CS Final :: Human Resource Management and INdustrial Relations : June 2004

Read the following case and answer the questions given at the end:
Washwell Detergents (P) Ltd., a five-year old traditionally managed company employing 200 workforce under one personnel manager, two personnel officers and three supervisors, manufactures soaps in a factory situated 20 kilometers away on NH-8 in a rural setting. The managing director is overall in-charge of the company and is assisted by assistant company secretary, Gautam, who looks after personnel department as well. Most of the workers come from joint-families and own ancestral agricultural lands. During lean agricultural seasons, a large number of candidates flock the company gates for jobs in the factory; but after three or four months, almost all leave jobs to look after their crops. They come to work only for liquid cash. Their performance on manual jobs is on the whole casual and slipshod. There are no permanent employees, no union activities, no promotion or training policies. The company follows hire-and-fire recruitment policy. Conflicts, accidents, damages and turnover are galore.

Piyush, an M.Sc, MBA, has been its personnel officer for the last three years. He handles industrial relations and overall co-ordination of supervisors through Swati, an MA, BBA having 2 years experience and who is the second personnel offic er. The company's products being cheap and of good quality stand well in the market. In fact, its detergent 'Easy Wash' commands solid brand loyalty.

Recently, the position of personnel manager fell vacant due to his sudden death. Both the personnel officers applied for promotion to it. As no criteria for selection was readily available, Gautam, ACS, decided to get their candidatures appraised by subordinates. The three supervisors, who were also 'sarpanch' in their villages, were asked to award marks out of 400 on the behaviour, guidance capacities, controlling and human touch of the personnel officers on the basis of subjective likings. Both the officers heavily lobbied with the supervisors who were inexperienced in such a task. They finally gave averaged scores as follows :

	Iyush	Swati
Behaviour Guidance Controlling Human touch	45 10 40 45	35 05 50 35
Total	140	125

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In view of marginal difference, none was promoted and an external fresher was appointed. As anticipated, both the personnel officers resigned in disgust. Within a month, the three supervisors also left the job.
Now, answer the following—

Work out a more effective recruitment, motivation and appraisal system for the company.

"Human resource management is the art of acquiring, developing and maintaining a complete work force in such a manner as to accomplish with maximum efficiency and economy the functions and objectives of the organisation." Discuss.

Write notes on any three of the following:

(i)	Manpower planning
(ii)	'Assets make things possible, people make things happen'
(iii)	Evaluation of benefits of training programmes
(iii)	Learning principles
(iii)	Job analysis.

"Education, training and development are different aspects of employee development programme." Elucidate.

Prepare a brief note for your managing director visualising new challenges being faced by human resources managers in the rapidly changing economic environment in the country.

"To develop flexible managers for the future, we should teach them to write poetry, read military history and study weather maps." Discuss.

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Read the case given below and answer the questions at the end citing relevant case law, if any:

A clause of the certified standing orders of the Burn & Co. provides that the go-slow tactics on the part of workmen will be treated as serious misconduct for which the workers may be dismissed. The employees' union in the company is registered under the Trade Unions Act, 1926, but is not recognised by the management. It raises an industrial dispute demanding its recognition and deletion of the 'go-slow clause' from the certified standing orders. The management rejects the demand stating that only 30% of the workmen are members of the union and go-slow is an unfair labour practice. However, the unionists adopted go-slow tactics under a common understanding. The management gives notice to them that if they do not resume normal working speed within 24 hours, they would be dismissed as per certified standing orders. The unionists disobeyed the notice. The management dismisses 25 such workmen. The remaining workmen go on strike demanding reinstatement of the dismissed workmen. The appropriate government refers all the disputes between Burn & Co. and employees union to an industrial tribunal for adjudication and prohibits the continuance of the strike. Yet the strike continues with assault on the factory manager and damage to the plant by the violent strikers. The management as a security measure declares lock out.
Explain the following:

Can Burn & Co. or the union raise an industrial dispute regarding the dismissal of 25 workmen who are members of the union?

Can Burn & Co. apply for modification of certified standing orders? Can the union also get it done? How?

Will the union or its members get protection from criminal and civil action for assault and damage during the strike period?

When can bonus payable under the Payment of Bonus Act, 1965 be forfeited? Cite case law.

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Dr. Anil, a registered medical practitioner, bona fide treated Chotey Lal, a worker in Strong Fabricators Factory (SFF) for temporary blindness in the right eye. The patient did not inform the doctor that blindness was caused due to his working on welding jobs in SFF. Diagnosing that the disease was due to viral infection, the doctor gave the patient eye drops and antibiotics which cured the patient. Neither the employer nor the doctor informed the Inspector of Factories. Did the doctor commit any offence? Cite statutory provisions and case law, if any.

Two unions filed three writ petitions against Blue Star and KEC International (P) Ltd. in the Bombay High Court contending that 'voluntary retirement scheme' (VRS) of the companies involved change in the working conditions of the workmen and so, a notice is necessary under the Industrial Disputes Act, 1947. The court allowed the plea. As the company secretary of Blue Star, what can you do to save the company's VRS and why? Would you prefer union negotiations on this issue?

Critically evaluate the various provisions relating to hazardous processes under the Factories Act, 1948.

"Industrial relations in India are largely regulated, shaped and structured by the State." Comment