn the reputationas someone who values and rewards good work andgood workers but also conflates the well-being ofemployees and their work place as one reassuringobject. What else could an employee ask for? Thisstep of the company will continue to reverberate andresonate in the circle of the employees and employersfor days and months to come. Any action that pleasesto large number of employees and their families andprovides satisfaction to the employer by the winningthe loyalty of the workers must be cheered.

ByByByByBy.........H.........H.........H.........H.........H.L.K.L.K.L.K.L.K.L.Kumar Advocate. Supreme Courtumar Advocate. Supreme Courtumar Advocate. Supreme Courtumar Advocate. Supreme Courtumar Advocate. Supreme CourtSource: FLR 2014 (143)Source: FLR 2014 (143)Source: FLR 2014 (143)Source: FLR 2014 (143)Source: FLR 2014 (143)

UNFAIR LABOUR PRACTICES OUGHT NOT TO BE TAKEN LIGHTLY

very dark cloud has the silver lining and,therefore, it should be accepted as the wake-

up call. Industrialists would do immense good to theirilk and society if they stand up against irrational lawsof Quota-permit Raj on the one hand and on otherhand more importantly comply with the laws withdue care and diligence. They must also be aware ofthe fact that no tears are to be shed even by thoseofficials and politicians who have been thriving onthe ill gotten money from those, who are actuallygenerating employment and wealth for the country.

First of all, here is a small piece of news which waspublished in the Economic Times. Adrash Gupta,owner of Liberty Enterprises, a subsidiary of footwearmaker Liberty Shoes, has been sentenced to sixmonths’ imprisonment by the Chief JudicialMagistrate, Karnal, for committing to unfair labourpractices under the Industrial Disputes. It is perhapsthe first case wherein any entrepreneur has beenmeted out such a harsh punishment.

The company closed down a unit in Gharaunda, near

Karnal, and retrenched 1,500 workers in November2008, an act termed illegal. As per labour laws, acompany employing more than 100 workers, needsprior sanction for closure of an industrialestablishment. Liberty workers, 900 regular and 600contractual, have been fighting a legal battle torecover wages, terminal dues and gratuity. Over 350workers have taken legal recourse for wage recovery.

The above news item will help recapitulate theprovision of unfair labour practice. It hardly needsto be underlined that under the Industrial DisputesAct, when an employer is employing 100 or moreworkers in an industrial establishment there is atedious provision for pruning the featherbedding i.e.requiring of an employer usually under a union ruleof safely statue to employ more workers than areneeded or to limit production without the priorpermission of the relevant Government.

One may not have to unnecessarily jog the memory,therefore, it must be stated that the Fifth Schedule

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SUCCESS COMES TO THOSE WHO DARE AND ACT

Labour Research, November-December -2014 66666

was inserted in the Industrial Disputes Act, 1947which has enumerated unfair labour practices on thepart of the employers and trade union of employees’as well as on the part of workmen and Trade Unionof Workmen. Section 25-T of the Industrial DisputesAct prohibits commission of the unfair trade practicesby the employers as well as the workmen whilesection 25-U of the Act prescribers stringent penaltiesfor commission of unfair labour practices. ThisAmending Act was brought into force with effectfrom 21st August, 1984. Amongst 16 unfair labourpractices as enumerated in the Fifth Schedule on thepart of the employers it is pertinent to refer to clause7 which provides.

“To transfer a workman mala fidemala fidemala fidemala fidemala fide from one placeto another, under the guise of following managementpolicy’.

Here are the bare facts of the case as referred toabove. A complaint was filed by the StateGovernment, Haryana through the Labour Inspector,karnal (Haryana) against the accused Adarsh Guptasaying that he happened to be the occupier andresponsible person of M/s. Liberty enterprises, unitNo.3 and he was responsible for the mala fidemala fidemala fidemala fidemala fidetransfer of workmen from manufacturing unit to alocation where on factory, within the meaning of theFactories Act, 1948, was existing and the malafidemalafidemalafidemalafidemalafidetransfer of the workmen amounted to “UnfairUnfairUnfairUnfairUnfairLabour PracticeLabour PracticeLabour PracticeLabour PracticeLabour Practice” within the meaning of entry No.7 of Schedule V of the Industrial Disputes Act, 1947and thereby, the accused allegedly committedoffence under section 25-T, punishable under section25-U of the Industrial Disputes Act, 1947.

As per section 32 of the Industrial Disputes Act, 1947,when an offence is committed by a company, everyDirector, Manager, Secretary, Agent or other officeror person concerned with the management thereofshall, unless he proves that the offence wascommitted without his knowledge or consent, bedeemed guilty of such offence. As per section 34 ofthe Industrial Disputes Act, 1947, a complaint is tobe filed by the appropriate authority / appropriateGovernment for taking cognizance of any offencepunishable under this Act.

Section 25-T of Chapter V-C of the Industrial Disputes

Act prohibits “Unfair Labour Practice” on the part ofthe employer or workmen or a Trade Union and thepenalty for committing “Unfair Labour Practice” isprovided under section 25-U of the Act and anyperson who commits any “Unfair Labour Practice”shall be punishable with imprisonment for a termwhich may extend to six months or with fine whichmay extend to `̀̀̀̀1000/- or with both.

There have been complaints with similar allegationsof the mala fide transfer of workmen and therebycommitting “Unfair Labour Practice” and 38complaints have been pending before the ChiefJudicial Magistrate at Karnal. In June 2006, there waslabour unrest in the factory of M/s Liberty Enterprises,Gharaunda, Karnal which resulted into a strike bythe workmen and that strike continued from June2006 to 22.12.2006. A settlement was arrived atbetween the employer i.e. M/s. Liberty EnterprisesLimited and the Workers Union. During the periodof strike, an application dated 10.11.2006 was madeby M/s. Liberty Shoes Limited, Gharaunda to the ChiefInspector of Factories, Haryana for the amendmentof license of factory and it was stated that M/s LibertyShoes Ltd. Is going to start a new manufacturing unitat Gharaunda.

In the above background, the point to be adjudicatedhas been as to whether there was a mala fidemala fidemala fidemala fidemala fide transferof workmen from the manufacturing units ofGharaunda to Phusgarh’ and ‘Sonepat’. The presentcomplaint regarding the malafide transfer has beenof Prem Singh to HSIDC, Sonepat. On 16.10.2007,the representatives of the Management of M/s.Liberty Enterprises has given in writing that there isno business of any type and no work is being doneby the firm, so there was a deemed closure of themanufacturing unit on the part of the M/s. LibertyEnterprises though the application of M/s. libertyEnterprises filed under section 25-O of the IndustrialDisputes Act pertaining to grant of permission forclosing down an industrial establishment wasrejected by the Government. In these circumstances,the accused was not entitled to take the plea thatthere was no closure of the manufacturing unit andthat the accused was also stopped from taking theplea that no workman was transferred frommanufacturing unit Gharaunda to some other place.It has been apparent that transfers of all those

WORK IS WORSHIP, DO YOUR DUTY

66666 Labour Research, November-December -2014

workmen, who were creating nuisance or who hadplayed negative role during the period of strike, weremade by the management of the M/s. LibertyEnterprises.

No doubt, the management has a right to transfer aworkman from one section or the department to theother as per clause (IV) of the Standing Orders butthat transfer must be bona fide. In the present case,the transfer was not bona fide rather mala fidebecause the transfer was made to such a place wherethere was no machinery, no factory and there wasno work to be performed by the workmen. On thecontrary, there was only open land with a boundarywall. From the statements of the witnesses, it is clearthat the anti-management elements i.e., workers whowere transferred to such places were vacant plots ora go –downs / cold storages but without any factoryor industrial setup at those places. No evidence tothat effect had been led by the accused in his defenceto establish prima facie that a factory was being setup at ‘Phusgarh’ or ‘Plot No.92 HSIDC, Sonepat’. Theaccused himself has not stepped into the witnessbox.

Considering the background of the aforesaiddiscussion and keeping in view the circumstances /situation during which the workmen were transferredfrom the manufacturing unit of Gharaundato‘Phusgarh’ and ‘Sonepat’ where no manufacturingactivity was being carried out or was to be carriedout, the transfer of the workmen was malafide andthat amounted to unfair labour.

Practice” in terms of entry No.7 of Schedule V of theIndustrial Disputes Act, 1947 and thus the accusedbeing the ‘Occupier’ and the ‘responsible personfor managing the affirs of M/s Liberty Shoes Ltd., interms of Sec. 32 of the Act, committed ‘ unfair labourpractices which is prohibited under section 25-T ofthe Act and is punishable under section 25-U of theAct. Accordingly, in view of the aforesaid discussion,accused Adarsh Gupta is held guilty under section25-U of the Industrial Disputes Act, 1947.

The Court further observed that the Labour Lawshave been enacted for improving the conditions ofthe workers and the employers cannot be allowed

to buy off immunity against violations of Labour lawsReference has been made to the Union of India andothers, holding that violations of Labour Laws mustbe strictly followed and appropriate and adequatepunishment must be imposed upon the accused andhence, keeping in view the aforesaid law laid downby the Hon’ble Supreme Court of India and keepingin view the fact that on account of “Unfair LabourPractice” adopted by the accused, many workers hadto suffer lot of hardships and thus, no case is madeout to take a lenient view and thus the request forgrant of prohibition is declined and the accused issentenced to undergo simple imprisonment for aperiod of six months and to pay fine of `̀̀̀̀1000/-.

The purpose of enacting these provisions is to protectthe legitimate trade union activities of the workmen.The expression “Unfair Labour Practice” has acquireda peculiar significance in industrial parlance. It isoften used to mean such open or under –hand meanswhich are adopted both by the employers andworkmen to cause annoyance, disturbance, damageor loss to each other.

In TTTTT. Rajaiah V. Rajaiah V. Rajaiah V. Rajaiah V. Rajaiah V. Sourn. Roadways Ltd., Madurai,. Sourn. Roadways Ltd., Madurai,. Sourn. Roadways Ltd., Madurai,. Sourn. Roadways Ltd., Madurai,. Sourn. Roadways Ltd., Madurai,the Madras High Court has held that the workmanchallenged his transfer on the plea of mala fide andunfair labour practice on the part of the employer. Itwas held that there is a statutory prohibition engraftedin the Industrial Disputes Act prohibiting transfer ofa workman mala fide from one place to another underthe guise of following a management policy. Thus, avalued right has been created by the statute in favourof the workman from being subjected by his employerto transfer mala fide under the guise of following amanagement policy. This is a right which has beencreated by the Industrial Disputes Act in favour ofthe workman restricting the unfettered right of themanagement in the matter of effecting transfer ofhis employees. The obligation not to transfer aworkman mala fidelymala fidelymala fidelymala fidelymala fidely from one place to anotherunder the guise of a management policy was notrecognized under the common law. That right is nowcreated by the statute. The right flows from section25-T of the Industrial Disputes Act read with Item (7)of the Fifth Schedule.

The above case about conviction of Adarsh Gupta is

FORTUNE FAVOURS THE BRAVE

Labour Research, November-December -2014 88888

an eye-opener for the employers and should not betaken with gay abandon. There is no doubt that lawsin India are harsh and discriminatory against theemployers but it is equally true that they have been

paying more attention in greasing the palms ofcorrupt officials rather meticulously complying withthose laws. By.............H.L. Kumar, Advocate

Source: 2014(143)FLR

ndia had a glorious cultural heritagedeveloped through various cultural and learning

centers; like Harappa, Mohanjo daro, Nalanda,Texila, Vikram sila etc., wherestudents from many foreigncountries were also studied andbecame cultural ambassadors.

Our ancestors in the past werefollowing a simple lifestyle andsurvived on natural food such asgrains, fruits, vegetables andleaves available in nature andmaintaining good health. Thisnatural life style was continuedtill the urge of imitating the western culture, foodhabits and life style set in the country. With ourproclivity for comforts and greed to acquire moreand imitate the life style of others; we seems todelude ourselves in the monetary economy tryingto ape the west their life style, food habits anddress code etc., who in fact seems to be looking atus for moral and spiritual guidance.

With the introduction of Free Trade and FDI, moreand more multinational companies have startedrushing to India, the second largest populatedcountry in the world. India happened to be one ofthe biggest outlets and testing ground for theirproducts, such as medicine, food cosmetics,consumer and health products, textiles, vehicles,electronic goods etc.,

The entry of products of multinational companiescreated a heavy competition for the local products.This has made the companies both national andmultinational to change their marketing strategiesto achieve their target. In this fierce battle, bigcorporate honchos seems to have realized that inorder to survive they have to fight not only withone or two but with several competitors in the

BRAND AMBASSADORS OF GROWING INDIA

national as well as international level. They areaccordingly compelled to promote their productsthrough advertisement in the electronic and print

media; using mind bogglingcopies and scintillatingvisuals with models.

Advertising has come a longway in promoting variousconsumer products. Asituation has come thatmarketing a product withoutadvertisement is like blinkingat a girl in darkness.Accordingly the industry had

made use of the services of various icons in thesociety, chosen from art, film and sports etc., asbrand ambassadors, captivating the targetaudiences; by rendering attractive dialogues.Other than a professional relationship, most ofthese icons would not have used or tested theproducts. Here more than the quality of theproduct, charisma of the brand ambassadors areconsidered.

Of late there are reports about misleadingadvertisement that appears in the print andelectronic media through brand ambassadorswithout verifying the quality and utility of theproducts. Though there is a code of conduct forthe advertisement agencies to follow whilecarrying out the advertisement, on many occasionsthey are in the habit of deviating from the code.Though smoking and drinking is injurious to healththe agencies have been carrying out advertisementon behalf of their clients with statutory warningthough not prominent or noticeable to the viewers.As the agency has a social responsibility to thesociety the advertisement should follow the moralcode while carrying out the advertisement. Ad willbe unfair when a consumer is unjustifiably injured,

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STRONG REASONS MAKE STRONG ACTIONS

or misled in violation of public policy. Most of thecompanies are targeting the children to promotetheir products who are attracted towards variousfood products, beverages, chocolates and biscuits.Eating food of nutritional value with high hormonecontents, affects the growth of the childrenleading to obesity, early puberty among young girlsand menopause among women. Research alsoreveals that junk food with high salt/sugarcontent is fuelling hypertension and obesity. Assuch world Health Organization had advisedUnion Health Ministry to regulate use of sugarand salt in the fast food.

Society is governed by rigid law of production noton distribution. As such the Woman and ChildDevelopment Ministry wanted to put a controlover the use of junk food and regulate deceptiveand misleading advertisements with penalizingpower. The food standared code also makes itmandatory that label on the food container shouldcarryout scientific evidence that it meets with therequired food standard and set to come heavilyon food and beverage companies that makes tallclaims about the benefit of their products, onnutrition, health, claim of exceptional intelligenceor physical ability or growth in their advertisementusing their brand ambassadors. Companies alsohave been cautioned not to exploit the lack ofexperience, knowledge of the people while sellingthe products in rural areas or on children.

The Government has now taken a sudden disliketo celebrity endorsement when the corporateaffairs ministry has started discouraging peoplenot to be carried away by the advice of thecelebrities on the quality or benefit of theproducts. They have also started cautioning thepublic through their public interestadvertisements.

The Central Consumer Protection Council(CCPC) recently set up a sub committee tosuggest strategies to deal with misleading

advertisement on cosmetics and health productsthrough the celebrities. According to the proposalnot only the advertiser but also the celebrities whoare endorsing the products are also liable to paythe compensation for any misleading advertisementthat produces adverse result. This development isbased on a direction from Madhya Pradesh HighCourt to set up an advertisement monitoringcommittee as recommended by BhargavaCommission. The Committee will have membersfrom central and state governments; besidesrepresentatives from reputed consumerorganization and academicians.

The relationship between a brand and celebrityendorsement came under the spotlight whenShri Amitab Bachan, the Big B of Indian movie toldan audience at the Indian Institute of Managementat Ahmedabad recently that he had stoppedpromoting a beverage after a young girl asked himwhy he was helping to sell a soft drink that herteacher said was poison. Incidentally it wasreported that an eight year old girl died fromcuddalore in Tamil Nadu recently after sheconsumed a popular soft drink, while other threeof her siblings were hospitalized. Deeply movedby the developments over the misleadingadvertisements, it is reported that Shri AbhishakBachan, his son and Mrs. Aswarya Rai Bachan,daughter in law have decided to involve more onsocial health related initiatives. While son chosenas brand ambassador for END 7 which aims toeliminate sever tropical diseases, daughter in lawis the goodwill ambassador for UNAIDS as shesaid “ I must to ensure that no child has to sufferneedlessly”. While Abishak said as parent I amdeeply moved by the devastating loss of neglectedtropical diseases (NTD”) on children.

This change in attitude must be an eye opener toall other celebrities to follow a policy of do not harmthe society for the sake of money while taking upthe responsibility. Media could also play a usefulrole to re inforce discipline.

Labour Research, November-December -2014 1010101010 MAN IS THE ARCHITECT OF HIS OWN FUTURE

he National Nutrition Week was observed inthe first week of September, so it is a

good time to refocus on health and dietary practices.Given today’s busy lifestyles and hectic schedules, cupsof coffee and boxes of doughnuts sometimessubstitute balanced diets and adequate nutrients. Thelatter two are responsible for building an essential,solid foundation for ahealthy life. Our energy andhealth depend on what weeat, how much we eat andhow consistent we are inmaintaining meal and sleeptimings. This, in turn, affectsour quality of life-ourintelligence and decision-making abilities, sleep quality,ability to combat viruses andcarcinogens, or successfullyovercome the degenerative diseases of ageing. Forinstance, erratic meal timings could lead to severemigraine headaches. Low-calorie diets can lead tosleep disturbances,even osteoporosis. Bingeing onjunk food and alcohol can lead to digestivedisturbances and constipation, and uncontrolledweight gain; and not consuming four-five servings ofhigh-fibre vegetables like broccoli, purple cabbage andcauliflower, spinach and other leafy greens, bellpeppers and beans every day can lower immunity andcompromise our ability to fight the several millioncarcinogens and pollutants in our environment. Smallsteps can go a long way in ensuring you have thebest quality and the appropriate portions of nutrients,in a timely and consistent manner. This week take afew minutes to think about how good your nutritionalhabits have been, and change to adopt healthierhabits.

First things first.First things first.First things first.First things first.First things first. Have you had breakfast most daysof the week within an hour of waking? If not, you are

more likely to suffer from frequent head-aches andfatigue. Breakfast helps you avoid migraines, maintainweight, balance blood sugar and have a productiveday.

Have you maintained a 3- to 4-hour gap betweenHave you maintained a 3- to 4-hour gap betweenHave you maintained a 3- to 4-hour gap betweenHave you maintained a 3- to 4-hour gap betweenHave you maintained a 3- to 4-hour gap betweenmeal timinmeal timinmeal timinmeal timinmeal timings?gs?gs?gs?gs?

Remember, skipping meals canslow down the metabolic rate,enlarge fat stores, increasedaytime drowsiness and affectconcentration. Let’s say that ifbreakfast was at 8-8.30am, thenext meals/snack are best atnoon-12.30pm, 4-4.30pm and8.30pm. For those of you whoweight-train, exercise, or playasport like tennis regularly, you

would need to consider an additional pre- and- post-workout meal to improve energy levels for theworkout/sport.

Are you clear about what nutritionally balancedAre you clear about what nutritionally balancedAre you clear about what nutritionally balancedAre you clear about what nutritionally balancedAre you clear about what nutritionally balancedmeals are!meals are!meals are!meals are!meals are!

Nutritional balance is much more than having yourregular quota of roti, sabzi, dal and rice. This is whatyour body needs every day as nutrients:

A fist -sized serving of protein foods at eachmeal. You could choose foods like paneer(cottage cheese) made from skimmed milk,tofu or lean poultry for lunch and dinner;eggs or egg whites for breakfast; yogurt orbuttermilk for tea- time snack.

Ensure you have a serving of high-fibrecarbohydrate for sustained energy at everymeal. Papaya, apple and oats are energeticfoods and good choices for breakfast.

A CHECKLIST FOR PERFECT NUTRITION

THealth tipsHealth tipsHealth tipsHealth tipsHealth tips

1010101010 Labour Research, November-December -2014

WORKERS OF INDIA, UNITE

Multigrain roti or bread or brown rice mustbe included with the main meals.

Flaxseed powder with yogurt and fruit, orfruits and nuts like apples with almonds andcinnamon are healthy snacking options thatgo well with chilled or warm green tea.Flaxseed, almonds and seafood provide theindispensable omega nutrition required tolubricate joints, strengthen cell walls andregulate blood pressure.

RRRRRemember to keep your meal “colouremember to keep your meal “colouremember to keep your meal “colouremember to keep your meal “colouremember to keep your meal “colour-count” high.-count” high.-count” high.-count” high.-count” high.

Eat five-six vegetables in different colours every day.Purple cabbage, red and yellow capsicums, dark greenlettuce, spinach, carrots, beetroot, green beans andpumpkin are good food choices to increase the colourcount of your nutrition.

Ensure you have no more than 5g of salt per dayEnsure you have no more than 5g of salt per dayEnsure you have no more than 5g of salt per dayEnsure you have no more than 5g of salt per dayEnsure you have no more than 5g of salt per dayand much less if you have hypertension.and much less if you have hypertension.and much less if you have hypertension.and much less if you have hypertension.and much less if you have hypertension.

Limit the intake of salted snacks, pickled and canned

food to reduce the amount of sodium in your diet,prevent water retention and maintain hydration levels.

Are you exercising regularly!Are you exercising regularly!Are you exercising regularly!Are you exercising regularly!Are you exercising regularly!

If you are wondering what this has to do with yournutritional profile, understand this: It is your activitylevel that justifies your portions and food choices. Ifyou just sit around all day, the healthiest of mealswill still be stored as fat in the body, and no amountof calcium will prevent the decay of bones. What’smore, exercise helps you absorb your nutrients better.Weight-training improves calcium absorption and theincrease in blood circulation caused by exerciseimproves the rate at which you absorb your nutrition.

Avoid junk food.Avoid junk food.Avoid junk food.Avoid junk food.Avoid junk food.

These are highly processed foods-anything with whitebread, or made of white flour, sugary foods anddrinks, deep-fried stuff-and fall seriously short ofproviding you with the sustained energy and varietyof nutrients you need for daily activity, and for exerciseto maintain an impeccable lipid profile.

Source: Mint. Dt.16/09/2014Source: Mint. Dt.16/09/2014Source: Mint. Dt.16/09/2014Source: Mint. Dt.16/09/2014Source: Mint. Dt.16/09/2014[2014 (141) FLR 167]

(BOMBAY HIGH COURT- NAGPUR BENCH)R.K. DESHPANDE, J.

Writ Petition No. 1318 of 2004February 4, 2014

BetweenALLAHABAD BANK

AndAPPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT

REGIONAL LABOUR COMMISSIONER (CENTRAL),NAGPUR and another

Payment of Gratuity Act, 1972—Sections 7(1), 7(3-A) and section 4(6)(a) or (b)—Allahabad Bank(Officers) Service Regulations—Clause 20(3)(iii)—Claim—For payment of interest, payable undersection 7(1) of Act—Respondent-employee had been paid with entire amount of gratuity Claim for

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Labour Research, November-December-2014 1212121212

A GOOD MAN DOES NOT ARGUE, HE WHO ARGUES IS NOT A GOOD MAN

interest made under section 7 (3-A) of Act—Denial of interest payable under section 7(3-A)was on basis of clause 20(3)(iii) of AllahabadBank (Officers) Service Regulations—In view ofobject of provision, it has to be held that actionof non-payment of interest in terms of sub-section (3-A) of section 7 of Act—Cannot bedefended on basis of such clause—Hence, nofault can be found with view taken by appellateauthority under the Act—Writ petition isdismissed. [Paras 5 and 6]

JUDGMENT

R.K. DESHPANDE, J.—The claim for delayedpayment of interest on the amount of gratuity, whichwas payable under sub-section (1) of section 7 ofthe Payment of Gratuity Act, 1972, was rejected bythe Controlling Authority by its order dated 26.9.2003relying upon the provision of Clause 20(3) (iii) ofthe Allahabad Bank (Officers’) Service Regulations,1979. The appellate authority has reversed this orderof the Controlling Authority on 16.12.2003 and hasdirected the payment of interest at the rate of 10%per annum on the amount of gratuity of ̀̀̀̀̀ 3,50,000/for the period from 1.2.2001 till the date of passingof Order. The direction was issued as required bysub-section (3-A) of section 7 of the Payment ofGratuity Act. The employer is, therefore. before thisCourt in this writ petition. Rule was granted in thismatter on 21.9.2005 and the impugned order wasstayed.

2. It is not disputed that the respond-employee hasbeen paid with the entire amount of gratuity. Theclaim for payment of interest made under sub-section (3-A) of section 7 of the Payment of GratuityAct, which is reproduced below-

" Section 7(3-A). If the amount of gratuitypayable under sub-section (3)is not paid bythe employer within the period specified insub- section (3) the employer shall pay, from

the date on which the gratuity becomespayable to the date on which it is paid, simpleinterest at such rate, not exceeding the ratenotified by the Central Government from timeto time for repayment of long term deposits,as that Government may, by notificationspecify:

Provided that no such interest shall be payable if thedelay in the payment is due to the fault of theemployee and the employer has obtained permissionin writing from the Controlling Authority for thedelayed payment on this ground.”

3. In terms of the aforesaid provision, no justificationcan be entertained for non-payment of interest,except that the delay in making payment of gratuitywas due to the fault of the employee and theemployer has obtained the permission in writingfrom the Controlling Authority for the delayedpayment on this ground. It is not the case of thepetitioner-Bank that the enquiry was delayed due tothe fault on the part of employee and that apermission was obtained in writing of the ControllingAuthority for making delayed payment of gratuity.The consequences provided under sub-section(3-A)of section 7 of the said Act cannot, therefore, bestalled.

4. It is not in dispute that on 31.1.2001 therespondent-employee attained the age ofsuperannuation and the enquiry was continuedthereafter till 4.5.2003 when the ultimate order ofpunishment was passed against the respondent-employee. It is not the case of the employer that apower under clause (a) or (b) of sub-section (6) ofsection 4 available with the employer was invokedand an order was passed either forfeiting the amountof gratuity to the extent of any damage or loss causedto the employer or that the services of the employeewere terminated on the ground of his riotous ordisorderly conduct or any other act of violence onhis part or on the ground of that such act on the part

LABOUR RESEARCHTo: OFFICERS'CAUSE DOMESTIC ENQUIRY OFFICERS'CAUSE DOMESTIC ENQUIRY OFFICERS'CAUSE DOMESTIC ENQUIRY OFFICERS'CAUSE DOMESTIC ENQUIRY OFFICERS'CAUSE DOMESTIC ENQUIRY LABOUR RESEARCH

Rates of Subscription Rates of Subscription Rates of Subscription ANNUAL : `̀̀̀̀ 40/- ANNUAL : `̀̀̀̀ 40/- ANNUAL : `̀̀̀̀ 30/-

Drafts should be drawn in favour ofAND MAILED TO

THE GENERAL SECRETARY

ALL INDIA STATE BANK OFFICERS' FEDERATIONSTATE BANK BUILDINGS,

ST.MARK'S ROAD, BANGALORE - 560 001: 22270619: FAX : 22214959/22214956,

E-mail: aisbofbangalore@gmail.comWeb: http://www.aisbof.org

EDITED and Published by Sri. Y. Sudarshan on behalf of AISBOF, at SBI Buildings,St .Mark 's Road, Bangalore - 560 001, Pr inted at L .V. Graphics 23321456

NOVEMBER - DECEMBER 2014 LABOUR RESEARCH

IF UNDELIVERED PLEASE RETURN TO:ALL INDIA STATE BANK OFFICERS' FEDERATION

SBI BUILDINGS, ST.MARK'S ROAD, BANGALORE - 560 001

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of employee constituted an offence involving moralturpitude. It is an undisputed position that the entireamount of gratuity was paid to the respondent-employee.

5. The denial of interest payable under sub-section(3-A) of section 7 of-the said Act was on the basis ofClause 20(3)(iii) of the Allahabad Bank (Officers’)Service Regulations, which is reproduced below:

“Clause 20(3) (iii). The officer against whomdisciplinary proceedings have been initiatedwill cease to be in service on the date ofsuperannuation but the disciplinaryproceedings will continue as if he was inservice until the proceedings are concludedand final order is passed in respect thereof.The concerned officer will not receive any payand allowances after the date ofsuperannuation. He will also not be entitledfor the payment of retirement benefits till theproceedings are completed and final order isparsed thereof except his own contribution toCPF.”

The object of Clause 20(3)(iii) of the Allahabad Bank(Officers’) Service Regulations is to authorize theManagement to continue the disciplinaryproceedings initiated against an employee evenafter the date of his attaining the age ofsuperannuation. The provision says that theconcerned officer will not receive any pay andallowances after the date of superannuation. It alsostates that he will also not be entitled for the paymentof retirement benefits till the proceedings arecompleted and the final order is passed except hisown contribution to CPF. Keeping in view the objectof the provision, it has to be held that the action ofnon-payment of interest in terms of sub-section(3-A) of Section 7 of the Payment of Gratuity Actcannot be defended on the basis of such clause.

6. In view of above, no fault can be found with theview taken by the appellate authority under thePayment of Gratuity Act and the writ petition isdismissed with no order as to costs.

7. Rule stands discharged. Petition Dismissed.

Petition dismissed.