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An amalgam of laws

Akshey Kumar examines some of the questions in the December 1999 CS (Intermediate, Group I) paper on personnel management and industrial laws

CAN an insured woman be entitled to sickness benefit and maternity benefit together for the same period? (3 marks each)

4(b) Discuss the various factors which are conducive to the success of collective bargaining in India. (7 marks)

Part B

7(b) Avinash, a member of a registered trade union, was convicted and sentenced to imprisonment for a period of two years for breach of trust in 1995. On his release, Avinash intends to contest election of office bearer of the trade union in 1999. Advise Avinash. (7 marks)

8(b) Growmore Company had two separate gates for `entry' and `exit' of employees. Harsh, an employee of the said company, while standing outside the gate for entry five minutes before the start of the shift, was knocked down by a speeding truck and died. Is Harsh's widow entitled to get compensation under the Workmen's Compensation Act, 1923? Discuss. (7 marks)

Suggested answers

The personal management and industrial laws paper is an amalgam of the important industrial laws and the fundamental portions relating to personnel management. While handling questions on industrial laws, the examinees must be thorough with the various p rovisions of the enactments. Major enactments, such as the Industrial Disputes Act, the Factories Act and the Workmen's Compensation Act, must be studied carefully. Students are advised to purchase the latest bare enactments of these laws. Insofar as tac kling the portion relating to personnel management is concerned, presentation matters the most.

A look now at some of the guideline answers:

3(vi): Section 65 provides that an insured person shall not be entitled to receive both sickness benefit and maternity benefit together for the same period. Where a person is entitled to more than one of the benefits, the person shall have to choose whi ch benefit he shall receive. Sec. 70 provides that where a person has received any benefit or payment which the person is not entitled, he/she shall be liable to repay to the ESI Corporation the value of the benefits or the amount of such payments.

4(b): In India, trade unions have leaned rather heavily on outside leaders having expertise in laws and politics of industry. They have not yet come of age to protect the workers. However, the factors conducive to the success of collective bargaining in the country are:

i) clarity of the concept of common goal to both the parties is a significant facilitator. The onus is all the more on the management to accept collective bargaining and the union as an institution;

ii) approach -- positive enough on the part of the parties to ensure peace and understanding;

iii) the trade unions' willingness to accept the right of the management to manage and operate;

iv) the management's non-interference in the internal affairs of the unions;

v) effective union-management consultation and information sharing;

vi) prompt settlement of grievances according to established procedures;

vii) longer duration of agreements will lead to stability; and

viii) efforts at finding out enduring gains and an approach aimed at problem-solving will pave the way for success of collective bargaining in India.

7(b) Avinash is disqualified from contesting election of office-bearer of a registered trade union in 1999 since he was convicted and sentenced to imprisonment for a period of two years for breach of trust in 1995. Section 21A of Trade Unions Act, 1926 s pecifically provides that a person shall be disqualified for being chosen as, or for being member of, the executive or any other office-bearer of a registered trade union if he has been convicted by a court in India of any offence involving moral turpitu de and sentenced to imprisonment, unless a period of five years has elapsed since his release.

8(b) Yes, Harsh's widow is entitled to compensation under the Workmen's Compensation Act, 1923. The facts of the problem are similar to those in Dudhiben Dharamshi vs. New Jehngir Vakil Mills Co Ltd case, where it was held that there was sufficient proxi mity both in time and place with the employment.

The place clearly came within the theory of notional extension because of the sufficient proximity both in time and place when he was obtaining access through the specified gate. The entry gate and the timings had been specified by the employer and it wa s only an ordinary accident of his employment that he had to come to that fatal place at that fatal hour.