Remedy for Management Staff

thanks for starting this interesting thread. I am not an expert but curious to know

The Managirial staff has remedy under the Civil law. They claim all their dues by filing of civil suit depending upon nature of problem. So for as the vaidity oftermination is concerned the same could also be challenged but reinstatement is not posibble. instead of reinstatement, they can claim damages and compensation. 

Mr. Kirti,

Why reinstatement is not possible if the termination is arbitrary.

I agree with Mr Sanjeev

Thanks Mr.Arjun.

Dear Avinash,

Labour laws (ID Act, etc.), as a social security measure, have been made to avoid exploitation of illiterate or semi-literate labour in the industries. Management staff should not be equated with the labour, as they, themselves, are rule makers. The management staff are well qualified and can frame rules for themselves and get ratification from their Board of Directors. But, I find that in most of the organisation they just try to copy defective rules of some other organisations just to avoid putting their own efforts and applying their own minds. They just awake when some wrong is done to them.

Otherwise, nobody refrains them to make provision for appeals and petitions to their own higher authorities under the Employees Conduct and Discipline Rules, if some authority has done some wrong to any one of them. If the Classification Control and Appeal Rules framed under the provision of Article 311 of the Constitution of India can provide for the reinstatement of the Central and State Government employees on appeals and petitions, why not the management staff can cause to make such type of rules for themselves.

Rational HR personnel do take care of all such things but, those who mostly try to seek instructions from above do damage to themselves and their colleagues. So the only remedy remains that of the civil courts for them.

contract between employer and an employee is a contract of personal service.Being contract of personal service, it is posibble to specifially enforeced under the provision of Specific relief act asany breach in such contract can be compensated by way money. supreme Court is very clear in this regard. The judgement of Hindustan Steel Works Construction Ltd., and another Vs. Hindustan Steel Works Construction Ltd., Employees Union- (2005) 6 S.C.C. 725, U.P. State Spinning Co. Ltd. Vs. R.S. Pandey and another, (2005) 107 F.L.R. 729, Premier Automobiles Ltd. V. Kamlekar Shantaram Wadke, (1976) 1 SCC-496, Rajasthan State Road Transport Corporation and another Vs. Krishna Kant and others, 1995 (V) SC-75, Scooters India Vs. V. Vijai E.V. Eldred (1998) 6 SCC-549, L.L. Sudhakar Reddy Vs. State of Andhra Pradesh (2001) 6 SCC-634, State of Bihar Vs. Jain Plastics & Chemical Ltd. (2002) 1 SCC-216 and Secretary, Minor Irrigation & Rural Engineering Services, U.P. & Others Vs Sahngoo Ram Arya & another, (2002) 5 SCC 521 are relevant in this regard.

Learned experts/members have provided valuable insights on the subject in this interesting thread.

Learned Mr. Dhingra strikes the right chord with his comments. "Rational HR personnel do take care of all such things".

In majority of the situations, the priority and concern is to execute the orders from above, wrong or irrational, and save one's skin and job. HR can diffuse a situation before it precipitates to become ugly and damaging for employee or employer. HR has to be unbiased and independent.

Majority of the companies designate employees as executives and managers and keep them confused that they are not workman. In many cases labor courts has awarded relief to employees who were designated as Managers/executives.

A person who joints any company has to in occur lot of expenses born by parents, and has to toil for years to acquire education, to become employable, and then hunt for job. Barring a few companies and a few leaders, who care to train and nurture them for future, majority of them do not care.

Rules and policies are being framed to suit the employer and there are rulings to suit the employer.

The elders in the family and institutions should care to spend time and resources to make the students smart and educate them on what they may face than to paint an idealistic picture. They should become smart and taught situational management on real life situations, their rights, to be disciplined and results oriented and justify their position and salary, set their goals, and of course what is the law. Let us not hesitate to mention that they should be educated to form unions, and defend themselves when they are wronged, and families should gather access to legal minds and get into the habit to consult them periodically on important matters. It is always better to retain a lawyer and consult than to repent later. Life can not be fulfilling on passion alone, there has to stability and protection.

The educated and learned and young one also should strive to get bigger umbrella of protection to managers, from our law makers in civil courts. Hire and fire does not suit us. In Japan employee is provided training and resource for other jobs if he is not able to flair in one. Kaizen has taken them to places.

Dear Sir,

If possible please provide copies of these judgements as attachment .

Regards,

Avinash Kumar Sharma