Industrial employment standing orders

I agree

Sir,

Question here is not of egoism, but professionalism.  We as a management has not approached the court of law but the union has knocked the door of the court.  When there is an agreement to that effect and when the CSO was certified in activice consultation with the unions with a package to the union that since the retirement age has been reduced in the LTS and CSO managmeent will pay a lumpsum amount of Rs.27000/- in view of compensation for early retirement.

Secondly the issue is we being into an industry wherein young hands are required and quick services are to be delivered to the customers as we are in the service industry, it was felt that people attaining the age of 55 seems to be old and are not likely to provide quick and efficient services to the customers.  In view of that it was decided by both the management and the union to reduce the age with a compensatory package.  Secondly it was also decided that being in an industry wherein lots of students are passing out every year and requirement of job is minimal, retiring the employees at 55 years would generate new employment avenues to the younger generation or else there could be a imbalance between the numbers of students who are passing out every year and the job openings prevailing in the industry.

Now whether it is incumbent upon the union to approach the court when it was decided in active consultation with each other. .

Regards

Secondly if we succumb to such kind of pressure of the union, it is likely in the near future the union will have the word making them strong in the decision making process of the company.

No one can stop anyone to approach Court of Law as per the heirarchy to get justice

He wins or looses is his fate

If their advocate misguides the Union , you cannot be guilty and the professionalism in Management cannot be in question

LCI encourages healthy discussions in the forum. This thread has become  highly interesting and informative by learned experts.

Learned Mr. Dhingra has given valuable advice “what is the objection and hitch of the management in considering the demand or getting the Certified Standing Orders amended amicably, if the union has some point in their demand.” The union might have tried for amicable settlement, or might have expected that nothing fruit shall be achieved. The company’s view point has been explained by Mr.Jaykumtekar.

With due regards for the view point of the company and management by simple logic and common sense it appears that, Rs27000/- in view of compensation for early retirement, is no match for employment for 3 years, and thus this seems to be the bone of contention. Learned Mr. Thukral has illustrated that organized workmen can collective bargaining in them and “Certifying authority can modify the standing orders on an agreement between the management and the union of workmen”

This does not hold well that “for my sake and my profit you suffer loss”.

The employees with vintage may draw more wages compared to a new employee absorbed as replacement, at designations which may be trainee/astt. etc. with a scope to grow over period of time. The young employees may get employed @ much lower compensation package drawn by the employee who exists.

Learned Mr. Godbole has given valuable comments “No one can stop anyone to approach Court of Law as per the hierarchy to get justice”

Courts have delivered landmark judgments. Since the matter is in court, court shall deliver the judgment.

I thank u Mr.Kumar for your valuable advise and I will try to implement the same here.

Dear Mr. Jaykumtekar,

Learned Mr. Thukral, Mr. Dhingra , had clarified the matter with their expert advice and in depth knowledge, along with  Learned Mr. Kuppusami, Mr. Godbole and made the thread highly interactive, and brought out the finer points.

Kindly post your thanks to them.

Being an avid reader it can be assured that you shall find their advice and comments highly specific, concise, precise, leading to remedy and solution and these experts are thorough gentlemen.

We gained from the thread posted by you.

The generosity you have posted on the matter is commendable.

Also one more argument comes in mind If this would have been so The Hoble Supreme Court Judges would have made their own retirement age as  "TILL DEATH " ,

BUT THEY CANNOT

The interpreters of Law and the Constitution also cannot  change  their own  own retirement age 

How can a Worker Union compel a Company do it through the same Honble Judges

In the facts and circumstances, I believe that as far as the decision of Certifying Officer is concerned, it can not be faulted. There is a general trend  and it is conceived that a man can efficiently work up to 62 years now, a retiring age of 60 years is therefore justified. I think that the quoted judgement of Sc in Bharat petroleum can has not been read properly. Settlement of wages and other service conditions is based upon region-cum-industry formula with capacity of employer to pay. If the employer could hold his way then workers can not achieve the living wage.

It is true thaat duing subsistence of a wage settlement the workers can not raise any demand causing finacial burden on the company but once the settlement expires union is justified in submitting fresh charter of deamnd.

The workers have achieved 39 working hours per week as against 48 hours by law. They are getting 18-21 festival holidays ina year as against 10 provided by law and so on.  Although recent decisions have tilted in favour of employer but  the dictum that while the employer puts his capital, it is the workmen who toil to make that capital into profits.       

In counter to workers demand the employer can also submit his demands on the workers. You can ask for periodical examination of workmen and discharge of  sick and and invalid prematurely. You can inroducae shift working and staggering working hours to reduce the manpower . You can ask for productivity level etc.

I am sure the result of your appeal shall depend upon the above logic .

I thank every one for their contribution and their expertise advise.  Academically we require such discussion.

Once again thanks.

Jaikishen Kumtekar