July-16

Women

LeadersNiharika MohanTanvi ChoksiSaagarika GhoshalNamrata Gill TyagiNirmala Behera UdgataDivya JainSuma Poduval

Women HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR Leaders

JULY 2016 BUSINESS MANAGER1

In this ISSUE www.businessmanager.in

In every ISSUE

Response

From the Editor’s Desk

Guest Column by Dr. Vinayshil Gautam

Guest Column by Prof. Arup Varma

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13 Women Power : Don't underestimateyourself!

Working women have always been facing similarchallenges.Then why is it that some women thrive and riseto the top and others succumb to the pressures anddemands of life?What are the life skills needed to forgeahead despite these challenges and more? An article by Kadambari Seth .

Managing Talent - Beyond Organizational Mindset

Track Talenting would be looked upon as the managementof career related roles and events that are organizationallybased.The organization would assist in a member's careergrowth, but this growth is ultimately the member's

prerogative.Theindividual'sexpectation will guidethe organization todecide whom tomove, when, how andat 'what speed'. Butthe question we asktoday, "Is thatenough"? An articleby Dr. GaneshShermon.

10 Attracting millennials to start-ups

Getting the right people can make all the difference to yourbusiness, and it's all the more critical for start-ups to attractthe best and brightest talent.This article explores how start-up can lure top talent and create a culture of intrinsicmotivation which most often acts as a magnate for talent.An article by Devika Gulla.

Cover Feature

MASTERING ONE'S DESTINY THROUGH SELF-BELIEF -Niharika Mohan

FIND YOUR BREAKTHROUGH MOMENTS -Tanvi Choksi

BRAVING ALL ODDS -Namrata Gill Tyagi

AN ENTERPRISING LEADER -Saagarika Ghoshal

PUSH YOUR LIMIT AND TAKE NEW CHALLENGE ! -Nirmala Behera Udgata

BE THE PEACOCK IN THE LAND OF PENGUINS -Divya Jain

THE UNICORN -Suma Poduval 18-37


www.businessmanager.in

4442 The Calling Card Syndrome

Just as work is only a subset our life's identity, the CallingCard becomes an integral part of our work identity. It isunmindful to use it as a barometer to measure and try tojudge a person in a limited sphere. Here's for us to pauseand think, if we are "missing the woods for the trees"! Anarticle by Aparna Sharma.

40 Coaching in your workplace

Coaching should not be treated as a remedial approach forunderperformers or sticky employees. Instead, theCoaching activity must be recognized at par with othervalues management approaches. Most importantly, thefocus should be on creating a Coaching Culture byestablishing that coaching takes place across theorganization and at all levels, functions and locations. Anarticle by Dr. Sunil Kr. Kapoor.

56 Impact of SAIL Judgment on ContractLabour engagement

The concept of automatic absorption of Contract Labour isno more a sine qua non in the establishment of thePrincipal Employer when a notification by appropriateGovernment is issued under section 10 (1) of the CLRA. Anarticle by Deepanjan Dey.

58 Misuse of powers by EPF Authorities

Employees' Provident Fund Scheme is a novel scheme inmany ways, India can boast of having this Scheme from1952, when most of the countries of the world did not haveeven thought of it.That is the reason that great emphasishas been laid on safeguarding this Scheme for the benefitof the employees. An article by H.L. Kumar.

60 Government Notifications

61 Case STUDY

HR-IR Dilemma of a ManagerBy P. Soma Raju

62 Case Analysis

Fair & Firm Approach will work!By Bhaskar Dhariwal

63Book Learning

BORN FOR THISAuthor : Chris Guillebeau

INCREDIBLE HRAuthor : Sandip Grover

helpLINE

46from the COURT ROOMRecent Important Judgments

63HR NEWS

HMT Factory to be shut down, employees continue dharna for better VRS

Trade Union with two-third majority to become workers' representative

Manpreet Ratia is new CHRO of Myntra

Only offers, no jobs at L&T Infotech

Renault Nissan workers settle for 19,700/- wage increase

EMPLOYEES' PENSION (SECOND AMENDMENT)SCHEME, 2016

NOTIFICATION UNDER MINIMUM WAGES ACT-U.P. GOVT.

EDLI BENEFIT INCREASED UP TO SIX LAKH38 Are your learning programs bringeffective change?

There has been a tendency to come out with a laundry listof training programmes without understanding the realneed of the business. Conducting such kind of learningprogrammes will only result in waste of time, money, effortand resources. An article by S. Ramachandran.

15 Breaking paradigms: Womenentrepreneurs brave it all

The cultural normsand familyexpectations arethe majorimpediment tocareer growth forwomen in India andwomenentrepreneurship isnot much to talkabout.Though,there have beenexceptions but byand large Indianwomen stillstruggle to findtheir place in thesun when it comestoentrepreneurship. An article by Deepshikha Singh.

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Published on 1st of Every MonthThis issue of Business Manager contains 68 pages including cover

Chief Editor

ANIL KAUSHIK

Associate Editor

ANJANA ANIL

Hon'y Editorial Board

Dr. T.V. Rao Dr. V.P. Singh Dr. Rajen Mehrotra H. L. Kumar

SpecialI can't thank you enough for featuring me in this publication! It makes me feel special -I feel very lucky, blessed, excited, and grateful to have been a part of this issue. Again, Ican't thank you enough for considering me worthy enough to be apart of yourpublication.

-Ifrah Kanwal

MeaningfulA meaningful issue on the MAY DAY. An innovative caste system is being evolved orhas actually evolved in industrial relation. The sooner we realise the better it is!

-P. VenuGoodGood editorial ! The last part is very important that employers are expected todemonstrate gesture of goodwill by ensuring that basic service amenities areprovided. Need to look beyond minimum wages in respect of the contract labour withgood experience. Ameliorate their pay & ration in lieu of permanent liability.

-Manoj RajimwaleEyes closedThis is an issue on which industry has closed its eyes and HR professional of the day donot have any understanding of the issue. Due to gradual decline of collective force ofLabour Unions this, work force is getting exploited. I have tried to ensure strictcompliance w.r.t. wages, PF, ESIC etc which has yielded good results. There is a need toprovide fair wage and general insurance coverage. Even every workplace cancontribute by simply becoming statutorily compliant. Thanks for highlighting an issueof this gravity and exploitation.

-Shrikant BhandeWell preparedIssue on Contract Labour is well prepared. Request you to share some articles /research findings pertain to Job Evolution and Designation mapping in IndianOrganization for Indian Context.

-Manash Kumar Bhattacharyya

Thanks...I do thank you, the editorial board and the team members at the BM for the wholeeffort been put into publishing another notable edition to reach the industrypractitioners. Thanks for your support.

-Kasi SP...Thanks. Look forward to a complete issue on ESI and PF in future it is much needed.

-Jagdip Sharma

BetterBM is becoming better than the best.Excellent topics chosen and debated.Kindly pick relevant topics which willenrich the knowledge of the HRprofessionals. BM issue -May 2016 hasgiven latest debating issues - Contractlabour, Shift Schedule & Rotation. Now a days , workers are resisting for anynew policy or actions related to security,safe guard installations in the industry.Workers resist especially related to CCTVinstallation in the plant, Prohibition ofusing/brining mobile phones inside theplant or working hours, not allowing othermaterials like carry bags, personalbelongings etc. These are the issuesnormally disturbs the industrial peace.Workers may find reasons for going forstrike for this type of unnecessary issues.They are invoking notice u/s 9A of ID actfor change in conditions of service anddemanding 21 days notice. Under thiscircumstance, how HR can manage theissues and whether above mentionedissues attracts u/s 9A of ID Act ?Kindly publish an expert view on Noticeu/s 9A of ID Act 1947 for change inconditions of service.

-Raghavendra K

Readers are invited to comment on articles published in BM through email at : [email protected]

Anil Kaushik



Aspire to Lead

July, 2016Vol. 19, No. 1

There has always been a buzz surrounding the role and contribution of women in corporateworld. In most parts of the world it is felt that she can’t achieve professional success and climbthe ladder without sacrificing at home front. In recent past it was also indicated by topcorporate women in some way or the other. However, the discussion should not be about thepreferential choice between home and work . Rather, it should be about encouraging womenby family, peers and society at large to aspire to lead. It is also true that whether they got thesuccess or not, it is all due to their attitude towards life and priorities set by them individually.

Specifically when we talk of women in HR profession, it is perceived throughout the world asprofession meant for females. Many studies have revealed that women outnumber men in thisprofession. In India too, women prefer HR than other function, may be because of nature ofwork that suits to their inherent qualities and temperament gained since birth. It is true that HRrequires empathy which comparatively women carry this skill more but to reach at top, youneed to blend empathy with business knowledge and tech savvy in present times.

There are many women in corporate Inc.in the country where they have reached to top to headHR function and proved their mettle, particularly when the function is seen more of tacticalthan strategic by peers in the organization, you struggle more for your visibility.The womenwho have showed up their people and business skills which drove business to success, enjoy aseat at center.

To know more about women HR leaders of the country,how they achieved where they aretoday, commanding respect , dignity and followers in organizations, Business Manager, aftermuch deliberations concluded with few women HR professionals who have wrote their destinyof their own against all odds. Appearing in the anniversary issue are Niharika Mohan,TanviChoksi, Saagarika Ghoshal, Namrata Gill Tyagi, Nirmala Behera Udgata, Divya Jain and SumaPoduval.

There is one thing common in the success story of these HR leaders and that is their honestyand hard work towards their job-be at home or office with excellent balancing skills betweenfamily and work expectations. Passion to do what triggers in you is the core of success for all ofthem.

Journey of learning for these women HR leaders is still continuing and so ours. BusinessManager has entered in its 19th year of continuous publication all through fighting against allodds.

If you like it let us know. If not, well, let us know that too.

Happy Reading!

From the Editor’s Desk



By Dr.Vinayshil Gautam FRAS (London) Column

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In one of my visits to Cambridge University,Eric stokes, the then Smuts Professor ofImperial History was my host. Having alittle slack time at hand he invited me towitness a debate of their Union Society.The topic was "A little more than little is alittle too much". It had brilliantprotagonists and some brilliant peopledebating against the motion. That isanother story. At that point of time I wasjust moving centrally to the concerns of thedecision making and management. Itstruck me as odd that a subject matter ofthis variety may also be debated and withsuch vigor and passion.

I have always thought that the keywords in management are 'judgment' and'proportion'. Everything else is subservientto these core concepts.This includes data,insight, and analysis.The list can be furtherextended: indeed the truth is that even thetool boxes like information technologies,analytics, operations research and more areindeed the third layer of managementexpertise.That so much is made of toolboxes is essentially because it is specific,easy to communicate andto simple display.

Management being a craft focuses onthe making of a practitioner. It is neither anart nor a science it focuses on action.

Action without judgment is like fiddlingwith wires in the dark. It creates an illusionof activity but one is not quite sure to whatend and for what objective is the activity.Be that as it may, any discipline take a longtime to mature. History took severalcenturies. Anthropology took less but it isstill to acquire the mellowness of history.Mathematics is of course an ancientdiscipline as is astronomy. However there isa differentiator. There is very little ofcontinuity in astronomy from one era toanother. Mathematics is more cohesive butit has its regional differentiators. The tell-tale caption of "Arabic version of Indiannumerals" which went global is a splendidillustration of the same. Similarlymanagement has its unifying themes andits differentiating contexts. Management

A little more than little

as we understand the subject matter today and the way it is taught inclassrooms and elsewhere is barely a 100 year old. It is another matterthat each civilization from Maya to Tigris, Euphrates to Sindhu,Sarasvati and Ganga going up to Yangtze Kiang is indeed a storyunique in its own right. All these civilizations were strong in theirmanagement and definite in their thrust. It remains a challenge for amodern management not only to explore the content and boundariesof the management principles of these civilizations but also to readtime and geography into the interpretation of management. This is adaunting task waiting to be addressed .The real world moves on. Oneof the major problem of modern management today is the post-worldwar one era may remain the business of consistently wanting andcreating the demand formore.

It is conveniently forgotten that there are limits to human capacity.One can wish to eat as much as one desires however the body and thebelly has a physical cutoff point. One may wish to enjoy sensual pleasurebut the body had its limits.The body must rest and renew itself and thisitself is a clear throttle. Consumption revolves around the body capacityand capability. Hence this endless plea for 'more' and 'more' feeds the fireof dissention, frustration and multiplies gross global unhappiness.Theresults are for all to see in the form of wars, violence, pettiness, greed, useof power for non-benign purposes. Management as a discipline cannotafford to ignore this unless it does so at its own peril.

All strategies focus on growth. Most consultancies are focused onhow to get the optimal with minimal investment.The algorithm ofcivilization seems to have become 'faster','more universal', 'lessereffort''greater fun' lesser 'physical effort'. Hence, there is a rush for laborsaving devices and almost parallely a bee line for physical fitnessprogram. One works not only though the waking hours- but loose theresting hours to earn money- to enjoy which the time has to be found!Else one has to buy time thorough acquiring gadgetry-which againrequires spending all the extra money earned through all that effort!! It isquite a circle.

The examples can be multiplied.To put it simply 'a little more thanlittle is a little too much'.On the balance the search for almost endlessgratification losses the sight of fact that if there is no proportion and nojudgment one can be throwing the baby with the bath water.The truedefinition of wealth is what can be enjoyed. Stacking up millions in thebank which may or may not grow through investment may serve toinflate the ego. However, it does very little to add to gross humanhappiness. Indeed the business manager need to remind himself of thegrowing level of anxiety, illness and disenchantment which, then,surrounds individual and collective life. Unfortunately exhortations of'being positive' and 'thinking positive' do not alter the fact of theemaciated body, devastated sprit in search for more!

Good business is a good sense of proportion. It is a good sense ofjudgment.That alone will lubricate sound business and all round growth.Time may have come to do some re-thinking on the fundamentals ofbusiness management. BM


LeadershipStars oftomorrowStars! How exotic does itsound and how banal can itget if not managedeffectively? Historicallyspeaking there was aninstitutional emphasis thatmade them the stars, fortheir own organizations,there was an individualeffort that prompted them tobecome stars and there was adrive and desire that couldnot have been fulfilled forthem unless they became andtheir their institutionsbecame stars. Stars becamestars because of people who

were willing to make the time and effort to make thesepeople stars.

Lives and career evolve over time. Track Talentingwould be looked upon as the management of career relatedroles and events that are organizationally based. Theorganization would assist in a member's career growth, butthis growth is ultimately the member's prerogative. Theindividual's expectation will guide the organization todecide whom to move, when, how and at 'what speed'. Butthe question we ask today, "Is that enough"?

Case Human Side of StarsTracking Talent is the application of the human side of

management, a process to identify high potentialcapabilities. As hard as it is to choose and begin a career, itis even more difficult to become successful in one. Researchinto careers and into stages of adult life development hasbeen an area of research for many decades. Much of thisresearch and conceptualization arose out of concurrentpsych, analytic theorizing and the so-called humanpotential movement. Many skills became obsolete in a fewyears, particularly those that had an academic base. Manypeople who had followed the dictates of the culture andtheir parents in their career choice and development bymiddle age recognized that they really didn't like what theywere doing. Others became satiated and bored, and soughtnew arenas. What is the ideal way to develop leadership?Leadership inevitably requires using power to influencethe thoughts and actions of other people. Power in thehands of an individual entails human risks: first, the riskof equating power with the ability to get immediate results;second, the risk of ignoring the many different ways peoplecan legitimately accumulate it power; and third, the risk oflosing self-control in the desire for power. "Managementconsists of the rational assessment of a situation and thesystematic selection of goals and purposes (what is to bedone?); the systematic development of strategies to achievethese goals; the marshaling of the required resources; the


Managing Talent - BeyondOrganizational Mindset

Track Talentingwould be lookedupon as themanagement ofcareer related rolesand events thatare organizationallybased. Theorganization wouldassist in a member'scareer growth, butthis growth isultimately themember'sprerogative. Theindividual'sexpectation willguide theorganization todecide whom tomove, when, howand at 'whatspeed'. But thequestion we asktoday, "Is thatenough"?

Dr. Ganesh ShermonManaging Partner for "Talent Management Solutions" (North America) & earlier Partner, Country Head and Global Steercom (P & C) - KPMG LLP



rational design,organization, direction, andcontrol of the activitiesrequired to attain theselected purposes; and,finally, the motivating andrewarding of people to do thework. The most seriouspersonnel issue facingbusiness in the 21st centuryis the virtual certainty thatthe promotion rate will falldramatically, andengagement levels will beabysmally low - although thereasons continue to change".

Flatstructures willmake jobs,substantivejobs scarce.

Employee connect andsocial feedback will makeself - awareness more real-time, 360 degrees and virtual.Executives would like to stayon the job longer not becausethey cannot afford to retire,but because their greed toearn more has not besatiated; at the same time,the number of candidates fortheir jobs will expand at thehighest rate ever. In thisdecade, talent shortage willnecessitate more rapidacceleration of youngexecutives up the corporateladder but there is always astagnation point - the pointwhere the star programmanagers don't seem to begoing away. Only if leadersdepart can there beopportunities for youngerleaders. To make such aprogram successful, manyhigh-level executives willhave to improve their abilityto judge both currentperformance and futurepotential of themselves andthat of their protégé'.

Stress is a universal phenomenon, a significantproduct of the gap between the self-image and the egoideal. When people overlook the ethical questionsassociated with the choice of means, they ultimately hurtthemselves and their organizations. It is when theircareers are on a downward slope that they look at meansthat were not ethical that they had deployed to stay on topof their job. A good number of executives accept the clichéthat success always demands a price and that the price isusually deterioration of private life. This cliché does notalways reflect reality. When individuals feel competent andsatisfied in their work-not simply contented, butchallenged in the right measure by what they are doing-negative spillover does not exist. For an ambitious person,a well-functioning professional life is a necessary thoughnot sufficient condition for a well-functioning private one.And career building is at its best when we can get ourexecutives to bet at their best in both their personal andprofessional life - that transcendent beyond everyday work.To me the consistent outcome of these findings indicatejust one thing - the need to look at life satisfaction as aholistic need with career as only a subset.

Think beyond institutionalboundaries

An effective program influences the direction beyondthe organization through the selection and development ofkey people for roles beyond their organizational need. TheStar Performers are placed in key positions where they willbe tested, challenged, and have the opportunity to provethemselves capable of making decisions affecting thefuture of the environment in which they are placed orbeyond. The program ensures key individuals are notpigeonholed or left to stagnate in unchallengingassignments by a rigid seniority-based promotion systemor by less competent, insecure supervisors. ALife - CareerProgression Map (LCPM) will chart the course for anindividual with necessary developmental inputs at everystage of his organizational life cycle according to themandatory inputs required. This map will also indicate thenumber of years a person would take to traverse from oneposition to the other. With this Life Career ProgressionMap drawn out the employee will have a clear picture as towhat the organization has in store for him and can plan hiscareer accordingly.

Case for TrackingIn the February 2006 issue of HBSWK, Take

Responsibility for Rising Stars say authors Jeffrey M.Cohn, Rakesh Khurana and Laura Reeves. "Manyexecutives, they say, believe that leadership development isa job for an institution, delivered through an HR function.This may be the single biggest misconception they canhave. As corporations have broken down work intomanageable activities and then consolidated capabilities


The most seriouspersonnel issuefacing business inthe 21st century isthe virtualcertainty that thepromotion ratewill falldramatically, andengagementlevels will beabysmally low -although thereasons continueto change".



into areas of expertise,employee-related activitieshave typically fallen intoHR's domain. The prevailingwisdom has been that if aninstitution and in its place itsHR function, took care ofthose often-intangible "soft"issues, line managers andexecutives would be free tofocus on "hard" businessissues and client interaction.

Your Leadersare yourMirror

But at companies that aregood at growing leaders,operating managers, not HRexecutives, are at the frontline of planning anddevelopment. In fact, manysenior executives now holdtheir line managers directlyresponsible for theseactivities. In this worldview,it is part of the linemanager's job to recognizehis subordinates'developmental needs, to helpthem cultivate new skills,and to provide themopportunities forprofessional developmentand personal growth.Evolved Leaders must do thiseven if it means nudgingtheir rising stars into newfunctional areas or businessunits. They must mentoremerging leaders, from theirown and other departments,passing on importantknowledge and providinghelpful evaluations andfeedback. The operatingmanagers' own evaluations,development plans, andpromotions, in turn, dependon how successfully theynurture their subordinates.Line managers are heldaccountable not only foraiding in the development ofindividual star managers butalso for helping senior

executives and HR experts define and create a balancedleadership development system for the entire company.They must tackle questions such as "How will we balancethe need to nurture future leaders with the pressures toeliminate redundant activities?" and "How should weencourage burgeoning leaders to take risks and innovatewhile maintaining our focus on short-term operations andprofit goals?" (Firms shouldn't have to forgo their quarterlytargets for the sake of developing high-potentialmanagers.) Practical solutions to these and otherchallenges don't magically appear in HR conference rooms;they come from the line managers". "If line managers areheld responsible for executing the talent developmentinitiatives, the board should assume high-level ownershipof the overall system. Traditionally, however, most boardshave focused on CEO succession, giving short shrift tosystematic leadership development. After all, there waslittle risk of a calamity occurring if the board didn'tmonitor the leadership pipeline. There was also littlechance that the board members would be held personallyaccountable for the resulting weak talent pool" for they arequite disconnected.

Case Think Star Team iseffectively argued byMartha Lagace

There is no denying that our culture is very enamoredof stars and with the idea that extraordinary talentaccounts for individuals' extraordinary performance. "Thebusiness media likes to treat star knowledge workers, such


They mustmentoremergingleaders, fromtheir own andotherdepartments,passing onimportantknowledge andproviding helpfulevaluations andfeedback.



as top analysts, bankers,lawyers, and CEOs, as if theyare star athletes. There is anassumption that these starknowledge workers, like starathletes, actually "own"everything they need toperform at the top level andcan take that knowledge andskill anywhere.

They are treated as freeagents who can take theirtop performance to work forthe highest bidder. We wereinterested in why some staranalysts were able tomaintain their star ratingover this period while othershad a harder time doing so.We found that having high-performing colleagues indifferent locations in thefirm-at the team level, at thedepartment level, ornational level and in anentirely differentdepartment (sales)-had asignificant impact on staranalysts' ability to maintaintheir stardom.

Headhunter'scourt stars all thetime

Yet another bane of oursocial trap. Stars need torecognize that despite theirtalent, knowledge,experience, and reputation,what and who they workwith really matters forsustaining top performanceand personal peace. Whenconsidering a career/rolerelated move, it is veryimportant for stars toevaluate the level of supportthey are receiving from theircolleagues in different partsof the organization".Continues, Martha Lagace in2007, HBSWK, "has ananswer for Star Talent. "TheKey to Managing Stars?

Think Team". She elaborates, "What contributes to anindividual's ability to remain a star? To what extent doespast star performance predicate future star performance?And to what extent does a key organizational factor-colleague quality-help or hinder the ability to sustain starperformance?

The performance of stars is an important career matterfor individuals as well as for managers who want toinspire, nurture, and recruit stars. A new study by HarvardBusiness School's Boris Groysberg and Linda-Eling Lee onstar knowledge workers, specifically security analysts,addresses these questions. As they explain in aforthcoming article in the Journal of OrganizationalBehavior, it is true that a star's past performance indicatesfuture performance-but the quality of colleagues in his orher organization also has a significant impact on theability to maintain the highest quality output. "Stars need torecognize that despite their talent, knowledge, experience,and reputation, who they work with (beyond institutions)really matters for sustaining top performance".

Taking Ownership for SelfFinally, we are also responsible for our own plight.

Many of us have never done any serious, constructivepersonal life planning that looks at our life beyondorganizations. But there is now a crying need fororganizations to help people identify their potential andbuild upon it. If effective life planning had been a part ofour activities, we would have asked for feedback onourselves, beyond performance, when that informationwas not volunteered. Almost everyone at some point thinksof a second career, a third career or a fourth innings. Manypeople have good reasons.

For in a 40 or50-yearwork time span (in a 90-year lifespan) there is much more to do beyond what you can do inone or many organizations. The realities of contemporaryorganizational life also stimulate a manager to think abouta second career: the competition is stiffer every year. Evento the young manager, the accelerating pace of changemakes obsolescence a threat.

Rapid technological changes (which demand higherlevels of education and training), more differentiatedmarkets, and unpredictable economic circumstances allmake it improbable that a manager will have a life-longcareer in one field or one organization. When a careerhelps satisfy the ego ideal, life and work are rewardingand enjoyable. When life goalsdo not help meet these self-demands, work is a curse and so are all other aspects oflife. We believe it is possible to create and implement aplanned approach in making Stars happen in anorganization and can be built to deliver value beyondinstitutions. By encouraging stars, we do not mean asubtle and not so subtle compromise of the solidperformers of the organization but the need to identify andassess people to help build a life of their choice - beyondinstitutions that contributes to nation building and in turnprovide them happiness.


BM

"Stars need torecognize thatdespite theirtalent,knowledge,experience, andreputation, whothey work with(beyondinstitutions) reallymatters forsustaining topperformance".


Two trends willplay a significantrole in the Indiane c o n o m i clandscape. First is

the rise of start-ups in thecountry. Start-ups areenterprises promoted by firsttime entrepreneurs and arerelatively recent in origin.What differentiate a start-upfrom a small business is thestrategy and the objective toscale up the business in anunconstrained manner.

A growing millennialpopulation is the second

trend that is bound to have a tremendous impact on howwork is organized. Millennials are the largest cohort inhistory. These people born between 1980s and early 2000sare bound to bring changes in the existing job market.

A number of surveys conducted in the West, pointtowards the growing trend of millennials wanting to workwith start-ups. However, how Indians respond to these newage organizations is yet to be seen. To gain insights aboutthe perceptions millennials hold towards start-ups, asurvey was conducted to identify the factors that attractedcandidates towards a start-up and those that preventedpeople from taking up such employment.

Is there a methodology?An exploratory study was done to gather insights about

the perceptions of millennials regarding employment instart-ups. An attempt was made to uncover the factors thatmake new ventures an attractive place to work. At the sametime, factors that discourage people to work in start-upswere also explored.

The study involved identifying all job related factorsthat one considers while evaluating the suitability of aparticular job offer. This list of factors was derived from anextensive review of available literature as well as throughcollection of primary data. Primary data was gatheredthrough semi-structured interviews with people belongingto Generation Y. Sixty respondents were chosen fromvarious B-Schools. Their ages varied from 22 years to 28years. They were asked about factors that they kept inmind while choosing an employer. A thematic analysis ofthe responses was done to derive those factors that seemedmost important to people in this cohort.

Based on the analysis of the responses to interview andthe literature review, a questionnaire was designed toassess the perceptions regarding work in a start-up. Thequestionnaire consisted of 16 items. Apart from the


Getting the rightpeople can makeall the differenceto your business,and it's all themore critical forstart-ups toattract the bestand brightesttalent. This articleexplores howstart- up can luretop talent andcreate a cultureof intrinsicmotivation whichmost often actsas a magnate fortalent.

Attracting millennials to start-upsDevika GullaHR,Tata Consultancy Services, New Delhi


Attracting millennials to start-ups

demographic information,each item consisted of astatement describingworking in a start-up. Thestatements were framed bothnegatively and positively toavoid any biases inresponding. Such statementsregarding positive andnegative factors werealternated. Each itemdescribing perceptions aboutemployment in start-ups hadto be ranked on a five pointLikert scale (where,1=Strongly disagree;3=Neutral & 5=Stronglyagree).

Once the questionnairewas designed, a purposivesample was selected. All therespondents wereManagement students. 138participants answered aquestionnaire regardingemployment in start-ups.The respondents belonged tothree age groups; 18-21 years(25%), 22-25 years (54%) and26-29 years (21%). 51% weremales, while 49% werefemales. Forty nine percentof the people had prior workexperience with 18% havingpreviously worked with astart up.

To identify the factorsthat attract and those thatdiscourage individuals fromworking in a start-up,weighted average was used.Here the rating on the fivepoint scale given to eachstatement was multiplied bythe corresponding frequencyof that particular responsegiven to the statement. Thiswas divided by the totalnumber of respondents.

Peep into theperceptionsof millennials

Through the survey, itwas possible to delineate thefactors that are instrumental

in attracting people to start-ups and those that dissuadeindividuals from taking employment in theseorganizations.

The factors that attractmillennials to start-ups:Opportunity to get insights

An important factor cited by the respondents was theopportunity to develop in-depth knowledge about thebusiness. Start-ups usually have a simple structure withmultiple cross-functional teams. Everybody gets to work inmultiple domains. Only when the organization reachesmaturity, does the question of role specialisation arise. Formost people who have just started their career, the chanceto try their skills in all domains and then finally settle forone they are best suited is a great way to discover theirexpertise.

Use of niche skills

At a time when niche skills are sought after, the workingpopulation looks for a chance to exhibit these skills andimprove them further. Working in an environment thatprovides freedom to use technical expertise to scale up thebusiness is indeed a powerful motivator to join a start-up.



Attracting millennials to start-ups

One has to constantly useand upgrade one's skill toremain relevant in thecompetitive businessenvironment.

Recognition for individualeffort

One of the mostimportant factors was foundto motivate people to workwith start-ups was therecognition for individualeffort that one receives whenworking with a smallorganization. Typically, insuch organizations jobs aredesigned in a manner thateach individual's workcontributes to theorganizational outcomes in asignificant manner. Thesuccessful completion of atask enhances one's feelingsof self-efficacy. This alsoaddresses the issue of tasksignificance and taskidentity, increasing themotivating potential of a job.

Autonomy in decisionmaking

Many new ageorganizations do not impose

the same boundaries on employees that traditionalcompanies do. The rights and the power one possessesdepend on the qualifications rather than a diffuse, difficultto comprehend criteria such as seniority. This paves wayfor autonomous decision-making. The absence of red tapenot only provides an environment for efficient functioningof an organization, but also helps the individual learn totake independent decisions, build leadership skills bytaking responsibility and develop expertise in an area. Allthese skills sets are much in demand in the corporate worldand at the same time allow individuals to focus on theirneed for development.

Reasons that discourage millennials to work with start-ups

Though the learning in a start-up is exponential, noteveryone is looking for a challenging job. In India, whereregular and secure employment is difficult to come by, thepromise of a fat salary is good enough to attract top talent.In the survey, it was found that the single most importantfactor that stopped Generation Y from working with a start-up was the concern regarding the insufficiency ofremuneration and benefits that one would be offered by astart-up.

Concerns regarding compensation and benefits

Like all previous generations, millennials areconcerned about the pay and benefits they would get fromtheir job. Since most of the productive hours are spent inthe workplace, it is only natural to desire a well paying job.An individual's sense of equity would discourage one towork in a start-up, if the pay level is not competitive. Oncomparing oneself with one's counterparts in largerorganizations, one may find that those peers enjoy higherpay, greater level of job security and better quality of lifeby expending lesser effort at the work place. As oneobserves that tangible material benefits of working in astart-up are much lesser than those compared to workingin a large organization, one becomes less likely to acceptsuch a job.

Lessons for start-upsAny organization whether large or small, has to do its

best to attract talent if it is to remain competitive in adynamic environment. New firms find it hard to get thebest talent due to multiple reasons. However, brandingthe organization in a manner that appeals to the workpreferences of the Millennials can go a long way inbuilding an excellent talent pool for the organization,which can finally be instrumental in scaling the businessof the organization. Intrinsic motivation often acts as amagnate for talent. A job provides intrinsic motivationwhen an individual is applauded for his success, is able todevelop his capabilities and is provided with meaningfultasks that are in line with one's agenda of selfdevelopment. Including these elements in a job areindeed an economical way of maintaining a talentedworkforce.


BM

Many new age organizationsdo not impose the sameboundaries on employeesthat traditional companiesdo. The rights and the powerone possesses depend on thequalifications rather than adiffuse, difficult tocomprehend criteria such asseniority.


As an avid ChangeManagement Agent andCounsellor, I meet manywomen executives. Theycome to me in times of crisis,when they are confused, inconflict or in distress. Theyfind things going beyondtheir control at one point oftime and decide to walk intomy office. The situations aremore or less similar.

In one such instance therewas a young executive whohad just joined theorganization. Although shehad landed herself anenviable softwareengineering job, she reallydidn't want to take it. In factit turned out that she hadnever wanted to doengineering in the first placebut was forced to out of fearof her tyrannical father. Thismismatch of expectations

and desire ultimately rendered her feeling helpless anddisinterested in her job. Hence, instead of being able tofocus on her career and future, she started suffering frombouts of acute depression.

In yet another situation, an executive met me displayingbravado and wearing a "care-a damn" look on hercountenance. Soon the mask melted as she told me abouther inability to concentrate on her work. Her parentsrefusal to let her get married to a well-qualified person ofher choice was deeply troubling her. On probing further itbecame evident that the problem was not that she wasgetting married to someone of her choice, but that theparents were worried that the portion of her salary thatshe sent home to them would stop coming their way afterher marriage. She didn't know how to state what shewanted to do and seemed unable to break her umbilicalcord of obligation to her parents.

I recall another case of a budding young manager, tornbetween her duties as a wife & mother, and her career. Shesat in front of me and said all the "right" things that shewanted to say to her family, but was unable to conjure upthe nerve to go home and have an open conversation. Shewas unable to state what she wanted and negotiate forherself.

I remember a budding manager torn between her'duties' as a wife and mother and her career. How she satand said all the right things, but in the end, quit to be ableto take care of her family happiness. She was unable tonegotiate and state what she wanted. Time and again I havecome across situations where many women hesitate to askfor what they want - be it a raise, a promotion or simplysome "me time". The reason is very clear: theyunderestimate their worth.

Married working women have always juggled thedemands of their marriage, in laws, parents, society andtheir jobs. Quite a few tears have been shed in my presenceby them. Unfortunately, slowly but surely, unable to strikea balance, most of them stop aspiring and start makingcompromises with their jobs. Slowly but surely, stagnationsets in their career growth. Now add to that an aggressivedemanding boss! Trust me, it's a deadly combination!

So what's new? Working women have always been facingsimilar challenges. Then why is it that some women thriveand rise to the top and others succumb to the pressures and


WWoommeenn PPoowweerr

Don't underestimate yourself !

Working womenhave alwaysbeen facingsimilar challenges.Then why is it thatsome womenthrive and rise tothe top andothers succumbto the pressuresand demands oflife?What are thelife skills neededto forge aheaddespite thesechallenges andmore?

Kadambari Sethis Change Management Specialist & a Retained Counsellor at Altair, Bangalore


Don't underestimate yourself!

demands of life?What are thelife skills needed to forgeahead despite thesechallenges and more? Whatwill help the women fosterthemselves and feelempowered? What will helpthese women become futureleaders?

This is where the role ofan on-site counsellorbecomes very important. "A

counsellor provides a uniquehelp relationship in which theclient is provided theopportunity to learn, feel,think, experience and changein ways that he/she thinks isdesirable".Blackham

It is very difficult to finda friend who is unbiasedand non-judgemental, whowill provide strength andsupport and mostimportant, confidentiality!

A counsellor provides all that. What helps immensely isalso the fact that both the client and counsellor are faceto face. A lot of barriers are broken if it is a real timemeeting rather than a virtual one-this is my personalexperience.

I facilitate the counselee to talk about her desires,unresolved issues with an intention to help her face herproblems. Helping her to accept her feelings, attitude,limitations and goals, I encourage her to assess the impactof her actions. At this point, I help the client choose themost desirable alternatives of goals, attitudes, actions thatshe may need to imbibe. Once the choice of the most

appropriate action is made, I encourage her to make that apart of her Self, slowly empowering her with theconfidence to deal with adversities. As a counsellor, Iconsciously help them develop courage and take completeresponsibility for their success.

This attribute is extremely valuable to be able to becomecompetent future women leaders. A leader always leads byexample. An empowered and assertive leader will alwaysnurture other women executives to be like her. "One talltree does not make a forest. Unless trees grow to the sameheight, you cannot have a large grove. A true leader isdevoted to raising capable people to whom the future can beentrusted." Daisaku Ikeda


BM


Ideas do not have aplace for a womangenerally but peoplesay that it is changing.It must be changing if

they say so. But mostlywomen are shunned out ofthe domain of ideas andprisoned in the grid of roles,customs and traditions.These words sum up in anutshell the kind of feelingof resignation that markwomen's approach to work in

India. The cultural norms and family expectations are themajor impediment to career growth for women in Indiaand women entrepreneurship is not much to talk about.Though there have been exceptions but by and large Indianwomen still struggle to find their place in the sun when itcomes to entrepreneurship.

Some of the mindsets that women have and some thatmen have, which are conditioned by cultural nuances,influence the interactions between men and women greatly.But certain basic issues remain the same irrespective ofthe culture and these are the gender specific issues. Thedegrees may vary but the biases are there. Most of thesebiases are proved and driven by data collected and analyzedby the agencies over a period of time.

First let's look at the mindsets that influence thedecisions of women who venture into entrepreneurial andleadership role, according to the region they belong to. Inthis book we are not discussing why not if they aren't. Weare only dealing with the challenges and issues they facewhen they deal with men and how they could overcomethose.

My own experience with entrepreneurship has been fullof such instances wherein I have been reminded again andagain that why do I need to do what I am doing. Yet Mumbaias a city is much more accepting and encouraging towomen entrepreneurs as compared to any other part of thecountry. This is due to the fact that Mumbai is a city ofentrepreneurs, the Financial Capital of India. There aretwo kinds of women entrepreneurs in India who arerunning businesses that are maybe medium size and veryfew are running big businesses. These two kinds of womenare: those who come from big business families and inheritbusinesses, and those who are brave enough to do it on


The cultural normsand familyexpectations arethe majorimpediment tocareer growth forwomen in Indiaand womenentrepreneurshipis not much totalk about.Though, therehave beenexceptions but byand large Indianwomen stillstruggle to findtheir place in thesun when itcomes toentrepreneurship.

Breaking paradigms:Women entrepreneursbrave it all

Deepshikha SinghCEO, Literati, Mumbai


Breaking paradigms: Women entrepreneurs brave it all

their own. The challengesfaced by the womenentrepreneurs range fromlack of venture capital orbank funding to socialstigma that comes withbusiness networking.

Entrepreneurship wassort of accidental to me afterI quit a lucrative positionwith an education start upand decided to start on myown. I had no clue aboutwhat it was going to entail. Ijust did what I had done forthat start upthat I had helpedthe owner set up. And I havesurvived for almost six years.The growth has been organicbecause I didn't know anymagic formula. I just reliedon my own knowledge andinstincts, and while doingthat adapted to the businessneeds as I deemed correct.Given below is the list ofattitudes I faced while doingwhat I was doing:

- Oh …it is nice to seepeople like you cominginto learning anddevelopment. (An HRHead of a corporate)

- I can teach you how youcan run the business (abusiness owner in thesame commercialcomplex)

- Love the perfume that youare wearing.(fellownetworker in a businessnetworking event)

- Do you really make thatkind of money? (fellowwoman entrepreneur)

- Do you know about it?(fellow entrepreneur)

- What about your family?Where is your husband?(fellow entrepreneur )

- Do you have staff ?(Prospective client)

- You look too soft to run abusiness. (fellowentrepreneur )

These are the verbal onesand there are innumerable

non-verbal ones. Even your own women friends doubt as towhat you do and whether you are doing well, etc. The fact isliterally no one supports you except for maybe people whoare in similar positions like you or the people whom youemploy or the clients with whom you deal.

I had a VC visiting my office in the earlier days of myentrepreneurship. He was not impressed by my skeletalstaff. The only question he asked was "where are theothers"? I had no answer because despite lot of efforts Icould not find a co-founder, so I decided to carry on alone.He did not ask anything further because he felt I was just 'awoman' trying to do something big; as big as setting up anonline learning organization. The only online course thatmy company had must have been considered as a flash inthe pan.

The reasons that I could not find a female co-founderare, firstly, women were risk averse and they think small somy ideas were simply unacceptable for them. They wantedto be paid employees rather than become a co-founder. I donot blame them for this because the fact remains thatwomen in India do not have the financial muscles, so beingrisk averse or being insecure is not something that weshould not accept. Secondly, mostly all the women whoassociated with me were there to learn and start their ownsmall ventures from their homes. They were inspired byme and I am happy about it. Mostly women who aremarried look at their husbands for permissions to doanything and unmarried ones wait to get married andprefer secure corporate jobs. And then there was this thirdcategory of wives of rich businessmen, who wanted to dosomething that could give them some recognition; but assoon as they realized that entrepreneurship means a greatdeal of hard work and due diligence, they simply backedout. This was about the women and my futile efforts to finda co-founder.

Now why I could not find a male co-founder? When Istarted many people got curious from the educationindustry in India and I kind of got an instant attention. It sohappened that people who worked at highest levels in bigedu-corporates, approached me for associations a couple oftimes and very soon they found out that entrepreneurshipis tough. Another type of men who tried to associate withme tried long winded conversations to convince me thatthey would develop the business and I should focus onproviding classroom training; and for this they wantedhuge revenue. These people appeared from nowhere and Ifound this quite funny. After a couple of such experiences Istopped looking for co-founders because I realized that itwould never work out with me, given the huge egos thatmen from education industry possessed. An interestinginstance that I remember is when one such person, aftertrying his best to reduce me to the position of a trainer inmy own organization, sent me a text when he failed to doso. He wrote in the text that, "I was just trying to help youbecause you are a woman". His audacity shocked me andslowly I started avoiding such floating population ofbusinessmen.

My own experience can really summarize the kind ofchallenges women entrepreneurs face in India. The banks


My ownexperience canreally summarizethe kind ofchallengeswomenentrepreneursface in India. Thebanks ask forcollaterals, theVCs ask for co-founders andteam, the societyviews you withsuspicion and thefamily losespatience amidstall this.


Breaking paradigms: Women entrepreneurs brave it all

ask for collaterals, the VCsask for co-founders and team,the society views you withsuspicion and the familyloses patience amidst all this.

Yet things are actually notthat negative as they mayseem. It is all about you. Irealized it as I started gettingthe recognition from myclients and support from myemployees. Lot ofrecognition came fromoutside the country as mywebsite and my onlinemarketing efforts attractedbusiness from clients basedin the USA and some othercountries.

Therefore, in a nutshellone needs to understand, as awoman entrepreneur, one isnot 'at loss' in any case. Onejust needs to have thestrength to fight the attitudesalong the way as one strivesto achieve what one wants.

Here are a few tips thata woman entrepreneurcan imbibe during theirentrepreneurial journey:

Do your homework. Workharder than anyone thatyou meet. You shouldknow about everythingbecause knowledge ispower. Never compareyourself with anyone andnever idolize anyone. Youhave all of it within you,and you just need todiscover whatever youneed to grow. Do not thinkin terms of gender andweaken yourself. If youthink that men have it all,it may actually not be true,women have their ownstrengths which they needto grow and have faith in.Develop an appetite forrisk because if you do nottake risk you can't expectto gain anything. Taking awell-thought out financialrisk is a part of the game.Do the market study and

plan your strategies in phases. Do not rush. Always keepyour back covered. Remember slow and steady wins therace. Do not expect miracles overnight. At the same timedo not be too slow and cautious that by the time yourespond things would have already changed.Do not hesitate from networking because you need'knowledge' and you need connections. Do it all the timeoffline and online. But be careful with the ones who arein this, to waste your time. You need to really use yourinstincts to be wary of time- wasters and distracters,who will try to become your advisors for nothing.Basically you need to be very smart, suave and strongwhen dealing with people.Be adaptable with your plans by revising them becauserunning a business means matching the market pulseand requirements. In initial years one needs to change,may be slow down at time, maybe just hibernate at timesand at times go ahead like a blast. It happens if onerealizes the power within. Do not hesitate in going soloat times to keep your business alive because you are thebrand. And also do not hesitate to quit if you think thatyou are at the dead end.Life follows a zigzag route and one has to navigate usingthe right techniques for a better living and success. Whenone gives in anticipation for what one gets in return, the'giving' becomes a wasteful exercise and relationships donot thrive on the basis of such selfish motives. This isalso true for business relationships.(Excerpts from her book-The Entrepreneurial Outlook: Hacking Code of

Success - Published by Shroff Publishers and Distributors, Mumbai)


BM

Do not hesitatefrom networkingbecause youneed'knowledge' andyou needconnections. Doit all the timeoffline andonline. But becareful with theones who are inthis, to waste yourtime.



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Women

LeadersNiharika MohanTanvi ChoksiSaagarika GhoshalNamrata Gill TyagiNirmala Behera UdgataDivya JainSuma Poduval

Women HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR LeadersWomen HR Leaders Women HR Leaders Women HR Leaders




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NIHARIKA MOHAN, HR Director - India & South Asia, Schneider Electric, Gurgaon

Niharika currently holds dual responsibility as HR Head for Schneider's Sales & SalesExcellence Business Units for India, Sri Lanka & Bangladesh, and leads Schneider India'sDiversity Initiative, a key global strategic priority. She is also a member of the India HRLeadership team. Prior to joining Schneider, Niharika worked with the consulting arm ofHewitt Associates. She started her career with Smithkline Beecham.

Her Core Expertise are in Organisational Design and Restructuring, M&A Integration,Rewards Strategy, Change Management, Diversity and Inclusion & Talent Management.She is also a certified coach and trained in psychometric testing.

Mastering one's destiny through self-belief

Perhaps theturning pointcame whenfeeling the needto make a biggerimpact onbusiness I movedout of theRewards team totake up a businesspartnering role.Such opportunitiesand flexibility area big part of thebenefits ofworking atSchneider Electric.

It would not be an exaggerationif I said that my small townupbringing instilled in mevery early on that nothingworks like hard work. I grew

up in Jalandhar in a very close knitfamily and it was here that I learntthe values that decades later helpedme follow my professional dreams inDelhi, which although is bustling atthe seams can also make you ananonymous entity.

There is no substitute fordisiplined work just as there are noshortcuts in life, this has alwaysbeen my mantra. Work smartly, walkthe extra mile, contribute, take risks

and the results inevitably follow. With this beliefetched strongly, I have relentlessly pursued mygoals and hope that whatever success I haveachieved until now, is just the tip of the iceberg.

Pushing the BoundariesIn every endeavour, I believe one must

constantly push boundaries, while keeping the bigpicture in mind. It is also equally important tocontinue exploring new domains, value adding,developing insights, contributing to boost businessand simultaneously improve the working lives ofpeople.

After finishing my school from Jalandhar, Imoved to Delhi University (DU), doing BA Honoursin Psychology from Lady Sri Ram College. By 2000,I had gone a step further and completed my Masters(MA) in Psychology, also from DU. During the finalyears it became clear to me that human psychologywas my forte and by extension the domain ofHuman Resources, since I was passionate aboutpeople and intrigued by simple human behaviour.

It was a field that was increasingly becoming

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Mastering one's destiny through self-belief www.businessmanager.in

relevant in modern corporate lifeand if managed well, HumanResources has now come out of theshadows or rather small rooms inback offices to have an immenseimpact on business outcomes. Theright man/woman in the rightposition can make the differencebetween success and failure.

Before graduating I got a break inGSK (Glaxo SmithKline Beecham) asan Organizational BehaviouristTrainee. Working there betweenJune 1999 and May 2000, I wasdetermined to leave an impressionon my first workplace. Research on anew concept and developing apsychological tool to assessemotional intelligence of seniormanagerial staff was I hope adecent initiation into the field.These formative years will alwaysstay relevant for me since theyserved as a preparatory groundwhere I learnt the ropes about HR.

Thereafter, I moved to thesoftware industry, working withTata Consultancy Services for fiveyears as HR Business Partner(August 2000-March 2005), gatheringexperience in the multiple facets ofHR. This was the place where I gotmy hands dirty and exposed myselfto the different domains in HR. Butmost people thrive on newchallenges and since I am noexception, I then moved toCompensation and Benefits,working as Consultant (April 2005-April 2008) with Hewitt Associates.For me, it was a paradigm shift, fromline to consulting but something Itook on eagerly.

In today's constantly evolvingworld, to keep learning is a necessityand it was no different for me. InApril 2008, I joined the global MNC,Schneider Electric to establish theRewards Solution team. This was apersonal milestone for me since Iwas responsible for setting up thefunction and the next five years werespent stabilizing the division.

But perhaps the turning pointcame when feeling the need to make

a bigger impact on business I moved out of theRewards team to take up a business partnering role.Such opportunities and flexibility are a big part ofthe benefits of working at Schneider Electric, hereemployees are not constrained within a single role ifthey have the talent along with the right attitudeand are free to move into other domains inSchneider Electric offices.

These days I hold dual portfolios. As a memberof the India HR Leadership team, I shoulder thetwin responsibility as HR Head for SchneiderElectric's Sales & Sales Excellence Business Unitsfor India, Sri Lanka & Bangladesh, and alsospearhead Schneider Electric's Diversity Initiative- a key global strategic priority. Given the range ofSchneider's products and services, Sales isnaturally a pivotal function.

This yearning for new summits to scale,highlights my broad spectrum of experience indiverse HR practices over 17 years, which includesOrganizational Design and Restructuring, M&AIntegration, Compensation & Benefits, Change &Talent Management, and Diversity & Inclusion.

Addressing HRChallenges

The role of HR has today become pivotal in allbig organisations. Fast paced economicenvironment, sifting talent in the market makes itimperative for the HR professionals to constantly reengineer themselves to provide solutions to thebusiness which supports their needs. Some of thekey HR challenges these days across organisationsare :

All womenwhether they arejuggling or juststruggling to stayalive in this ratrace, continuebeing ambitious,have belief inyourself andcarve your owndestiny.

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Leadership Development andSuccession Pipeline: Buildingand developing leaders fortomorrow and ensuring that thesuccession readiness is rightlyassessed is one of the mostcrucial deliverables of an HRprofessional. This transcends theHR function to being the realstrategic partner to business.

Engaging a workforce which ismulticultural, multi lingual andmulti generational. To providepolicies, practices which arerelevant to that sub population isthe key along with ensuring allsections of employees areengaged and work in unison(leveraging their respectivestrengths) for the common causei.e the success of theorganisation.

Measuring HR effectiveness andproviding cost effective solutions:At a time where every dollarcounts, to provide solutionswhich are cost effective and stillefficient is a key challenge.Remarks regarding the role ofHR in the board room can onceand for all be put to rest when wecan show HR metrics whichdirectly impact business.

The last one which I will dwell ona little deeper ( its also an area ofpassion for me ) is genderbalance. It's a much talked aboutissue these days and a perennialproblem for HR teams intraditionally-patriarchal nations,including India. While an equalnumber of women graduate fromcollege there is a sharp decreasein the talent pipeline especially atthe mid management level.Although women continue tojuggle between work and home,organisations are increasingensuring that they provide anecosystem which is flexible andconducive to the women

employees. Development programs whichaugment the leadership abilities of workingwomen are a common practice acrossorganisations. When so much is being done forus, we as women have an equal responsibility athand to also contribute our bit and not misusethese benefits.

And here I would like to reiterate to all womenwhether they are juggling or just struggling to stayalive in this rat race, continue being ambitious,have belief in yourself and carve your own destiny.What also helps is to get your support structure inplace, have a mentor/sponsor at workplace, seekhelp, and let go of the desire to be a perfectionist inall your tasks. Instead leverage your own personalleadership style and enhance your skills at periodicintervals.

Speaking for myself, where my professionalcareer is concerned, I believe there are higherpeaks, more milestones and bigger challenges to beconquered in the years ahead. As Robert Frost oncewrote, "The woods are lovely, dark and deep, but Ihave promises to keep, and miles to go before Isleep".

Measuring HReffectiveness andproviding costeffective solutions:At a time whereevery dollarcounts, to providesolutions whichare cost effectiveand still efficient isa key challenge.

BM

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When I think over thecourse of my HRcareer thus far (nowmore than a decade),I can say with

certainty that there were distinctmoments in time that helped todefine and shape the course of mycareer. These were moments whichmade me think, challenge, and pushmyself ahead into becoming whatI'm today. One such defining momentwas way back during my time atTISS.

My wedding date was decided.One day, I walked up to my professor

to request for two weeks leave for my wedding. Hebehaved as if I had just told him that the world wasabout to end. He said, "This is exactly why I do notlike to take too many women into the program.They are not serious about building a career in thisprofession but only want to get degrees from goodcolleges to find better boys to marry." He went on tosay that I would never be willing to work throughthe remaining 1.5 years with sincerity and that I amwasting a seat for a more deserving student whowill make much more use of this opportunity thanme. I was not surprised at this reaction, given thestereotypical society that existed in the worldaround women.

I was brought up being taught that leadership isabout people being inspired by the vision that youstand for and at that point I was clearly standing tobalance my relationships, my responsibilitiestowards home and my aspirations towards mycareer. In that quest my family stood by me and Isuccessfully completed my MBA, ranked amongsttop 10 in my batch and landed a prized internshipwith Monsanto and later a job with Tata Motors intheir corporate office in Mumbai.

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TANVI CHOKSI, Director-HR, Johnson & Johnson Medical India &DiabetesCareBusiness Asia Pacific based in Mumbai

Tanvi Choksi is currently HR Director, Johnson & Johnson Medical India &DiabetesCareBusiness Asia Pacific based in Mumbai. An MBA from Tata Institute ofSocial Sciences, she has over 11 years of experience across various industries likeHealthcare, Biotechnology and Automobile and has partnered extensively withbusiness to deliver interventions in the areas of Organizational Development, ChangeManagement, Organization Restructuring, Mergers and Acquisitions as well as TalentManagement.

Find your breakthrough moments

I was brought upbeing taught thatleadership is aboutpeople beinginspired by thevision that youstand for and atthat point I wasclearly standing tobalance myrelationships, myresponsibilitiestowards home andmy aspirationstowards mycareer.

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Find your breakthrough moments www.businessmanager.in

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I worked with Tata Motors andMonsanto in the initial 2 years of mycareer and had the opportunity tolearn a lot of the HR fundamentalsof recruitment, talent management,campus hiring, business partnering,compensation & benefits. I took upchallenging assignments including arecruitment drive for the Nano CarOperations team (Then known as theSmall Car Project) which includedhiring 500 employees in 4 monthsand travelling extensively across thecountry for ensuring impeccableand timely delivery on this project.This challenging assignment taughtme how to work in a high pressureand ambiguous environment andwork through the matrix of severalstakeholders to deliver on yourobjectives. I then worked withMonsanto where I learnt quitequickly that to be a good HR partner,you need to think like the businessleader and contribute accordingtobusiness priorities. Therefore Ispent a considerable amount of timein the field meeting farmers andagriculturists to understand thechallenges faced by my businessstakeholders as they service thesecustomers.

It was around this time that myhusband and I decided to start afamily. Clearly priorities changed,my responsibilities towards my babyovershadowed every otherresponsibility in my life. But after allthe hardwork and perseverance I putthrough in my career until this time,there was an emotional battle that Ihad to go through in making a choicebetween putting my career on hold(at that time I thought for the longterm) and the well-being of my child.The choice was very clear. I resignedfrom Monsanto to take a few monthsoff and dedicated myself tomotherhood. As a couple of monthswent by and the child's dependenceon me was not fulltime, my familyencouraged me to find creativeoptions to pursue my aspiration inthe corporate world. It wasn't longbefore I found an opportunity to workwith Johnson & Johnsonin the HRTeam partnering with the

Pharmaceutical business with an agreement to work4 days a week and 4 hours a day. I was delighted tosee the culture and people at J&J and how amazingthey were in accepting and accommodating myworking schedule. They really made me feelwelcome into the organization and supported mefully as I started to learn about their business andstarted contributing to the organization.

My managers showed great faith and trust in mycapabilities and provided me with inputs andcandid feedback on my development. The focus wasalways on the quality of output and contribution tothe organization and not how much time you arespending at work. This made me work harder andcontribute more to the organization. What wasamazing about this was that I was able toexperience fulfillment both as a mother and a HRprofessional who was making a significantcontribution to the business. As my son grew olderI was able to take on a fulltime role with J&J. Aftera few years, I accepted an opportunity to movewithin J&J to the Medical Devices business. Thiswas one of the first moves across the enterprise inthe HR team and was a huge milestone in mydevelopment. As a BU HR lead for some of the unitsin Medical Devices, I contributed through severaldifferent roles within the HR organization in beforemoving into my current role.

People: From my manager to business partners to the

peers & friends have played a big role in my success.While working on areas of development isimportant, at my organization we encourageemployees to identify their areas of strength andleverage those to make an exponential impact to theorganization.

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Development: There are very good and holistic

processes which enable anemployee to focus on their owndevelopment. I was providedseveral opportunities to continuemy learning through exposure toglobal and regional (Asiapacific)projects, workshops whichfocused on building technical andleadership capabilities. This gaveme visibility to key stakeholders inthe larger organization which alsomeant an opportunity to createcareer sponsors for me through thisjourney.

Talent Mentorship: Senior leaders are extremely focused on

developing talent for the future. They spend aconsiderable amount of time on mentoring keytalent. I have benefitted through this by having theopportunity to work with world class mentors. Thekey learnings for me were "Own your owndevelopment, and be the captain of your ownCareer Ship" and "Focus on your long term careergoal, do not try to compete with others. What gotsomeone else to a certain role may not be the onlypath to follow, create your own path as your goalong and learn along the way."

To sum it up, as I look at my career path so farhaving confidence in one's own ability, leveragingthe opportunities that come your way and makingthe most of it(if you get lemons make lemonmeringues)& be open to non-traditionalopportunities.. The ability to reach out for support

and not try to be a superwoman has been a hugesuccess factor for me as well.

Fast forwarding to ten years later - thekey to these breakthrough moments was

an open mind, a willingness to trysomething new, exposure to ideas

and the opportunity to keeplearning and growing, andleveraging the knowledge of those

around me.

All of this would not havebeen possible without thesupport I received from myhusband, my son, my family aswell as managers, businesspartners & colleagues at workwho played a huge role inenabling my career andallowed me to not only focuson my career aspirations butalso focus on a healthybalance between work andlife. Through this journey ofthe last 11years Iunequivocallybelieve that,asa HRprofessionals it isimperative to be seen asanindividual whounderstands the business asmuch as any other businessleader and brings in theirexpertise on buildingcapability, nurturingtalent and bringing in the

right culture in theorganization. BM

Women

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An Engineer turned HRProfessional - the oddswere against me rightfrom the start. I couldsee people's eyebrows

go up every time I introducedmyself. It took as much energy tomake those eyebrows grow up inadmiration rather than shock, as ittook to build my career in anuneven battle field. While I would consider myself lucky that I chose HR as a career, wherethe gender balance is not aslopsided as it is in many otherfunctions, I knew I needed a strongarmor if I am to achieve my goal of

being the best HR professional in the world. WhileI still have miles to go, there are two key thingsthat have been real stepping stones to my career -

Magic lies outside yourcomfort zone

As women we are faced with unconscious biason the minutest of things, which gradually makesus hold back from things we are more than capableof doing. One word that helps you break free of thisbias is "YES". Yes to more responsibilities, yes totraveling, yes to longer hours and yes to moreexpectations. While the "comfort zone" optionwould have been to stick with the team that I shareda good bond with, where I had a flexible boss, lessertravel and more time at home, I pushed myself tomove out and gain newer experiences, which werefar out of that comfort zone. It is definitely like adeer blinded by headlights at first, but then the

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NAMRATA GILL TYAGI, Vice President, Corporate Human Resources,Dr. Reddy's Laboratories, Hyderabad

A post-graduate in Electronics from NIT Kurukshetra, Namrata gradually realized thather true calling was in Human Resources, which led her to pursue a career in thisprofession. In a career spanning over 15 years so far, she has worked in in ITC, Phillipsand Mahindra & Mahindra, before joining Dr Reddy’s as their Vice President HR.

At Dr Reddy’s, she heads the Corporate HR Function and handles areas which includeCompensation & Benefits, Performance Management, HR Technology and CampusEngagement among others, for a workforce of 20000 spread across 25 countries.

Known among the HR Fraternity for her passion for the Human Resource function aswell as for her boundless energy and unorthodox personality, she belongs to thebunch of people who successfully and relentlessly challenge the status quo.

Braving all odds

Namrata Gill Tyagishares her take onwomen HRprofessionals andthe significant andunique role theyplay in thecorporate world.She stresses onwomen's strengthsto be distinctiveand best-in-classHR professionals.

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magic begins - the battlefield haslesser mines and begins evening out,people value your opinions andsuggestions and leaders put theirfaith in you to deliver.

Never stoplearning

The most powerful thing you canarm yourself with is knowledge. Allmy life was spent reveling in circuitsand I suddenly found a passion forthe people management function -learning as much as I could became

vital for me to stand my ground. I spent enoughtime understanding the function thoroughly fromits foundation to its various nuances and moreimportantly, I grew as the function grew and itsmeaning and applicability changed - as it evolvedfrom a pure labor relations role to a businessenabler role. Another aspect to this is to learnbeyond HR, to understand the basic functioning ofwhichever business you support and thetechnologies associated with it. Learning is nevercomplete and it has an even bigger role as you moveup the corporate ladder.

These are two key things I would ask everywoman HR professional to think about. There aretimes when we might feel like we are not doing allwe can for one of our primary responsibilities - ofraising our children and managing our household,but the key is to be patient - over time I grasped thepower of organization and structure and theirhighly positive correlation to time and productivity.The more organized my approach, the more time Ihad to do things well, both at work and at home.

In today's context, with the start-up revolution inits full glory, people now more than ever arestruggling to remain engaged at the workplace. Aswomen HR professionals, I think we have asignificant and unique role to play here. It isimportant for us to reflect on our strengths such aspeople relations, emotional intelligence, resilienceand the ability to handle several things at once andthoroughly at that, and consciously hone thesestrengths to be distinctive and best-in-class HRprofessionals.

The most powerfulthing you can armyourself with isknowledge. All mylife was spentreveling in circuitsand I suddenlyfound a passionfor the peoplemanagementfunction - learningas much as I couldbecame vital forme to stand myground.

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SAAGARIKA GHOSHAL, HR & OD Practitioner, Bengaluru

Saagarika till recently was Board Member andDirector - Human Resources forMETRO Cash and Carry India. She is currently on a break.She has been listed as one ofthe 50 Most Influential HR Leaders in Asia and as one of the Next 30 Most powerfulWomen in Indian Business.An alumnus of Stanford, NMIMS andBanasthaliVidhyapith, is a HR and OD practitioner, diversity expert, an internationalspeaker, trainer and certified Director with an impressive HR track record spanningmore than 20 years across a spectrum of industry sectors that include Telecom,Financial services, Aviation, Media & Entertainment and Retail.

An enterprising leader



Iam a small town girl withmiddle class values by mosttalented parents. My mother isstrong-willed, hardworkingand purpose-driven while my

father (Bapi) was fiercely honest andextremely gifted human being. It isthrough their learning that thetraditions, values and legacy of ourfamily have been upheld. They havetaught me that a woman's instinctsand emotional intelligence can beharnessed in most positive way andwe seamlessly can manage crisisand change. It is because of thisupbringing that helps me being well-organized, spiritually inclined, well-balanced and keep my smile intact.

My father was a Banker and we moved citiesevery second to third year. I was born with wheelson my feet considering I had to travel with myparents for my studies, in my jobs and for holidaystoo. I did my schooling in BanasthaliVidyapith(Rajasthan) where other than studies I learnt horseriding, rifle shooting and flying an aircraft. I alsohad great interest in Kathak and HindustaniClassical. I was fortunate to move around for mystudies to different places and culture like Mumbai,San Fransisco, Jamshedpur & Dhanbad. Afterpassing out from NMIMS, Mumbaii startedworking with the Damania Group, I was fortunateto work with visionaries like Mr. Pervez Damania,Mr. Naresh Goyal, Mr. HV Goenka, Diwan ArunNanda, Mr. Suni Mittal and Mr. Anil Ambanibecause these gentlemen are immensely gifted andeach of them have a leadership quality which isunique and not to mention that all of them promotediversity and inclusion in their workplaces. Hadthey not been what they are me and many otherwomen would not have gotten the wings to fly. In myjourney I have met lot of confident men and womenwho have mentored me to become what i am today.

Only by beinggenuine andcompassionateone can win themind and heart ofyour people. Youwill make anexcellent HRprofessional if youhave the pulse ofbusiness andpeople and usethe power ofpositive influence.

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It's their mentoring that helped meimbibe some of the values that Iuphold today and has guided me inthis long journey. In my journey ofcharting my own path I found fewthings very useful to keep gettingbetter as I evolved as a person.

Coping mechanisms. At work orat home all of us have to tailor -makemechanisms to cope up with ourown issues. Finding the rightsupport mechanism is veryimportant for our own success.

Clarity of thoughts and action:Identifying who am I ? Choices Imake in my life are myresponsibility. Hence it is veryimportant to produce outcomes andnot excuses.

Investing in self: Whether it's anadditional degree or an imagemakeover or communication skills,it's a mandate to continuously keepyourself relevant. It's always good toseek feedback from mentors andwork on it regularly. Investing in myown future is very important for meand I have always planned and savedfor it.

Raising the red flag: It's noteasy to stand up and talk aboutharassment and victimization. Fightmight not be easy in the beginningbut it's worth it.

Beware of the silent killers of success: Firstis your own guilt- to be or not to be, is the biggestkiller one has to avoid. In today's time, taking timeoff work is not such a big deal so do take your callsdepending on your priority and life cycle. Second ismanaging others perception. Does it really matter?Enjoy and live life.

The pink leadership To climb to the top is tough for anyone but for me

the upward journey was far steep and I was alwaysthe only woman in my peer group. Today I feel safeto admit that I have seen the glass ceiling and biasesat every phase of my career and have also learnt todeal with it. In my own mind I am a leader in anorganization not a Man or a Women leader andgender aside, women leaders necessarily don't haveeverything in common. Each of us bring ourstrength, our inherent qualities and uniqueleadership ability to the table. Although researchsuggests how women are better than men atempathy - sensing the thoughts, relationshiporientation and multitasking abilities. However,there are also stories of women leaders who havebrought peace to troubled lands, while some havestrewn discontent. Some have been competent andbrilliant, others inept or outright corrupt. While allof us have our own productivity secrets, fewamazing women leaders like Dr. Indira Parikh,Hema Ravichander, Lynda Gratton to name a fewthat I personally draw inspiration from. They havestrong vision that enables them to be well-roundedprofessional and human beings. They can talkabout people issues and the financial markets withequal ease. They run the show both at home and inthe workplaces, they are superb in multi- taskingand highly collaborative. They recognize their ownrhythm and don't stop pursuing until the task athand gets done. They fearlessly stand for a causethey believe in .They are not afraid of trial anderror as long as they continue to build the resourceinfrastructure around them that gets them closertowards accomplishing their goals. They wouldrather be patient than foolish. They invest inthemselves and are knowledge seekers. They arefantastic in their jobs and rooted to their values.They extend their helping hand to all those who askfor help.

Ripple effect of Pink leadership is seen andorganizations are making innovative efforts to wootalent. Impressively the Corporate universe nowfavors leadership based on art of personalinteraction rather than on authority, we as womencertainly have a head start there, provided we keepourselves prepared to take on.

"I never dreamedabout success. Iworked for it." --Estée Lauder

That's exactlywhat SaagarikaGhoshal, formerBoard Member &Director - HumanResources, METROCash and CarryIndia believes inand her burningdesire is to be ableto contribute toeducation,employability andempowerment forwomen in my ownway.

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Being an HRprofessional

Let's face it !HR is still not themost sought after function and stillis very personality driven. It isalways about balancing betweenbusiness realities and peoplerealities though they are not distantfrom each other. But you always havethe opportunity to change lives tocreate a positive impact and that iswhere I have always concentratedand tried to contribute in myprofessional career. When I wasexposed to extremely strong unionsduring the start of my career Ifigured that only by being genuineand compassionate one can win themind and heart of your people. Youwill make an excellent HRprofessional if you have the pulse ofbusiness and people and use thepower of positive influence. I havealways liked to take risks andinnovated to create practices, toolsand process which are ahead oftimes. I do feel that the time hascome for complete reevaluation ofHR Function.

The reality check

It's true that we are not yet in a gender neutralsociety. Needless to mention about the surveyspointing out of women being underrepresented inleadership roles and pay parity still a huge issue inalmost every business sector. No matter what, thefact remains that it is women who has to balancebetween the biological and the career clock.

I also believe that it's a sure shot prescription fordisaster if lady is hired to fill a quota and not forher talent. Personally I would never like to be hiredbecause the position was reserved to enhance thegender diversity equation of the organization!Gender inclusion is more a business imperative andmuch needed cultural shift for many organizationsto survive. Hence shifting mindsets at theleadership level is becoming a prerequisite forsustainable businesses. Sometimes it's good tofoster dependency. Honestly even two individuals ofsame gender have to make adjustments whileworking with each other then it is absolutelynormal for men and women to learn to co-exist andcelebrate their coexistence because universe withone gender might turn out to be a horrible planet.

Solace is that there seems to be a positive trendand companies are opening up to inclusive agendaand more women creating Greenhouse effect in theBoardroom and elsewhere trying to break the socalled glass ceilings.

As they say behind every successful womanthere are confident and secure men and women! Iam also lucky to have an extremely supportivefamily, spouse like a rock and a daughter whomakes my life worth it.

It's true that we are not yet in a gender neutralsociety. Needless to mention about the surveyspointing out of women being underrepresentedin leadership roles and pay parity still a hugeissue in almost every business sector.

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NIRMALA BEHERA UDGATA, Head - Group HR,RSB Group of Companies, Pune

Nirmala Behera Udgata, Head - Group HR, is a graduate with Honors in Zoology andMBA in HR and Marketing. Her entire career has been with RSB Group and she hasbeen with this Group for over 17 years. Nirmala joined RSB Transmissions (I) Ltd as aManagement Trainee and now heading HR Operations manufacturing plants spreadover 7 locations in India.

Push your limit and take new challenge !



Being born and raised in acity which gave India itsfirst steel mill and amanufacturing plant,instilled the desire in me

to make a name in themanufacturing industry. Yes! I amtalking about Jamshedpurcolloquially also know as Tata Nagar.The first steel mill of India, the ideaconceived in 1904 and came to life in1912, is in Jamshedpur. The date 16thFebruary changed the life ofmillions of Indians and needless tosay some six decades later, mine too.

A commercial vehicle factory followed the steelmill in 1954. And by the time I walked on this earth,Jamshedpur had a matured ancillary base tosupport Tata industries. And being from a family,whose two previous generations had served thisindustry, my childhood was filled with stories ofTatas and other stalwarts of Indian industries andtheir influence on making India an industrializednation. When I look back now I can see the seed ofinspiration was sown at a much early stage of mylife.

After completing my Masters in BusinessAdministration I joined RSB's gear-manufacturingunit as a Management Trainee and later I was putin the Quality Assurance to assist theimplementation of TS 16949. My first big careershift came when I was offered to implement theERP System in the group. The knowledge I hadacquired in quality system came very handy in myability to handle IT system project. And in duecourse of time, I progressed to head the IT supportteam of the group. The biggest shift in my careercame in the form of a big challenge. After 4 years of

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work, the IT support team hadbecome self sufficient in addressingthe need of RSB group. During thistime, the Head of Corporate HRrequested to be relieved from hisposition, as he wanted to pursueother interest. This created avacuum in the HR function. The topmanagement wanted to find asuitable match for the post fromwithin the organization. And afterweeks of screening and deliberationI was proposed and questioned if Iwould be interested in taking up thischallenge. I requested a time of fewdays to assert my decision.

This proposal, though wasmorale booster, put me in a dilemma.

I had established myself in the IT function and withmaturing of knowledge of the team had made mywork a little more comfortable. And in my personallife, with my second child reaching a school-goingage, put strain on the time I could give in taking upa new challenge. The question kept coming in mymind; do I take this new challenge and mostimportantly do I have what is needed to head thisfunction? HR, as a function, differed from anyprevious function I had worked as it was morepeople-oriented. Understanding of people as well asorganizational behavior was a key in guiding thisfunction. During the sojourn of few days I hadrequested, I went into details of the function, thestructure, the systems and the demographics of thework force. Further, I also interacted with allconcerned with regard to HR and what they expectout of the function. And lastly, I interacted with topmanagement to understand what their vision is and

how they believe HR could contribute inachieving the vision?

My analysis of the function boughtsome clarity in my mind and also aunderstanding that I can harness myknowledge of systems and IT to bringabout a systematic change in the HRfunction. I wanted to shift working from apeople-driven function to a system-drivenfunction. With this in mind, I accepted thechallenge and with the support ofcolleagues, I chalked out a 3-year planwhich included implementation of IT inpolicy deployment, appraisal mechanism,training and most important talentretention. Now looking back in time, Ifind the opportunity that was disguised asa tough challenge, gave me the mostsatisfying years of my personal life.

My message to any woman, who isembarking on professional life, is to notget contented and satisfied with the levelthey have reached. Push the limits andtake up the next challenge. There isnothing more enriching and satisfyingthan testing your limits and pushing ithigher.

I would conclude with a quote fromMahatma Gandhi "Man often becomeswhat he believes himself to be. If I keep onsaying to myself that I cannot do a certainthing, it is possible that I may end byreally becoming incapable of doing it. Onthe contrary, if I have the belief that I cando it, I shall surely acquire the capacity todo it even if I may not have it at thebeginning."

I wanted to shiftworking from apeople-drivenfunction to asystem-drivenfunction. With thisin mind, Iaccepted thechallenge andwith the support ofcolleagues.

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DIVYA JAIN, Director, HR Advisory, Grant Thorton India, Gurgaon

Divya Jain is currently the Director of HR Advisory practice at Grant Thornton IndiaLLP. A Thought Leader in Strategic HR,Talent Management, Organizational Design /Development and Career Management space with 12+ years of experience spanningacross diverse fields, industries and organizations. She is a B.E. Computers from DelhiCollege of Engineering and MBA (Marketing) from MDI Gurgaon (2005).

Be the Peacock in the Land of Penguins



Human Resources as afunction is goingthrough interestingtimes... whileorganizations are

increasingly realizing the strategicrole it plays in driving overallstrategy and effectiveness of theorganization, yet at the same timeHR is not yet seen as capable enoughto deal with complexities today'scorporate world is characterizedwith!

This increases the multitude ofchallenges for the HR Leader,especially when she is a womanrepresenting the critical function!First and foremost, she has to makeroom for herself among the maledominated top brass, and at the sametime she has to prove that businessproblems are as hers as anyone else's

in that clan!

The typical challenges I have faced and I see HRleaders face in contemporary times revolve aroundfollowing core issues...

Proving your "Business" worth! It is quiteimperative for an HR Leader to be at par with aBusiness Leader in the organization- knowingpeople is not enough, you need to know howbusiness works, what works and what not andanything HR aspect is truly contextual to thebusiness at all times.

It becomes even more difficult for women HRleaders to do as, firstly, since there is clearly ashortage of women in corporate world's topleadership in businesses- Hence the understandingof a woman's point of view is as it is very limited -remember Men are from Mars and Women are fromVenus - this one fact actually comes to play quiteevidently at workplace too... 'Sadly, it limits womenleaders' ability to influence the male dominatedboards/ senior leadership clan to drive theiragenda and take decisions.

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Organizing andmultitaskingabilities havehelped me a lot tobe able tobalance betweenmy workplace, myhome and mydaughter too!


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Being in HR fraternity for longand having worked with variouskinds of businesses andorganizations, I can confidently saythat every time I stand up amongnew set of leaders, I have to establishcredentials on both myself as well ashow I have all round businessacumen apart from being just an HRAdvisor.

Being seen as a "Support"Function! Such a tagging for theentire function makes more sensefor a function like IT as NicholasCarr mentioned in his HBR articlein 2003 that "IT doesn't matter" - ithas become so ubiquitous to anyorganization's working that this is abasic hygiene factor these daysrather than a competitive advantage,and the lack / absence of it is morevisible than presence of it!

However, HR as a function can besegregated into the support and"strategic lever" roles- whileoperations can be the support part,managing talent is clearly core toany organization's strategy as talentcan be the only sustainable source of

competitive advantage an organization has/ canhave!

This is where the challenges for HR Leadersbegin...Whenever HR intends to drive strategictalent management - which of course involve a lotof change management and that calls for time /involvement of business, it is faced with questionsrelated to immediate business returns and whenthe same can-not be quantified, such initiatives areshunned by business leadership after being tagged"not so business critical".

I had an experience of working closely with avery successful organization- who wereforthcoming and progressive in building strategicHR- so long it was not directly affecting corebusiness and the leaders were not in the leastimpacted by HR's initiatives. As the things movedcloser to asking business leaders to question /ask/do/ change something... there was an immediateuproar from the corner room to leave businessalone and let HR keep working on the sidelanes...

Breaking away from the"Myopic"approach!More often than not, I have seen HR Leaders tofocus largely on activities than outcomes - They areso overwhelmed with day to day operational andcalendar-ized HR -- as the multitude and magnitudeof the same is quite high and all-consuming all thetime-that this results in their lack of focus onstrategic aspects of HR which connects with the

bigger picture.

Now, with womenHR leaders, this isquite paradoxical -with most of thewomen HR leaders, Ihave seen, they areso very wellorganized, focusedon achieving resultsand getting thingsdone- that thisquality tends to beseen as tacticalapproach ratherthan beingconsidered asresults orientation(which businessleaders love!)

In my ownexperience, till a fewyears back- my questto deliver the bestoutput withintimelines, I tended toappear to focus

Divya Jain shareshow womenleaders have anedge in thebusiness world asthey can bring inthe balanceamong the leftbrain thinkerleaders - as tosustain and grow,business need awhole brainthinking / problemsolving approachwhich is usuallymissed by malecounterparts!

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largely on things at hand... it wasthen I realized that my commitmentto work is seen more as my lack tolook at more strategic things - whileI always had eye on the largerobjective - it just that I wasn't able toproject the same in my day to daydealings... Having learnt my lessons,I just had to ensure that I am able tobalance between the biggerperspective and attention to detailsand today I am seen as one of themost strategic and consultedadvisors!

While listing all these challengesas above, I was constantly thinkingand amused that despite thechallenges being even more for usWomen HR Leaders, we are the onlyones who are best poised foraddressing them since the strengthswe have by virtue of being the fairergender...

Women are keener to learnand adapt! (A report by Edge HillUniversity in England showed thatfemales are more successful atsharing ideas and experiences witheach other and so learn moreefficiently than men). Because theyare constantly challenged - at work,at home, in society and in strive todo better... women have a higherkeenness towards learning andbeing able to change/ adaptthemselves better than malecounterparts.... contributes toshaping up and escalating thestature of HR function in anyorganization. This is the way HR canupgrade its business skills, getrecognition and participate instrategic decision making.

In my own professional life, myundying spirit to keeping learningand exploring new has helped meshape an all-round understanding,knowledge and experience thathelps me all time in my HR Advisoryrole. It has helped in a big way that Ibeing a computer engineer andmarketing MBA- spent my workingyears accomplishing diverseexposures ranging fromProgramming, ERPImplementation, Process

Improvement, Management Consulting, BusinessTransformation & Outsourcing to ChangeManagement , before I found my calling in HR!

While I'm not professing that everyone needs/has such varied experience, but the quest to keeplearning keeps (HR) leaders Agile enough as is theneed of today's VUCA world!

Women are more organized! Again throughvarious studies and my own experiences, I haveseen that women tend be more organized and adeptat multitasking in general as well as under pressuretoo- no wonder as they are successfully runningcomplex organizations called "Homes" since agesand hence they are now getting successful as HRLeaders too. Thus today's challenging times arecalling for more and more women leaders - not justin HR but in business at large- who can stay calmand take sound decisions instead of impulsive ones!

Such organizing and multitasking abilities havehelped me a lot to be able to balance between myworkplace, my home and my daughter too! Since Ihave to attend to all three with equal priority, I amalways required to prioritize, effectively delegateand empower my team and work collaborativelywith peers- my dependency on them has helped mebecome acutely thorough in my planning anddecision making- since I am ultimately responsiblefor the outcomes.

Women lead with heart! Again a virtuousquality that comes to women naturally, they areleaders who can bring in the balance among the leftbrain thinker leaders - as to sustain and grow,business need a whole brain thinking / problemsolving approach and having women in the topleadership team (as HR Leader esp.) does add acritical perspective which is usually missed bymale counterparts!

This is a work ethos that I'm proud of and moreoften than not, it has always helped me atworkplace(s)- this helps me connect with peoplerather quickly and also convince them of myconviction! Since the passion and sense ofownership with which I approach things, it is quitevisible and infectious too! I have been told this somany times on my face itself- and it has helped megetting people to align with my idea and persuadethem effectively.

While, I can go on adding to this list ofwonderful qualities that a woman upholds to makeher an obvious choice for an HR Leader and / or aBusiness Leader in today's VUCA world... I wouldlike to and wish the wonderful "Peacock" in allWomen (HR) Leaders there "in the land ofpenguins" all the very best to chart their own pathsusing their unique qualities!

Today'schallenging timesare calling formore and morewomen leaders -not just in HR but inbusiness at large-who can staycalm and takesound decisionsinstead ofimpulsive ones!

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SUMA PODUVAL,Head - Talent Acquisition & Talent Management,Hindustan Zinc Ltd., Udaipur

Suma Poduval is a Graduate in Electronics and Masters in Business Administration(HR) from Pune University. She has 17years' experience across the HR functionsin theAutomobile, IT, Manufacturing, ITES industry spanning MNCs and Indian Marketleaders.Her passion is implementation of strategic HR initiativesto enableeffectiveness of business functions.

In her current assignment,she heads the Talent Acquisition & Talent Managementfunction at Hindustan Zinc Limited, Udaipur. She has been aggressively driving theLeadership development initiatives both at the senior and middle management leveland is instrumental in the organisation restructuring initiatives at HZL.

The Unicorn



Am I successful? Is mystory - inspirational? Ireally don't know. Thereis no end to myaspirations and for me,

the definition of success is beinghappy and contended with life.

In the year 1991 when I was in my9th grade, - one day I was called onthe dais during the school assemblyto talk about my school, anunannounced extempore planned bythe school management. Unawareabout the motive, bubbling withenergy, I rushed on to the podium toshare my thoughts. Being an all-rounder with strong academicresults and in co-curricularactivities, the school managementhad shortlisted me for the SchoolCaptain role - Student of the Year.This was my first milestone - beingchosen as the School Captain-Kendriya Vidyalaya - Range HillsEstate, Pune. My academic pursuitstransitioned from graduation inElectronics to an MBA in HumanResource Management and a RankHolder from the University of Pune.Year 2003, I got married and like anywoman my priorities as a womanalso changed. After my daughter

was born, I experienced intense maternal instincts.I believe that it's important for a woman tounderstand, acknowledge and respect this stage ofbiological and emotional change within you. Onetends to yearn to work closer to home, so that onecan spend more time with the newborn; jointfamilies are a boon in this situation. I mustacknowledge that I always had a very supportivefamily. They are a pillar of strength, standing byme, at every stage of my professional development.

Soon I moved from the Manufacturing sector toShipping - Maersk Line was the next milestone inmy career. I joined as the Head HR for its GlobalService Centre at Pune. My career further advancedworking with the best- in- class companies. The bestpart about working in a structured HRenvironment was that their systems, processeswere well established and time tested. What I haveenjoyed most working with mid-sizedorganizations, is that opportunities are galore interms of implementing and testing new methodsand practices. While working with established andrenowned organization gives an exposure on how toaccept and acknowledge the processes and follow itstrictly by the book. The leadership qualities atboth such environments differ and it's necessary tosmoothly bridge the gap of expectations. The strongvalues imbibed in me, working with Maersk, havecontinued to guide me in my profession, even today.

As a leader, it is important to identify the rightsuccessor within your team and groom him / her

Plan your lifeahead in a morecontended way.Being happy forthe things youhave, being readyfor the futurewhich will unfold,and beingprepared to facethe uncertain turnof events in yourlife believes SumaPoduval. Here is apulsating accountof her life andcareer as sheemerged strongerand moresuccessful.

Women

Leaders


The Unicorn www.businessmanager.in

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well to take over yourresponsibilities. It is important togive opportunities to each of yourteam member and then choose theone, whom you can pass the baton to.This quality has helped mytransition in each of my careermoves.

My next stint was in theAutomobile sector - the Italian MNC- Piaggio. This organizationchallenged me to explore mycapabilities and strengths in the HRfield. Being responsible forrecruitment to PMS toCompensation & Benefit, Piaggiotested each of my niche skills in theHR field. The Green fieldassignment of Vespa Plant set upwith the right leadership in place,was both exciting and satisfying.

Nearly five years at Piaggio, lifegave us a beautiful gift - a newmember added in to the family -mysecond daughter was born. This timewhile joining Hindustan Zinc, Corp.at Udaipur the pastures were new, notonly the industry was different, thelocation too. This was a big turningpoint for me, as a female professional,whose family is established in a cityand where she has spent her entireacademic and professional career,making this choice wasn't easy.Sometimes people tend to delay theirdecision to move, presuming theirinability to justify in an interviewprocess. However, it is important todifferentiate and demand what youwant from your career. Changingcareers because you hate your job -don't make the mistake of confusinghating your current job with hatingyour current career. Take the time toanalyze whether it's just thejob/employer/boss that you hate, orwhether it's the career/skills/workthat you dislike. And take thedecision at the right time.

It is utmost important to planyour progressions well. The rewardsare good and so is your exposure.Each opportunity paved my way tobecome a better professional withmulti-locational and multi-culturaldimension.Some of the success ischaracter driven-the ability torecognize and fuel the fire in you.Maintaining success also takesstrategy, which is cultivated over

time through learned habits and systems thatencourage it. As Head Talent Acquisition andTalent Management, my challenge has been to hirethe best talent from the country, and responsible forthe talent identification, development andengagement at Hindustan Zinc. From a LeadersConnect Program for the Senior Management teamto a V Connect program for the budding leaders, wehave programs chalked out for every segment ofemployees. Life throws up challengingopportunities to everyone, but it is purely their ownactions, behaviors and approaches that make themsucceed.

One's initial career trek is more of being pushy,impatient and dissatisfied with every smallachievement and there is no end to this yearningfor more. More tasks, more challenges, moremoney, more achievements, more recognition, moreappreciation, everything more. But as one maturesand takes life in its stride, one realizes that therecomes a time when you need to sit back, andobserve and acknowledge the pains and gains oflife. Plan your life ahead in a more contended way.Being happy for the things you have, being ready forthe future which will unfold, and being prepared toface the uncertain turn of events in your life.

In these 17 years of my professional life, with anexposure to multiple industry work environments,certifications to my credit, I am ready to face newchallenges which life has in store. I have been luckyto have mentors from both my academic andprofessional life who have guided and coached me.

My Guru mantra for young womenprofessionals

1. Define your life goals. Write it or mail it toyourself. Maintain your daily diary to monitorthese goals.

2. Choose your life partner well. One choice gonewrong, can spoil your first mantra. Be patientand try and adjust to this important memberwith their extended members in your life. If youhandle this well, there will be more peace in youat your workplace.

3. Enjoy your job. Give your best to it and expectthe best in return for your efforts. Don't be toopatient to wait for the return. In case, it is notgiving you the desired results, make yourdecision to move.

4. Take time with yourself to enjoy and have fun.You need to have time with yourself to detox allthe stress at work and home. Decide whatactivity de-stresses you and ensure you arespending this valuable time.

5. Make learning important in your journey andensure to check your learnings every year. Joina course or read a book, but there has to be valueadd in this for you as an individual andprofessional.

My next stint wasin the Automobilesector - the ItalianMNC - Piaggio.This organizationchallenged me toexplore mycapabilities andstrengths in the HRfield. Beingresponsible forrecruitment to PMSto Compensation& Benefit, Piaggiotested each of myniche skills in theHR field.

BM

Women

Leaders



Are your learningprograms bringeffective change?

There has been atendency tocome out with alaundry list oftrainingprogrammeswithoutunderstanding thereal need of thebusiness.Conducting suchkind of learningprogrammes willonly result inwaste of time,money, effort andresources.

S. RamachandranVice-President -Human Resources,

CavinKare Pvt. Ltd., Chennai

The growth of learning and development practices, evolving at higherstandards across many industries and companies today, is helping theorganizations and their employees in achieving peak performance. Inorder to be competitive in the market place, organizations must provide arelevant platform for continuous learning (CL), sufficient opportunity for

applying the newly learnt knowledge and skill, thereby focusing on all rounddevelopment of people as well as for putting the organization in the growth orbit.There should be no limitations when it comes to facilitating learning opportunities tothe employees. As organizations evolve, throughout its journey, they would haveexperienced many successes by following several best practices. It is therefore, theresponsibility of the senior leadership and policy makers to recognise those practiceswhich led the organisation to success, if necessary, remodel them according to thecurrent business requirement so that learning and unlearning happen continuously.

At the same time, there should not be any hesitation to question the relevance ofold practices to modern requirements. Corrections can be made to the processes oreven get away with those practices which are not relevant, sharpening the thoughtsto today's changing needs.

A dynamic organisation will recognise the following and put them into practice :

1) The culture of continuous learning

2) Looking beyond traditional methods of learning

3) Using the power of technology to enrich the learning process

Two aspects of skills are very important for people to propel any organization'sgrowth. They are - Technical or domain expertise and behavioral change. Thetechnical skills programs allow an individual to obtain the necessary expertise


Are your learning programs bring effective change?

relating to the field of workincluding the re-skilling sothat the individual willbecome fit enough toperform the job to thehighest levels of expectation.However, behaviouralchange is very important.Behavioral change whichtalks about the right attitudewill help the people to usetheir fullest potential withall the enthusiasm, energyand passion in such a waythat the individual enjoysperforming the task and isengaged completely.

There are Three sourcesfrom where Learning comes.They are,

1. Traditional Learning byreading books, attendingclasses

2. Learning from one's ownexperience and fromothers' experiences

3. Learning from sharingthe learning with others.

The source of learningand the method will changedepending on the content,context, learning capacity ofthe team members andorganisation's need. It hasbeen a proven fact thatexperiential learning is apowerful way of acquiringskills. Therefore,organizations can putgreater emphasise onlearning from other'sexperiences and alsoencourage employees toshare the learning withothers. It is also a goodpractice to make compulsoryfor the senior leaders andmanagers to take formalsessions of learning to theirteams and also to crossfunctional teams. This way,they get an opportunity tosharpen their knowledge aswell. They also earn therespect and credibility of theteam members. Allorganizations will haveabundance of experienceand expertise available

within which if channelized and utilized properly, willbring immense benefit to the teams.

There has been a tendency to come out with a laundrylist of training programmes without understanding thereal need of the business. Conducting such kind oflearning programmes will only result in waste of time,money, effort and resources. Therefore, it is advisable tofirst understand the need of the business by consulting anddialoguing with the business leaders so as to know whatskills people lack, what kind of new technique to be learntand what knowledge that may be needed for the future.With this understanding of the Learning needs, relevantprogrammes must be designed taking into account,Learning Objectives, Learning Application expectations,the Business Impact expected and finally what will beReturn on Investment (RoI). Hence people should bediscouraged from attending any training programmewhich will not bring any direct benefit to the individualand to the organsation.

Younger generation workforce, expect faster andquicker ways of learning. This necessitates the "Learning-on-the-go". With the technological and communicationadvancements, this method of learning is gainingmomentum. Video Based education programmes arebecoming popular and convenient for learning, for, theyoffer obvious advantages, thus making a radical shift fromthe traditional class room programmes. These video basededucation content, will also have sections of Tests.Learners are forced to take the test at the end of eachsession and secure a permissible score before allowingthem to proceed with the next session. This will ensurecomplete understanding of the content by the learner.WhatsApp is used effectively to upload videos of shortduration.

Apart from the technical education programmes,organizations must look at extensively conductinglearning sessions to focus on the culture, values and alsoon expectations. Making effective use of MOOC (MassiveOpen Online Course) is a prudent way of spreading theContinuous Learning culture. Relevant topics can beidentified by the employees. Managers can ensure theycomplete the learning.

The effectiveness of learning programmes must bemeasured with the right measurement metrics. It isimportant to facilitate and support the learning for peoplethrough training. It is also equally important that theeffectiveness of the training is measured through rightindicators so that the time, money, effort and energy thatare spent on training programmes are justified.

Some of the measures include Perception Index (PI),Effectiveness Evaluation Criteria (EEC), QuantifiedBusiness Impact and RoI. A formal audit is recommended toensure the objectives of the Training programmes are metand the participants find these programmes useful toimprove their skills.

The fundamental expectation of all the Learninginterventions is all such learning must result in rightbehavioral change resulting in better performance of theindividual and therefore of the organization.


BM

Youngergenerationworkforce,expect fasterand quickerways of learning.This necessitatesthe "Learning-on-the-go". With thetechnologicalandcommunicationadvancements,this method oflearning isgainingmomentum.


www.businessmanager.inC

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Dr. Sunil Kr. KapoorProfessional, Certified and Practicing Coach, Gurgaon

Coaching seems to bethe new axiom incorporate world.Professional coachesare pouncing up in

huge numbers and in variousareas and perspective. Thesepeople come from a range ofbackgrounds for instance, HR,Training, Psychology andSports and have differentcontexts, approaches, methodsand styles; however the purposeremains almost the same.

It's said that Coaching is anincreasingly popular tool forsupporting personaldevelopment to attain thedesired outcome. In a recentsurvey conducted across Europeand USA, 74% respondents inthe Learning and Developmentsurvey reported that they nowwidely use Coaching in theirorganizations. It's remarkablethat 64% offered coaching to allemployees whereas 36% offeredCoaching services to Directorsand senior management.

Coaching - What makes iteffective

It is important to understandthat the coaching discussion isbased on the Coachee's agendaand needs, not the coach's wish,opinion or priority, as its onlyabout Coachee. It requires anhonest, trustful and openrelationship between the Coachand the Coachee, where thecoach is supportive andencouraging.

The key characteristics ofcoaching are:-

To be performed one-to-oneTo help the Coachee todevelop d achieve the desiredoutcomeTo allow the "person being

Coached or Coachee" to gain self-awarenessand insight rather than directly telling oradvising or guiding or provokingTo help the individual achieve specific goal(s)and is directed towards that onlyTo address a wide range of concerns

The aim of coaching is to develop awarenessand responsibility in the Coachee through aprocess where he or she comes to recognize thebest suitable series of actions to take in order tomove forward. The Coach, therefore, tries to avoidgiving direct advice or offering his or her ownsolution and, instead, ask a series of powerfulquestions to bring-out the thoughts and multipleprobable possibilities of actions by the Coachee.

One of the most popular models used tostructure coaching is the GROW model practicedwidely by Coaches world-wide, its process standsas:-

Goals-what do you want to achieve?Reality-what have you done so far? What hasbeen the result?Options-what alternatives are available?Way forward-what are you going to do?

GROW model underline the idea that coachingis based on establishing clearly the desiredoutcomes and leads to actionsrather than justthinking and planning, to discover that theCoacheeis sincerely committed to attain those -desired-n-specific outcomes.The absence of directadvice draws a line which makes coachingdifferent from other forms of developmentactivity, such as Mentoring, Counseling, Guiding,Training and/or Educating. In mentoring, oneperson/mentor passes on knowledge or sharesexperience to another person/mentee.

The primary aim of Coaching is to developawareness and responsibility in the Coacheethrough carefully placed powerful questions. TheCoachee is facilitated to develop goals and ensurethe best way forward to achieve them, may bereviewing past performance in the process.

The concept is that, by way of this thoughtprocess, the Coachee will foresee solution(s)whichare positively relevant and realistic becausethey have originated from the Coachee himselfand have not been imposed by anyone. The personis also likely to be more confident, sincere and


Coaching in your workplace

committed to take thespecificand planned actions.

The benefits for theCoachee can be:

Higher motivation andcommitmentEffective decision makingClarity of goals andobjectivesBetter self-awarenessBetter ability to deal withchangeImproved ability to workindependentlyGreater sense ofresponsibility, e.g. for owndevelopmentFinds certainty inachieving defined-n-desired outcome

The organization hasobvious several advantagesby having motivated andcharged employees,committed to achieving cleardefined goals and targetedperformance. There shouldbe higher, faster andaccurate outcome and moreself-reliance employees, withalmost no supervision bysuperior(s).This can beparticularly helpful inorganizations whereemployees are spread atdifferent work location,offices or site and need to beable to work independentlyand to be self-motivating.

Coaching can be used tocomplement other trainingand development activities-n-programs. It can be used tofollow up training programsand help participants toimplement their learning.Since learning throughtraining/courses gets dilutedas soon as the person returnsto work. Using coaching toensure the transfer oflearning can significantlyincrease the ROI in training.

Problems of coaching inthe workplace

Coaching involves adifferent relationshipbetween Coach and Coachee

than exists in the usual management structures found inmost organizations. In some cases, organizations will asktheir own managers to coach, rather than bringing inexternal coaches. This can cause difficulties but, if theorganization wishes to develop coaching as thepredominant management style, then these issuesneed tobe addressed and a solid program be developed.

Both parties may be practicing the traditionalmanagement style and role, expecting the manager to solveproblems or tell the other person what is appropriate andmay have problems changing to the new relationship.There may be non-acceptance by both parties.Even if themanager is ready to adopt the new approach, s/he may lackthe essential skills to coach effectively and may needfurther training.

The key skills and attributes of an effective Coachinclude:

Ability to listenAbility to ask powerful questions and lead the Coacheetowards awareness and actionAbility to empathizeAbility to be non-judgmentalAbility to give indirect advice, guidance or training sothat the Coachee develop his/her own optionsAbility to build rapport and trustAbility to encourage and supportAbility to see different perspectives and viewpointsAbility to be constructively Challenging

It's established that the coaching relationship rest onopenness and trust between the Coach and Coachee.Furthermore, the conversation should be to its entiretyfollow the coachee's agenda and not of the Coach.

These preconditions can be difficult to have in theworkplace, especially where the manager has double role ofcoaching and another of line supervisor for the Coachee.This can mark a dent of trust and openness. It's observedthat there may be limits to determine the agenda by theCoachee as the organization itself may have clear andstrong expectations in terms of performance andacceptable actions from Coachee. The organizations canaddress these problems by separating coaching from otherareas of functional areas, for instance, making sure thatCoaches are not also the line managers of those Coachee.

By defining the boundaries of the coaching sessionsthat take place they can also try to create a CoachingCulture by establishing that coaching takes place across theorganization and at all levels, functions, and locations. Itshould not be treated as a remedial approach forunderperformers or sticky employees. The Coachingactivity must be recognized at par with other valuesmanagement approaches.

Coaching is now extensively practiced as a normal andregular corporate culture. It has surpassed the stage ofbeing the new trend or tool and has accepted by manybusinesses as part of their management and developmenttools. However, the success of any coaching primarilydepends on the expertise of the Coach and the degree ofunderstanding about Coaching in the organization as whyit's introduced and envisioned to achieve.


BM

The organizationhas obviousseveraladvantages byhavingmotivated andchargedemployees,committed toachieving cleardefined goalsand targetedperformance.


For a lot of people,"who they are" isdetermined by the"work they do". Inother words, their

'work' determines their'identity' and defines them.Am sure you would havenoticed or observed this ormaybe you are also in thesame boat. Whatever may beyour experience, it isimportant to take cognisanceof this, especially since thedrivers here are external.The 'relational identity' ofhow one is known by thesociety or the world at large!

I have been reflecting onthis for a while now as Iwitness people, theirbehaviour and alsosituations shared orencountered by friends andfellow professionals.

Are you also sufferingfrom 'The Calling Card'syndrome? I coined this termlistening to experiencesshared by numerous peoplefrom different walks of life.Let me recount some of theseexperiences to explain thenuances of this bug that hasbitten quite a lot of people.

A 'Calling Card' in otherwords is a 'Visiting Card' or a'Business Card' which hasyour name, name of thecompany, logo anddesignation (if applicable),address, email id, contactnumbers-landline, mobile,etc. While organizationshave their own standardformats approved by theCorporate Communicationsfunction, entrepreneurs orfreelancers can get verycreative with themdepending on what they aretrying to convey through thisCard.

Extending the logic ofwork determining one's

identity, the 'Calling Card' works as the 'identificationmark'. Drawing a simple parallel, while making a newpassport or renewing one, the passport application formasks for your 'identification mark' and is sometimes alsocross-checked by the official during the personal interviewat the passport office. Similarly, have you participated in aseminar or conference where the first thing a fellowparticipant asks you or hands over to you, either before orafter shaking hands, is the so called Calling Card?

In fact, the need and demand for The Calling Card startsfrom the Registration Desk of the conference/seminar. Youwould find a bowl kept where you would be requested todrop your 'Business Card' in spite of having registeredonline or via email. Then, during and after the 'Networkingover Tea'...you will find people walk up to you to meet youwith their Calling Card and asking for yours in return.While some seem to be in a card collecting spree, otherswould only give it out to people selectively. The commonexcuse would be "I forgot to carry mine" or "I have run outof cards". Post the event, you will find some people wouldreligiously use the card and send you a Thank You or afollow-up mail, others would either trash most cards orhand them in to their assistant to organise for the purposeof sending Diwali Greetings or Seasons Greetings.

So, just as an email id in today's times is your virtualaddress and identity, the Calling Card has been known forone's identity since a long time, especially in theprofessional domain. What irks me basis all theexperiences shared by people, is that one's value increasesor decreases basis the Calling Card you possess. If you'reemployed by a Corporate, your value is directlyproportional to the Name and Brand of the organizationand your designation. The more known the company andbrand, the bigger, fancier your designation, the higher yourvalue in the eyes of the fraternity or audience. Isn't thisbizarre?

Is one's worth and value appended/ reduced based onthe Calling Card you carry? What about all yourachievements, accomplishments, experiences which arenot depicted through the Calling Card? Does one demeanoneself or doubt one's self worth in the absence of one?Have our standards and measures of success become sohollow that we dismiss "the person" and "their experiencesover the Calling card. For most entrepreneurs andfreelancers, the Calling Card is their creative expression ofthe expertise they possess, including the logo, name oftheir firm; so it is with pride that they create and carry thisidentity. However, for people in the CorporateEnvironment, it seems like demonstrating an act of oneupmanship and getting the better of others.

Just as work is only a subset our life's identity, theCalling Card becomes an integral part of our work identity.It is unmindful to use it as a barometer to measure and tryto judge a person in a limited sphere. Here's for us to pauseand think, if we are "missing the woods for the trees"!


The Calling Card SyndromeAparna SharmaIndependent Director- T.S Alloys Ltd. (100% subsidiary of Tata Steel) & Author of "Reality Bytes- The Role of HR in Today's World", Mumbai

Just as work is onlya subset our life'sidentity, theCalling Cardbecomes anintegral part of ourwork identity. It isunmindful to use itas a barometer tomeasure and tryto judge a personin a limited sphere.Here's for us topause and think, ifwe are "missingthe woods for thetrees"!

BM



By Prof. Arup Varma Loyola University, Chicago Column

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As I write this piece, I am sitting in myverandah in a beautiful and peacefulresort in Magelang,Indonesia. I spent thelast two days visiting a couple ofamazing historical and cultural sites. Onthe first day, I visited Borobudur, the 9th-century Mahayana Buddhist Temple.Yesterday, I visited another veryimportant historical and cultural site --not far from the first one -- Prambanan,the 9th century Hindu temple, dedicatedto the Trimurti - Brahma (the Creator),Vishnu (the Protector), and Mahesh (theDestroyer).

As one walks through the two templecomplexes, exploring the intricate artcarved into stones some twelve tothirteen centuries ago, one can't help butmarvel at the hands that created thesemasterpieces. At the same time, one hasto also wonder at the management ofthe human resources that were involvedin working at these magical mountains.Let's think about what might have beeninvolved in getting these projects off theground (in a manner of speaking), andcarrying them through to completion.First, almost all the so-called "tools" thatwe so desperately rely on, in order tomanage people, were developed withinthe last one hundred years. So, obviously,the folks managing the people workingon these projects did not have access totraining manuals, performance appraisalforms, sophisticated software programsor fancy computer hardware. For thatmatter, they did not have paper or anyother storage or reproductionmechanisms. And yet, they managed toproduce some of the greatest art theworld has ever seen.

Several questions come to mind - howdid the King (or, leader) convey his/hervision of what s/he wanted produced, tothe lead engineer? How did the engineerand his/her team visualize the scale andscope of the project? Who produced theblueprint(s) and how? On whatmaterials? How did they work out the

Bring back 4 C's implementation

specifics? How did they ensure that everyone was visualizing thesame final product? As one walks through the various levels of thesetemples, exploring the stories told on the intricately carved panels, itbecomes clear that these projects depended on extremely high levelsof cooperation, collaboration, coordination, and communication.

It is clear that the 4 C's played a big role in helping move theseprojects from inception to completion. Let us for a moment thinkabout the time these projects often take. According to estimates,some of these temple complexes would have taken between 30-40years to build.Given that low life spans of people in those times, howdid they ensure continuity? For that matter, how did they make surethat the original ideas were transmitted to future generations ofworkers and their 'managers' exactly as intended, so that theexecution of the projects was faithful to the original of the King whocommissioned the projects?

Finally, given that we are talking about getting people to work onsmall parts of big projects for really long periods of time, how didthey ensure that people stayed motivated? Without a doubt, manyof those who worked on these projects probably knew that theywould not ever see the finished product, and yet they combined tocreate exquisite art on stone! What was it that drove everyone whowas involved in these projects?

In this inaugural piece for my column, I have raised a whole bunch ofquestions. While the questions are clearly complex and seem to defyeasy answers, I am going to go ahead and do just the opposite - I willtry and offer a simple response. As I noted above, the 4 C's[cooperation, collaboration, coordination, and communication] arethe basis for all successful management. Specifically, everyoneinvolved in a project (i) must work together, (ii) towards a commongoal; and one or more peoples (iii) must be responsible for bringingthe different elements of an activity into a relationship that ensuresefficiency. And all of this has to be done (iv) through communication- more specifically, through verbal communication! After all, thetape-recorder was not invented for several centuries after theseprojects were completed!

So, what is the lesson here for all of us struggling to deal with humanresources and lamenting the fact that we don't have all the tools weneed to manage? We don't need any of those tools - not the complexcompensation policies, nor the performance management systems,nor the software or hardware. What we need is a clearunderstanding of the task, and then we need to go aboutimplementing the 4 C's. The tools and just that - tools to be used tohelp manage, and they cannot replace the management skillsrequired!

We have repeatedly heard about the importance of communication,and yet it is one of the most difficult arts to practice. I am adding the3 more C's to make it clear what it is that we need to communicateabout, so that it is easier for managers to manage.

From this issue onwords Dr. Arup Varma will present his unique take on the HRfunction in his column titled "Putting the Human Back in Human Resources.Having 30

years of experience in the HR field, Dr. Verma has been a Professor of Management theQuinlan School of Business, Loyola University Chicago, since 1996.

BM

Q. With the objective of motivating employees andincrease productivity and production,we proposeto formulate production incentive scheme in ourfactory. Can you please suggest what points shouldbe kept in mind while rolling out an incentivescheme away from legal flaws?

Ans. Existence of production incentive scheme is notnew to the business world. Incentive scheme hasbeen proved to be an effective tool to increase theproductivity as well as motivation of the employees.It also gives a sense of sharing monetary gains withthe organization for the extra out put.The concept ofincentive scheme should be based on the concept ofwork more - get more.While formulating an incentivescheme you need to keep in mind that it should befor more work beyond the norms and norms are tobe decided first. If production goes below norms,there should be no deduction of wages. Schememust be self speaking and formula should betransparent forming basis of the incentive paymentsand it should be directly linked with the productivity.Extra amount payment should be in proportion toextra work by individual employee, which can varyfrom quantum of extra work done by person toperson. It is not necessary that incentive paymentshould be equal and uniform to all because if extraout put of individual workman is measurable, itshould be variable on sliding scale.

There may be a situation where it is impossible tomeasure single workman out put. In that conditionthere can be a collective measurement and extra output payment can be distributed equally among all(group or section). One unit production has to beconsidered as co-operative effort is the concept inthe situation. Scheme should not speak or smell ofcompulsion of extra out put by employees. Also itshould not become term of contract of employmentand may be withdrawn unilaterally at any time bythe management of the company. However, paymentof production incentive has always been a point ofcontroversy for the purpose of payment of ESI & PF

contribution on such amount. Kerala HC in the caseof ESIC vs.Traco Cable Co. Ltd., 2011 (128) FLR 656 hasheld that payment towards production incentivepaid to employees within a span of two months willbe deemed as wages but if the same incentiveamount is paid on quarterly basis,then will notattract ESI as held by SC in the case of Whirlpool ofIndia Ltd. vs. ESIC, 2000 LLR (431). As far as PFcontribution on incentive amount is concerned SC inthe case of Daily Pratap vs. RPFC, 1999 LLR (1) has heldthat production bonus if not linked withproductivity, will be deemed as ‘basic wage’ for PFcontribution. So, sufficient care should be takenwhile drafting any such scheme.

Q. Ours is an IT company having head office inMumbai and branch offices all over India. Our headoffice is registered as commercial establishmentunder Bombay Shop Act. I am confused, whetherstanding orders provisions under IndustrialEmployment Standing Orders Act are applicable onour company? If not, how we should enforce servicerules of the company? I seek your expert opinion.

Ans. In your case, since your establishment isregistered under Bombay Shop Act and Sec. 38B ofthe said Act makes Industrial Employment (SO) Actapplicable on the establishments registered underthe Bombay Shop Act, this Act is applicable on you asif it is Industrial Establishment. So you can very wellget your Standing Orders certified under the Act.Youcan also cover your all employees located in differentbranches under the provisions of the same StandingOrders.While preparing the draft for certification ofStanding Orders you need to ensure that definitionof the employee / workman covers all employeeslocated / posted in all branches of the company.

Q. In our certified Standing Orders we have clauseof one month notice or pay in lieu thereof if anemployee on probation is to be discharged. But inthe appointment letter it is said that an employee


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Whileformulating anincentivescheme youneed to keep inmind that itshould be formore workbeyond thenorms andnorms are tobe decidedfirst.

on probation during the period can be discharged atany time without any notice or pay. We want todischarge a probationer. Should we go by the termsof appointment letter which he has signed andagreed or by the provision of the certified standingorders? Management is of the view that probationershould be discharged without any notice or pay.What is your expert opinion?

Ans. In this situation provision contained in thecertified standing orders will prevail in case of itsconflict with the terms and conditions contained inthe appointment letter. Certified Standing Ordershave the binding force and against them terms andconditions of appointment letters even if agreed bythe employees do not have any compelling force. SCin the case of Western India Match Co. Ltd., 2007 LLR(247) : 27 FLR 228 and Rajasthan HC in the case ofEicher Gooderth Ltd., 1993 LLR (524) has held that insituation of conflict, provisions of the certifiedstanding orders will prevail. So you should follow theprovision of certified standing orders and dischargehim by giving notice period or pay in lieu thereof.

Q. How many working hours can be in a day(including break) in factory under Factories Act?

Ans. Maximum working hours in a day includingbreak can be of 9 hours and 48 hours in a week inroutine. Duty hours are to be so arranged thatworkman get at least 1/2 hour rest after continuousworking of 5 hours maximum. In case of urgentrepairs of factory equipments/ machinery, factory isexempted to get work from workmen to a maximumof 10 hours in a day.This exemption also applies onwork performed for attendingengines/boilers/generators/electricmotors/electrical/mech. lifts

Q. What is compensatory off and how it differs fromweekly off under the provisions of Factories Act?

Ans. Compensatory off is a holiday given to workmanis lieu of weekly off. In case Govt. exempts any unitfrom Sec. 52, and due to which workman is deprived ofhis weekly off as directed under Sec. 52, he will beentitled to compensatory off, which has to be given tohim within the month in which holidays were due tohim or within 2 months immediately after that month.

Q. To be away from all biases, management is of theview that after conducting the enquiry in case ofmisconduct committed by an employee,if chargesare proved, enquiry officer should also be asked topropose the punishment. By this, managementwants to prove that they were very much neutraland independent in the matter and they have onlyacted on the recommendation of the Enquiryofficer. What do you say? Will it be valid and properto ask enquiry officer to propose punishment also inthe enquiry report?

Ans. No! Neither enquiry officer should be asked bythe disciplinary authority to propose punishment, norcan the enquiry officer himself do this.The scope ofthe enquiry officer is limited to give his findings in the

enquiry report on the basis of the documents /evidence produced before him by the managementrepresentative and the delinquent employee.Principles of natural justice and law of disciplinaryproceedings developed over the time based onvarious judicial pronouncements do not permitenquiry officer to propose / recommend anypunishment against the employee. Karnataka HC inthe case of Ningaiah vs. Cauvery Gramin Bank, 1995 LLJ(389) has held that the power to frame charges,initiate or dispense with the holding of the enquiryagainst the employee and inflict the punishmentvests in the disciplinary authority and no one else. SCin the case of Maharashtra State Seeds CorporationLtd., vs. Haridas (2006) LLR 376 has also held thatenquiry officer has no power to recommendpunishment upon an employee.

Q. In our office few employees are paid salary equalto Minimum Wages. As per wage structure of thewhole organization, wages of all employeesincluding these few ones are bifurcated into basicand various allowances. We have practice of payingall benefits only on basic pay including Bonus. Myquestion- is it proper and legal to pay Bonus onbasic only?

Ans. No! In the situation paying bonus only on basicwages where the employees are getting MinimumWage will be illegal. Delhi HC in the case of GlobDetective Agency (Pvt. Ltd.) vs. P.O. Industrial Tribunal(2011 LLR 236) has held that for payment of bonusunder the Act, minimum wages split in basic andhouse rent allowance will not be legal for calculationof bonus.Though the minimum wages can be split upinto HRA under the Minimum Wages Act but not forthe purpose of Payment of Bonus Act.

Q. What are the conditions when the compensationunder Employees Compensation Act is not payableby the employer?

Ans. Sec. 3 of the EC Act talks about such conditions.Employer is not liable to pay compensation if theworkman having been under the influence of drinksor drugs at the time of accident, willful disobedienceof the order framed for securing safety and willfulremoval or disregard of any safety device. But theseconditions are limited to case where injury has notresulted in death.Where the accident has causeddeath, these conditions are not material so long as itis reasonably concluded that the accident arose outof and in the course of the employment. Meredisobedience of any order is not sufficient. It has to bedeliberate and intended. It is not enough to prove areckless and rash act on the part of the workman butit must be shown that the employee was guilty ofwillful disobedience.Way back in 1956, Patna HC inthe case of Bhurangya Coal Company Ltd., AIR 1956Pat. 299 has held that the order or rule must havebeen given for the purpose of securing the safety, thewords of the order should be clear and brought to thenotice of individual workman and disobedienceshould be wilful. Bombay HC in the case of RamraoZingragi Shande case 1992 LLR 934 has held that mere negligence can’t be regarded as wilfuldisobedience.


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Principles ofnatural justiceand law ofdisciplinaryproceedingsdeveloped overthe time basedon variousjudicialpronouncements do not permitenquiry officerto propose /recommend anypunishmentagainst theemployee.

AbandonmentIf the Management fails to prove abandonment onthe part of the workmen, the workmen would beentitled to reinstatement with back-wages.

Termination of services of workmen in violation ofsection 25F of the Industrial Disputes Act, 1947, wouldattract reinstatement with back-wages. While awardingback - wages the Industrial Adjudicator has to considervarious factors including manner and method ofselection, nature of appointment i.e. ad hoc, daily-wager,temporary or permanent, delay in raising dispute, tenureof service, etc. etc.

O.K. Play India Limited vs. Raj Kumar and Another. 2016LLR 669 (P&H H.C.)

AwardSubstituting punishment of dismissal with stoppageof two annual grade increments without cumulative

effect would not make the workman entitled toincrements for the interregnum period since as perAward he was not entitled to back-wages.

Ramji Lal Lakhera vs. Rajasthan State Road TransportCorporation and Another. 2016 LLR 638 (Raj. H.C.)

Back WagesBack wages can not be granted in the absence ofenough proof of unemployment.

In the absence of pleadings on affidavit or propersubmission qua the workmen remaining unemployed, theCourt cannot be in a position to order back-wages.Termination of services of workmen by way ofretrenchment would be void ab initio if the conditionprecedent for a valid retrenchment, particularly as perprovisions of the section 25F of the Industrial DisputesAct, 1947, has not been fulfilled.

Jayantibhai Kevjibhai Chaudhary and Another vs. Stateof Gujarat and Others. 2016 LLR 624 (Guj. H.C)



From the Court room

RECENT IMPORTANT LABOUR JUDGMENTS

CompensationCompensation with consequential benefits instead ofreinstatement would be appropriate when industrywas closed and stopped functioning. Back wages isnot justified in such a case.

When an industry had become non-functional, awardingretrenchment compensation with consequential benefitsis appropriate in lieu of reinstatement. Awarding back-wages for the period when the industry had become non-functional is not justified. In an intra court appeal, appellatecourt shall not disturb a finding of fact, merely because a betterview is possible, unless the same is perverse.

The Management of Narendra & Company PrivateLimited vs. The workman of Narendra & Company. 2016LLR 572 (S.C.)

Contract LabourDepositing ESI contributions of contract labour byprincipal employer employed by a unregisteredcontractor does not make such contract labour anemployee of principal employer simply because theESI card of such person carry the name of principalemployer. under ESI Act, it is the liability of theprincipal employer to ensure that all the employeesare covered under the scheme.

To establish employer-employee relationship wouldinclude inter alia (i) who appoints the workman, (ii) whopays the salary, (iii) who has the authority to dismiss, (iv)who can take disciplinary action, (v) whether there iscontinuity of service and (vi) extent of control andsupervision. An employee would not be treated as anemployee of the principal employer only on the basis thatthe contractor is not a registered one or having licenseunder the Contractor Labour (Regulation & Abolition)Act, 1970. When the workman has no relationship ofemployer-employee with the principal employer, his pleathat termination of his services by the principalemployer is in violation of section 25F of the Act, is notsustainable even when the contractor was not aregistered one. Mere non-imp leading the contractor as aparty by the workman would not enable him to establishthat he was employee of the principal employer. Meredepositing of ESI contribution of the contractor'semployees by the principal employer since it is amandatory responsibility of the principal employerensure that workman is registered member under theScheme of ESI Act and contributions are depositedsubject to realization of the same from the contractor asthe same from the contractor as the ESI Act does notprescribe that a contractor has to possess his own codenumber. Only on the basis of ESI card having address ofthe principal employer, employer-employee relationshipbetween principal employer and the employee would notcome into existence. An Award passed by the Industrial

Tribunal can only be interfered by the writ court inexercise of its writ jurisdiction under Article 226 of theConstitution of India if the same is illegal, irrational andsuffers from procedural impropriety.

Manoj Kumar vs. M/s. Sintex Industries Pvt. Limited. 2016LLR 580 (H.P. H.C.)

M/s. Voltas Employees Co-operative Canteen, beinga separate entity and not a statutory canteen, itsemployees cannot claim to be employees of company.On record there is no document to show that thecompany at any time, had accepted theresponsibility for the canteen workers.

Voltas Limited, Secunderabad vs. B. Srihari and others.2016 I CLR 139 (Hyderabad H.C.)

Court JurisdictionLabour court does not cease its jurisdiction toadjudicate upon the dispute simply because theemployer denies the relationship with the employee.

A mere denial of employer employee relationship in thewritten statement is not enough to oust the jurisdiction ofthe Labour Court or the Industrial Court since theremust be some documents on record to support the pleataken I the written statement. Labour or Industrial Courtcannot dismiss a complaint merely because the employerhas denied relationship. Having framed a jurisdictionissue and having travelled halfway through the recordingof oral evidence, the Industrial Court should not haveentertained application. The issue as to whether thetermination of the petitioners amounts to illegalretrenchment or not, would not be within the domain ofthe Industrial Court.

Jalinder Ranganath Lahare and Others vs. IndianSeamless and Metal Tubes Ltd. and Another. 2016 LLR 599(Bom. H.C.)

Court PowersIn respect of punishment court should onlyinterfere when the punishment appears to beshockingly disproportionate so as to shock thejudicial conscious of the Court and not merelydisproportionate.

Interference by the Court to consider and decide thedisproportionality of the quantum of punishment isappropriate only if the punishment appears to beshockingly disproportionate so as to shock the judicialconscious of the Court. Merely because the punishmentappears to be disproportionate would not call forinterference by the Court. Clean service record for a longduration alone, and not a short one, is an indicator of theattitude and conduct of an employee.

Dinkar Murlidhar Anap vs. Maharashtra State Road



Recent Important Labour Judgments

Transport Corporation through its Divisional Controller.2016 LLR 604 (Bom. H.C.)

Though the provisions of Limitation Act, 1963 donot apply to industrial dispute, the IndustrialTribunal or the Labour Court, while granting reliefto the workman, should use it discretion inawarding back-wages and other attendant benefitsfor the period of delay caused in raising the dispute.

Being employed as a Conductor in the Corporation from1.10.1981. On 23.9.1985, while he was on duty in the bus,the Checking Inspector checked his bus and found thatsome passengers had been issued used tickets. It was alsofound that there was total deficit of Rs.42.80/- in the cashbag. For this misappropriation and misconduct, theManagement issued a charge sheet dated 1.10.1985 to theworkman. Thereafter, a departmental inquiry wasconducted against him in which he was held guilty of thecharges. Consequently, the Management dismissed theworkman from service on 2.2.1986. Aggrieved by the orderof dismissal from service, the workman raised anindustrial dispute in the year 2006 and the same wasreferred to the Labour Court which passed an award on8.10.2009 directing the management to reinstate theworkman in service with continuity of service and fullback-wages. The management has filed the present writpetition to challenge the said award. The High Courtupheld the order of restoration of the workman inservice but, as regards the back wages, it observed thatthe workman raised the dispute after a lapse of 20 yearsand that too without any valid reason and explanation forthe delay. In such circumstances, the workman is notentitled to receive full back wages, continuity of serviceand other attendant benefits for the entire period. TheHigh Court therefore, modified the award suitably andpartly allowed the petition.

Management Tamil Nadu State Transport Corporation vs.Presiding Officer, Labour Court, & Anr. CLR I 2016 P. 944(Mad. H.C.)

Date of BirthDate of birth cannot be altered at the fag end ofservice or after retirement.

The workman had joined the Sugar Factory as anunskilled Labourer on 1.11.1979. By a notice dated29.3.2013 he was informed that on reaching the age ofsuperannuation, he would stand retired w.e.f. 8.6.2013.The workman retired in the afternoon of 8.6.2013. Afterhis retirement he moved an application on 12.06.2013making a request to correct his date of birth as 1.1.1960instead of 9.6.1953 as mentioned in the office record. Hetherefore prayed that he should be allowed to rejoin theservice. The Deputy Labour Commissioner allowed theworkman’s application and directed correction of date ofbirth of the workman in the record of the Sugar Factory.Feeling aggrieved thereby, the company filed the present

writ petition. The High Court quoted para LL of thestanding orders which relates to Retirement of Workmenon reaching the age of Superannuation and observed thatas per the Standing Orders, provisions of modification ofage shall lapse on expiry of 1 year from the date ofenforcement of standing orders and as per clause 6 of thestanding orders, a Workmen can apply for thecorrection/modification on his age within 1 year fromthe date of enforcement of Standing Orders. It wascontended on behalf of the workman that he came toknow about the wrong date of birth only after receivingthe notice of retirement dated 29.3.2013. The High Court,however, rejected this contention observing that theworkman’s application was hopelessly time barred. TheHigh Court further observed that it is settled position oflaw that date of birth should not be permitted to becorrected either at the fag end of the career or afterretirement.

Kiccha Sugar Company vs. Ram Kripal. LLN (1) 2016 P. 526(Uttar. H.C.)

Disciplinary ProceedingsWhen the employee was given opportunity to crossexamine the witnesses, it did not demonstrate anyprejudice and when enquiry report was alsosupplied, enquiry can not be vitiated.

Enquiry proceeding or Enquiry report are not veritable ifthe delinquent employee is given full opportunity tocross-examine the witnesses, he does not demonstrateany prejudice against the Enquiry officer, copy ofenquiry report was duly supplied to the delinquentemployee with 2nd show cause notice and breach of anymandatory procedural requirement has not been broughton record by the delinquent employee. Charges againstthe delinquent employee that for a long time he wasindulged in business of cheque discounting wherein hewas found putting forged signatures on the reverse for hisown self gains, are grave and serious justifying hisdismissal from service. In industrial adjudication, thecompliance of principles of natural justice standsmaterialized when the disciplinary authority, wasexamined as a witness in the enquiry and in his place theManagement appointed another competent official, saythe Regional Manager, as ad hoc disciplinary authority whichdoes not amount to breach of principles of natural justice.

B.C. Nanavati (FPM No. 6842), Ex. ALPM vs. UCO Bankthrough Zonal Manager & Anr. 2016 LLR 632 (Guj. H.C.)

Acquittal in criminal case can not be a basis fordoing away with departmental disciplinaryproceedings.

Anything other than an 'honorable acquittal' in thecriminal action would not have an impact on thedepartmental proceedings. The order of acquittal may betaken into account in the departmental action but it willnot have the overwhelming effects of eclipsing the charge




in the disciplinary proceedings since the standard orproof in criminal trial and enquiry proceedings aredifferent.

Anjan Biswas vs. Central Bank of India and Others. 2016LLR 645 (Cal. H.C.)

Enquiry officer can not be said to be biased whenrepeated opportunities were granted to employee forcross examination of complainant.

Granting opportunities to the workman again and againto cross-examine the complainant shows that there wasno bias on the part of the Enquiry Officer. Since thecomplaint was a women co-employee, charge against theworkman was of harassing that woman co-employee, noother witness was examined, non-cross examination ofthe complainant by the workman, would not vitiate theenquiry proceedings if no prejudice has been pleaded orsuffered by the workman. Recalling of the complainantwithout application is no infirmity because no otherwitness had been examined and non-filing of formalapplication has not caused any prejudice to the workman.Mere asking certain questions to the complainant by theEnquiry officer ipso facto did not prejudice the appellant.

Madan Lal vs. Reserve Bank of India & Anr. 2016 LLR 652(Delhi H.C.)

Enquiry can not be stayed during pendency ofcriminal proceedings.

A delinquent employee cannot permitted to, on the onehand, prolong criminal case and at the same time arguethe departmental proceedings should be stayed on theground that criminal case is pending as per law settled bythe Courts. Enquiry cannot be stayed during pendency ofcriminal case if no prejudice is to be caused to thedelinquent employee.Departmental proceedings and thecriminal trial may continue simultaneously.

Shri Amar Singh & Anr. vs. The Traffic Manager & Ors.2016 LLR 656 (Delhi H.C.)

DismissalDismissal for the misconduct of misappropriation ofpublic money by bank official is justified. It can notbe said as disproportionate.

Since a Bank employee holds a position of trust,requiring to act with utmost integrity, honesty, dedicationand diligence. Misappropriation of public money by aBank officer is a grave and serious misconduct to justifypunishment of dismissal. Generally quantum ofpunishment is within the jurisdiction of disciplinaryauthority. If the quantum of punishment, prima facie,shocks the conscious of the court, it can be reduced bythe court. Charges of misappropriation of public moneyare so grave that punishment of dismissal does not comewithin the realm of strictly disproportionate shockingconscious of the court, warranting interference.

Sri Dambarudhar Barman vs. The Central Bank of India

& 3 Ors. 2016 LLR 574 (Gau. H.C.)

Employee’s Provident FundWhen Employer made request to surrender theexemption already granted to it, it is not obligatoryon his part to transfer the already accumulatedamount to the EPF Authority prior to receipt ofintimation of acceptance exemption withdrawal.

Issue of notice by the EPF Authority to the employerdemanding interest upon the amount for the period priorto the date of intimation sent regarding acceptance of hisrequest for surrender of the exemption, is illegal as perprovisions of section 17(5) of the Act read with para 28 ofthe scheme. Since accumulations were alreadytransferred to EPF Authority, the petitioner has not doneanything detrimental to the interest of the workmen,warranting interest.

Gadat Vibhag Vividh Karyakari Sahakari KhedutMandal Ltd. vs. Assistant Provident Fund Commissioner,Surat and Anr. 2016 LLR 576 (Guj. H.C.)

Under Section 7L of the EPF Act, AppellateTribunal has the powers to remand the case to EPFauthority for fresh consideration.

The EPF Appellate Tribunal may pass such orders as itthinks fit, confirming, modifying or annulling the orderappeal against or may refer the case back to the EPFAuthority with such directions as it thinks fit, for freshadjudication. Before passing an order, the EPF AppellateTribunal has to give an opportunity of hearing to theaffected parties.

Central Board of Trustees, Employees' P.F. Organisationvs. Riba Textiles Ltd. and Another. 2016 LLR 612 (P&HH.C.)

Director of the company not to be counted formaking 20 numbers for coverage.

Employees' Provident Funds and MiscellaneousProvisions Act, 1952 is not applicable upon an employerhaving less than 20 employees.Director of the Companycannot be included by the EPF Authority, for the purposeof arriving at the figure of 20 employees for theapplicability off the Act.

Prabhat Hospital Private Ltd. and Another vs. Union ofIndia and Others. 2016 LLR 621 (Guj.H.C.)

Damages for late deposit can be recovered fromtransferee. Liability is joint and several.

Transferee is liable to pay damages imposed by the EPFAuthority for the period prior to its coming into the shoesof the transferor in view of judgment of Supreme Courtin Hindustan Times v. Union of India & Ors., 1998 1 CLR625. Liability of payment of EPF dues is joint and severalupon the transferor and transferee. EPF Authority is notentitled to recover the amount from both transferor andtransferee separately. Transferee has a legal right torelies such amount of damages, so paid, from the




transferor, if so provided in the sale deed or suchother contract between transferor and transferee.

Parisons Estates & Industries Pvt. Ltd., Rep. by itsDirector, Mr. N.K. Khalid vs. Employees' ProvidentFund Appellate Tribunal, New Delhi & Anr. 2016 LLR635 (Ker. H.C.)

Employee’s CompensationActInsurance company is not liable to paycompensation in respect of those labours whowere not covered/insured under the policy.

If the owner of a vehicle had not paid any additionalpremium so as to cover liability of labourers, theinsurance company is not liable to pay claim to thelabourers. The amount of compensation, claimed bythe labourers of their dependants, is to be paid by theowner of the vehicle and the employer of the injuredor deceased labourers if the owner of the vehicle hasnot paid any additional premium covering liability oflabourers.

New India Assurance Co. Ltd. vs. SavitabenArvindbhai Rathod. 2016 LLR 619 (Guj. H.C.)

Employee’s Pension SchemeAn employee could not be denied benefits fromdue date when he completed required age of 50years, more so, when he submitted hisdocuments in time.

Delay in completion of papers on the level ofdepartment is no ground to deny the benefits to theplaintiff. Appeal stands dismissed. An employee isentitled to the pensionary benefits only on attainingthe age 50 years by completing required formalities.In the absence of any substantial question of law,interference by the High Court, in the Judgmentpassed by the trial court and confirmed by the FirstAppellate Court, is not called for.

Assistant Provident Fund Commissioner (Pension) andAnother vs. Ram Kumar and Others. 2016 LLR 615(P&H H.C.)

Equal Pay-EEqual WorkA mali when allotted the work of gardenchaudhary , a higher rank work, will be entitledto the wages of higher grade for such period.

A workman working upon higher ranked post isentitled get pay scale and other benefits of thathigher ranked post for the relevant period in view of

principle of equal work. When working on higherranked is proved, non-having requisite educationalqualifications for that post, is immaterial, for theclaim raised for differential wages. If the list showingnames of employees working upon higher rankedpost includes the name of a lower ranked employee inthat list, it is sufficient to prove that the lower rankedemployee, in fact, was working upon higher rankedpost.

Municipal Corporation of Delhi vs. Shri Rajvir Singh& Ors. 2016 LLR 597 (Delhi H.C.)

E.S.I.Employer can not go directly to High courtthrough writ against order of ESI authoritywithout availing the remedy of appeal under sec.45AA.

It is well settled that, normally the Writ Court wouldnot interfere with the demand notice if the assesseehas adequate remedy under the statute. It is also awell recognized practice that once a proceeding underthe Recovery Act is initiated, the Courts would notinterfere with the demand notices. In view of anefficacious remedy of appeal under section 45AA ofthe Employees' State Insurance Act, 1948, thepetitioner must first avail the alternative remedy ofappeal besides that the petitioner could have filedobjection before the Recovery Officer is under astatutory duty to decide before finally determiningthe liability of the petitioner.

Hindustan Petroleum Corporation Ltd. vs. Employees'State Insurance Corporation and Others. 2016 LLR 637(Jhar. H.C.)

Payment of honorarium in the absence ofemployer -employee relationship will not attractESI contributions.

An inspection report has no force if the same is nottendered in evidence by the witness concerned beforethe court. Only payment of honorarium, in theabsence of relationship of employer-employee, wouldnot attract contribution under the Employees' StateInsurance Act, 1948.

Khadi Gramodyog Emporium vs. Deputy RegionalDirector. 2016 LLR 659 (Bom. H.C.)

Travelling allowance whether paid in lump-sumalong with the salary as per the terms ofemployment would not cease to be travellingallowance within the meaning of section 2(22).

The question involved in the present appeal before theHigh Court is whether travelling allowance paid to anemployee as a consolidated amount would constitute"wages" within the meaning o Section 2(22) of the ESIAct. The ESI Court held that it does not form part ofwages. In appeal, the Ld. Single Judge relied upon the






decision in Rajashree Cement v. Deputy Director ESICorporation 2004 LIC 2244 wherein it was held thatconveyance allowance given within the meaning ofsection 2(22) of the Act and shall be taken intoconsideration for the purpose of fixing the ESIContribution.

A similar question arose before the Madras High Court inthe case of Management of Oriental Hotels Ltd. v.Employees of ESI Corporation 2001 (1) LLN 943 Madras. Inthat case it was held that in view of specific exclusion oftravelling allowance in the definition of section 2(22)itself and since conveyance allowance was of the samecharacter as travelling allowance, conveyance allowancewould not constitute wages within the definition ofsection 2(22).

The High Court held that there is no dispute that theamount in question in the case on hand constitutestravelling allowance. Whether it is paid lump-sum or ininstallments or as per the terms of the contract, itconstitutes to be travelling allowance and it never ceasesto be travelling allowance. The High Court declined toaccept the contention of the ESIC that if the travellingallowance is paid along with the salary as per thecontract of employment, it would cease to be travellingallowance within the meaning of clause (b) of section2(22).

Regional Director ESI Corporation vs. Royal PlasticsIndustries. LLN (1) 2016 P. 428 (Ker. H.C.)

Ex-pparte AwardWhen the absence of the employer in the case wasnot bona fide, ex-parte award can not be set aside.

When in the opinion of the Industrial Tribunal/LabourCourt, the absence of the petitioner cannot be said to bebona fide or unintentional, dismissal of an applicationseeking setting aside of ex-parte Award is justified. Ifthere is no ground to justify the interference of the WritCourt under Article 226 of the Constitution of India, inthe ex-parte order/Award passed by the IndustrialTribunal, the application seeking setting aside of thesame is liable to be dismissed.

The District Cooperative Union, Amritsar vs. ThePresiding Officer and Another. 2016 LLR 590 (P&H H.C.)

Merely sending summons by regd/post to employerand not received back does not amount to service. Ifmanagement contends the non receipt of summons,ex parte award is to be set aside.

An ex-parte Award, passed against the Management forits non-appearance, presuming that summons sentthrough registered post and not received back, have beenreceived by the Management, is liable to be set aside.Presumption that Management has not put itsappearance before the court despite service of summonssent through registered post and not received back, is notsustainable.

Principal, Govt. Senior Secondary School vs. MukeshKumar and Another. 2016 LLR 614 (P&H H.C.)

GratuityEmployee of co-operative society can also claimgratuity under the payment of Gratuity act. It is notbarred.

Jurisdiction of the Controlling Authority under thepayment of gratuity act, 1972 is not barred by theRajasthan Co-operative Societies Act, 2001, a State Act.Anemployee may seek remedy under the Rajasthan Co-operative Societies Act, 2001 as well but it cannot takeaway the right to seek remedy under the payment ofGratuity Act, 1972.

Rajasthan Rajya Sahakari Sangh vs. Deen Dayal Sharmaand Another. 2016 LLR 639 (Raj. H.C.)

The employer has no right to retain the gratuity ofan employee after his superannuation or on hisresignation from service, unless any action has beentaken and order passed against the said employeeunder section 4(6) of the Act.

The workman joined the service on 01.10.1975 andresigned on 31.3.2012. It appears that thereafter somefinancial irregularities committed by the workman cameto the notice of the employer and therefore the paymentof gratuity payable to the workman was withheld. TheControlling Authority passed an order directing theemployer to make payment to the workman. That orderwas confirmed by the Appellate Tribunal also. Beingaggrieved, the employer filed the present petition tochallenge the same. It was pointed out on behalf of theemployer that in view of the financial irregularitiescommitted by the workman, he (workman) made anapplication and gave an undertaking that he be given partpayment of gratuity of Rs.3,12,754/-. The High Courtpointed out that neither any departmental inquiry for thealleged financial irregularities was initiated against theworkman nor any criminal complaint was lodged againsthim. Thus, neither of the eventualities contemplatedunder the Act is existing in the present case andtherefore the workman could not have been denied hisdue gratuity. There is also no order of forfeiture of thegratuity payable to the workman. For these reasons, theHigh Court held that, there was no justification to retainthe gratuity payable to the workman.

Gujarat State Co-Operative Agriculture and RuralDevelopment Bank Ltd. vs. Tapashvikumar UmakantShukla & Anr. CLR I 2016 P. 638 (Guj. H.C.)

The employees of educational institutions includingteachers are entitled to gratuity.

The Respondent was an employee of the Institution andhe had joined the services of the institution on 9.2.1982.The employee was relieved on 16.4.2007 and was paidgratuity of Rs. 2,81,077/- The employee filed anapplication before the controlling authority seeking




interest of Rs.96,032/- as on October 2010 on the gratuityamount. The controlling authority after considering thecase of both the parties allowed the application ofemployee and directed the institution to make thepayment of interest of Rs. 96,286/-. Aggrieved by the saidorder, the institution preferred an appeal under section7(7) of the Payment of Gratuity Act. The Deputy LabourCommissioner, who is the Appellate Authority, dismissedthe appeal and confirmed the order passed by thecontrolling authority. Being aggrieved, the institutionapproached the High Court by filing the present writpetition.

It was contended on behalf of the institution that theemployee was working as a teaching staff and thereforehe was not entitled for gratuity. It was also contended thatthe act 1972 is not applicable to the teaching staff and thatgratuity was paid to employee through mistake. On theother hand, it was contended by employee that in view ofthe express words used in the amended definition of"Employee" under section 2(e) of the Act, the teachersworking in educational institution are entitled to thebenefits of gratuity.

The High Court referred to the definition of the term"Employee" and observed that the words "any kind ofwork, manual or otherwise" used in the definition makesit clear that the staff working in the educationalinstitutions are covered by the definition clause of"Employee". The High Court further referred to thedecision in W.P. No. 39655/2014 decided by the Co-ordinateBench of the same High Court which held that theteaching staffs are entitled to interest on gratuity amountdisbursed to them and the institution has no right toclaim refund of the amount paid towards the gratuity.

Principal, Dr. B.R. Ambedkar Medical College vs.Ramkrishna Muninagappa & Anr. CLR I 2016 P. 798 (Kar.H.C.)

No period of limitation has been prescribed forinitiating a claim for gratuity under the Act.

The employee was in the service of the Company. Heresigned from service on 30.6.2010. He had worked withthe Company from 11.11.1995 i.e. for about 15 years. Itappears that after a long time the employee made anapplication for grant of gratuity amount. In defence, theCompany contended that an amount of Rs. 1,31,885/- waspaid in cash to the said employee. There was a dispute inconnection with the alleged payment. The controllingAuthority under the Payment of Gratuity Act refused toplace any reliance upon a receipt produced in evidence toprove the payment and rejected the defence of theCompany. Feeling aggrieved thereby, the Company filedthe present petition before the High Court.

The High Court observed that it is somewhat hard tobelieve the payment of Rs.1,31,885/- coming from aPrivate Ltd. Company whose accounts are to pass the testof accounts in the Companies Act, 1956 besides under theIncome Tax Act. There was failure of the management toproduce the record which may have proven discharge of

liability. Thus, the management failed to discharge itsburden. The Company also raised an objection toemployee's claim on the ground that the application wasnot made within 900 days of the non-payment of gratuity.The High Court rejected this contention and observedthat under Section 4 of the Act no period of limitationhas been prescribed for initiating a claim for gratuity.

M/s. Paramount Impex Pvt. Ltd. vs. Appellate Authority &Ors. CLR I 2016 P. 513 (P&H H.C.)

Industrial Disputes ActPending industrial dispute, termination ofworkman without approval or permission as thecase may be will be illegal attracting reinstatement.

Termination of services of a workman during pendencyof an industrial dispute before authority of theAppropriate Government/Board/Tribunal/Labour Courtwithout complying with the provisions of section 33 ofthe Industrial Disputes Act, 1947 is illegal attractingreinstatement with back-wages and continuity of service.

Karamsad Nagarpalika vs. Rekhaben ShaileshbhaiParmar & Anr. 2016 LLR 664 (Guj. H.C.)

Jurisdiction under Section 33 (2)(b) of the I.D. Act islimited and cannot be equated with jurisdictionunder section 10 of the said Act.

Consequent upon a departmental inquiry, workman inthe service of the corporation, was removed from serviceby an order dated 14.5.1990. The misconduct attributed toworkman was that on 4.5.1989, he committed theft of 5 or6 kgs. of aluminium sheets and tried to cause financialloss to the employer. According to the corporation, theworkman was caught red handed with theft articles bythe checking officials. Thus, according to themanagement the workman had misconducted himself inperforming his duty. The impugned order reveals that apreliminary issue was framed regarding thedepartmental inquiry being held in accordance with theprinciples of natural justice. This issue was decidedagainst the corporation as the management had not ledany evidence to show that the enquiry was conductedvalidly. The Trial Court held that the workman wasdirected by the corporation’s official to clean the depotand accordingly, the depot was cleaned and at that timethe aluminium sheets were found lying in the open space.Therefore, no case of theft or attempted theft was madeout and so, no misconduct was committed by theworkman. The Industrial Court, therefore, appears tohave rejected the approval application filed by themanagement. Being aggrieved thereby, the managementfiled the present writ petition. The High Court observedthat jurisdiction under section 33(2)(b) of the ID Act islimited one and cannot be equated with the jurisdictionunder section 10. It was observed that while consideringthe application under section 33(2)(b) of the I.D. Act, ithas to be seen as to whether prima facie case is made out




or not. The High Court, on going through the evidence onrecord, found that no prima facie case was made outagainst the workman and therefore the Trial Court wasjustified in rejecting the management’s application undersection 33(2)(b) of the I.D. Act. In view of this position,the petition was dismissed.

D.T.C. vs. P.O.I.T. No. II & Anr. LLJ I 2016 P. 657 (DelhiH.C.)

Maternity Benefit ActFacilities granted under any enactment cannot becurtailed or denied by administrative circulars,orders or directives issued by the authority.

The Petitioner is an employee of the Government and shehad applied for maternity leave. However, her applicationwas rejected o the ground that she was claimingmaternity leave for the birth of her third child. Theemployee therefore, challenged the rejection of herapplication by filing the present writ petition. The HighCourt observed that the issue raised in the presentpetition is no longer res integra as the same standsdecided in favour of the employee by several judicialdecisions. In Ruksana v. State of Haryana & Ors. 2011(5)SLR 325 a Division Bench of the same High Court allowedthe benefit of maternity leave which was denied to thePetitioner therein on account of birth of third child. Thatdecision was challenged by the State Government byfiling an appeal in the Supreme Court. The SupremeCourt observed that the Act nowhere restricts the benefitsof payment of maternity benefits to the two children. Itwas held that the provisions of the Act entitle the womenemployee to maternity benefits for the birth of third childalso. Unless an amendment is carried out in the Act, theGovernment cannot restrict beneficial provisions of theAct to a women employee for the third child.

Chitra Rani vs. State of Haryana & Ors. CLR I 2016 P. 843(P&H H.C.)

MisconductAbsence from duty due to authorized leave evenwith out pay will not be a misconduct.

Once leave is authorized to the workman, even withoutpay, his such absence from duty will not be a misconducton his part. Dismissal of service of a workman, treatinghim being on leave without pay which was dulyauthorized, is illegal without taking any step toinvestigate whether the leave granted was the result ofconspiracy or fraud played by the workman.

Delhi Transport Corporation vs. Dev Raj Singh. 2016 LLR593 (Delhi H.C.)

Consuming liquor by an employee while on duty is aserious misconduct. Quantum is not relevant.

The quantum of presence of alcohol in the blood ofemployee-driver is not so much relevant or significancebut the influence of alcohol while on duty is a seriousmisconduct since a driver while driving bus of theCorporation is not only to cause damages to the bus dueto any accident but it has to cause a lot of damages to thegeneral public, at large, and damage to the reputation ofthe corporation.

S.V. Hari Prasad vs. Vice Chairman and ManagingDirector, Andhra Pradesh State Road Transportcorporation Musheerabad, Hyderabad and Others. 2016LLR 641 (Hyderabad H.C.)

Payment of Wages ActDeduction from wages for loss/damage by theemployer can not be done without issuing notice tothe employee.

Deduction on account of damages caused by theworkmen, made from their wages without giving themopportunity to show cause against such deduction, is notsustainable. Provision of section 10 allows permissibledeductions, including a claim for damages or loss, fromthe wages of the workman only by serving a show causenotice to the concerned workman, giving him properopportunity. Such deductions are required to be recordedin a register to be kept by the person responsible forpayment of wages.

Sube Singh vs. Manoj and Others. 2016 LLR 613 (P&HH.C.)

PunishmentHaving accepted the offer of fresh employment afterdismissal,employee loses the right to challenge thevalidity of earlier dismissal.

A Workman who has been dismissed from service forserious misconduct pertaining to reimbursement of falsemedical bills that too when charge was proved in theenquiry will not have any justifiable right to challengehis termination. Once the workman accepts the order ofthe authority for fresh appointment in service, withoutany protest and without reserving his right to challengethe order of his dismissal from service, he cannot turnaround and claim that the order of dismissal fromservice passed earlier, was illegal one.

Anil Vaijnath Arbad vs. Divisional Traffic SuperintendentM.S.R.T.C., Parbhani & Ors. 2016 LLR 607 (Bom. H.C.)

Re-eemploymentTo get relief of re employment under sec. 25H of IDAct, workman has to prove that some else has been




appointed in his place and this claim is liable to berejected if filed after much delay.

On the ground of delay and latches, without explainingsufficient cause, the claim of the workman underIndustrial Disputes Act, 1947, is liable to be rejected. Inorder to attract the provisions of section 25H of theIndustrial Disputes Act, 1947, retrenched workman has toestablish that the employer has proposal to employ or hasemployed another person in his place.

Maharashtra Remote Sensing Application centre vs.Deepak Jangluji Khandale and Others. 2016 LLR 603 (Bom.H.C.)

ReferenceIt is for court/ tribunal to answer each point ofreference and not to be guided by the language ofthe reference order.

What is referred to by the Appropriate Authority is, as amatter of fact, disputes for adjudication before theTribunal and the Tribunal shall answer each point raisedbefore it, on the basis of the material placed before it andshall not be guided by the language of the Reference Orderas apprehended by the learned Advocate for the petitionerhence the High Court finds that the proceedings before theTribunal need not be interjected in any manner, nor thereis any illegality in the Reference Order and, therefore, thispetition need not be entertained any further.

Paharpur Cooling Towers Ltd. vs. State of Gujarat andOthers. 2016 LLR 630 (Guj. H.C.)

Before making reference of dispute, Govt. can seewhether relationship of employer-workman existedbetween the two.

In a dispute raised by a claimant the appropriategovernment has to consider the material made availableto it, to find out whether an employer-worker relationshiphad existed prior to Act complained of and whether thesaid Act would jeopardize the industrial peace andharmony, unless redressed.The government whileconsidering, whether a reference should be made or notthe appropriate government cannot delve into the meritsof the dispute and determine the lies itself.

Shivnanda Singh vs. Standard Charted Bank & Ors. 2016LLR 643 (Cal. H.C.)

ReinstatementEven if the termination is found illegal, in everycase reinstatement is not automatic.

Reinstatement is not automatic in all cases wheretermination of services of the workman is found to beillegal. Awarding reinstatement depends upon variousfactors like nature of appointment, availability of

quantum of work, whether appointment was per se rulesand statutory provisions, length of services, delay inraising an industrial dispute, etc. Awarding lump sumcompensation in lieu of reinstatement is justified keepingin view the facts that job was casual nature, appointmentwas not per se and length of service is very short.

Vinod Kumar vs. Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and Others. 2016 LLR 591 (P&HH.C.)

RetrenchmentWhen notice under section 25F(c) read with rule76(a) in form P of I.D. Act is not given by employerwithin three days, which is mandatory, suchretrenchment would be illegal attractingreinstatement.

Notice under section 25F(C) read with rule 76(a), in from'P' is mandatory, to be sent to appropriate government,within 3 days from the date the notice, given to theworkman. Retrenchment of a workman would be illegalin case of non-compliance of provision of section 25F (c)and Rule 76(a) of the Industrial Disputes Act and Rules,respectively. When termination of services of a workmanis set aside for non-compliance of mandatory provisionsof the Industrial Disputes Act and Rules, it would attractreinstatement with full back-wages with consequentialbenefits. Section 8(2) of the Delhi School Education Act,1973 is a substantive right provided for safeguarding theconditions of services of an employee to avoid arbitraryor unreasonable termination of services of an employeehence the approval of the Director on termination of anemployee will be necessary. Entire amount, to be paid toan employee towards back-wages, must be spread overthe period from the date of retrenchment to final decisionof the court for providing benefits under section 89 of theIncome Tax Act, 1961 to the employee.

Raj Kumar vs. Director of Education & Ors. 2016 LLR 561(S.C.)

Termination without compliance of retrenchmentprovisions would make it illegal leading toreinstatement with back wages.

If services of a workman has been terminated withoutmaking compliance of sections 25F and 25G of theIndustrial Disputes Act, such a termination is illegalattracting reinstatement with back-wages. Non-payment ofretrenchment compensation to the workman at the time oftermination of his services is non compliance of provisionsof section 25F of the Industrial Disputes Act, 1947. Paymentof retrenchment compensation to the workman later onwould not be counted to be compliance of provisions ofsection 25F of the Industrial Disputes Act, 1947.

Chairman and Others vs. Mulrajsinh Kesarisinh Gohiland Others. 2016 LLR 666 (Guj. H.C.)





Sexual HarassmentAll bodies be it private or public are underobligation to put in place a mechanism to deal withcomplaints of sexual harassment and makecomplaints committees.

The Apex Court has decided in the case of 'Vishaka v.State of Rajasthan and Others, (1997) 6 SEC 241, anothercase of Medha Kotwal Lele v. Union of India and Others,AIR 2013 Sc 93 and in case of ‘Seema Lepcha v. State ofSikkim and Others, (2013) 11 SCC 641, urging thatadequate number of Complaints Committee be formed bystate functionaries, private and public sectorundertakings/organizations/bodies/ institutions etc.,with sufficient mechanism to ensure full implementationof guidelines to meet with and to take into account thecomplaints of sexual harassment received under theprovisions of section 4 of the Sexual Harassment ofWomen at Workplace (Prevention, Prohibition andRedressal) Act, 2013.

Patel Rajendrakumar Natavaria vs. State of Gujarat & 3.2016 LLR 661 (Guj. H.C.)

Trade UnionNo deductions can be made by the employer fromthe wages of the workmen without theirauthorization, to pay to their Union, even forwelfare of its members/workes.

National Fertilizer Limited vs. Nangal Fertilizer WorkersUnion and others. 2016 II CLR 249 (P&H H.C.)

TransferTransfer of an employee from one post to another ofhigher rank is an incident of service. Court shouldnot interfere with transfer order until proven malafide or illegality is there.

BSES Rajdhani Power Ltd. & Ors. vs. Naval Singh. 2016LLR 654 (Delhi H.C.)

Unauthorised AbsenceTermination of employee absent for 114 daysunauthorisedly after due enquiry is proper andlegal.

Termination of services of a workman is justified if hewas issued a proper charge-sheet, enquiry wasconducted, he participated in the enquiry, charges forabsence from duty for 114 days were proved against him.

An undertaking between workman and Management, ifadmitted before the Court, will be a valid and forcefulevidence for decision of the case. A medical certificate,issued by a private doctor, if not proved by examining thedoctor concerned, before the Court, that certificate wouldnot be taken as proved or having any evidenciary force.

Rishi Kumar vs. Presiding Officer and Ors. 2016 LLR 588(P&H H.C.)

Dismissal justified for habitual absence.

When it is proved on record that workman was habitualabsentee unathorisedly not following the Rules ofService, punishment of dismissal from service isjustified.Any sympathy by the Labour Court and writcourt to the habitual absentee is notjustified.Unauthorised long repeated absence from dutyis a serious misconduct, justifying dismissal fromservice. When the workman, being a driver, neitherresponded to charge-sheet nor participated in theenquiry, nor followed the rules of service, any sympathyby the labour court is not justified since repeatedunauthorized absence from duty is serious misconduct.When the workman remained unauthorisedly absentearlier on several occasions for which he was awardedminor punishments, punishment of dismissal fromservice is not shockingly disproportionate.

Bangalore Metropolitan Transport Corporation, Rep. byits Chief Law Officer vs. V. Ramaswamy s/o LateKandaswamy. 2016 LLR 649 (Kar. H.C.)

WorkmanManager ( HR-Legal) would not be a workman underI.D.Act. Merely because he was not discharging theduties of managerial nature would not make himipso facto a workman.

An employee would come with-in the purview of'workman' if he was employed in any industry forperforming any manual, unskilled, skilled, technical,operational, clerical or supervisory work. Merely becausean employee had not been performing any managerial orsupervisory duties would not ipso facto mean that he is aworkman. In addition to designation, salary and nature ofduties of the employee are necessary factors whiledeciding if an employee is covered under the definition ofworkman or not. Manager (HR-Legal) is not a workmanwithin the meaning of section 2(s) of the industrialdisputes Act, 1947, in view of his higher salary andnature of duties being of managerial and administrativenature. If the employee is not a workman, he is notentitled to raise his dispute under the Industrial DisputesAct, 1947 against his employer.

Kusters Calico Machinery Pvt. Ltd. vs. Mayurkumar J.Pathak & Ors. 2016 LLR 617 (Guj. H.C.)

Courtsey - Labour Law Reporter, FLR, CLR , LLJ & APS Labour Digest

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The landmarkjudgment SAIL VsNational UnionWater FrontWorkers and

others (2001 LAB. I.C.3656=2001 LLR 691 (SC) =2002 (4) LLN 135 (SC)) is apioneer to solve theconundrum on ContractLabour. This case was heardand decided by theconstitution bench of theSupreme Court comprisingof the five judges. The briefgenesis of the dispute lays inengagement of 353 contractLabours in the stockyard ofSAIL at Kolkata. The Unionfiled a writ petition in HighCourt seeking direction forabsorption of ContractLabour in the regularestablishment of SAIL in

view of the prohibition notification dated 15th July 1989 bythe Government of West Bengal. The Learned single judgeof the Calcutta High Court allowed the Writ Petition filedby the Union based on the three bench judgment of theSupreme Court in Air India Statutory Corporation VsUnited Labour Union & Others (1997 (76) FLR 119 (SC) = 1997(1) LLN 75 (SC) = 1997 LLR 305 (SC) ). The Division Bench ofthe High Court dismissed the Writ appeal filed by SAIL.Subsequently the matter went on appeal to the SupremeCourt.

Before this matter could be heard in the SC a two judgebench of the said Court in Food Corporation of India,Bombay V. Transport & Dock Workers Union (1999 (7) SCC59 ) noticed a conflict of opinions between differentbenches on two issues:

(i) the interpretation of the expression "appropriateGovernment" in section 2(1) (a) of the Contract Labour(Regulation and Abolition ) Act 1970 (in short the CLRAAct)

(ii)automatic absorption of the Contract Labour in theestablishment of the Principal Employer as aconsequence of an abolition notification issued underSection 10 (1) of the CLRA act.

Their Lordships in the said case referred the matter to alarger Bench. The SAIL case (supra) along with other casesrelated to Contract Labour were also tagged and referred tothe larger bench of five judges as the same question alsoarises in them also.

Prior to the SAIL Judgment (Supra) no case of theSupreme Court can be said to have laid down the law onContract Labour as variance has been observed in variousjudgments of the Supreme Court. The apex court in DinaNath & others Vs National Fertilizers Ltd & Others (1992(64) FLR 39 =1992 (II) LLJ 46 (SC)) had ruled that the actdoes not provide for automatic absorption by PrincipalEmployer upon abolition of Contract Labour. The sameview was again reverberated in the case between R.K.Panda and Others Vs Steel Authority of India and Others(1994 (2) LLN 378 (SC) = 1994 (69 FLR 256 (SC)). A similarview was also taken by the apex court in the Association ofChemical Workers, Bombay Vs A.L. Alaspurkar and Others(1994 LIC 2582 (SC) = 1995 (71) FLR 79 (SC) ). However, in


Impact of SAIL Judgment on ContractLabour engagement

Deepanjan DeyDGM -HR of OCL India Ltd. (Dalmia Bharat Group) & Author of the book titled Concept & Supreme Court ruling on Contact Labour, Rajgangpur (Odisha)

The concept ofautomaticabsorption ofContract Labour isno more a sinequa non in theestablishment ofthe PrincipalEmployer when anotification byappropriateGovernment isissued undersection 10 (1) ofthe CLRA.


Impact of SAIL Judgment on Contract Labour engagement

total variance to theaforesaid case the SupremeCourt in AIR India StatutoryCorporation Vs UnitedLabour Union and Others (supra) inter-alia ruled thatby "necessary implication"the Principal Employer willbe under statutory obligationto absorb the ContractLabour on abolition of theContract Labour system.

Under such back groundthe five bench of theSupreme Court in the SAILcase (supra) examined thequestion of automaticabsorption of ContractLabour on issuance of avalid notification undersection 10 (1) of the CLRAAct. The Court ruled that insection 10 of the CLRA actthere is no implicitrequirement of automaticabsorption of ContractLabour by the PrincipalEmployer in the concernedestablishment on issuance ofnotification by theappropriate Governmentunder section 10(1)prohibiting employment ofContract Labour in a givenestablishment. However, theCourt observed in case acontract between thePrincipal Employer and theContractor is found to be notgenuine but a merecamouflage, the so calledContract Labour will have tobe treated as employees ofthe Principal Employer andshall be directed by theindustrial adjudicator toregularize the services of theContract Labour in theconcerned establishment.However, such cases will bedealt under the IndustrialDisputes Act and not underthe CLRA.

In light of this judgmentthe concept of automaticabsorption of ContractLabour is no more a sine quanon in the establishment ofthe Principal Employerwhen a notification by

appropriate Government is issued under section 10(1) ofthe CLRA. Following the ratio decided in SAIL (supra) theCourts are also now consistent in their rulings as regard toabsorption of Contract Labour is concerned in theestablishment of the Principal Employer on issuance ofnotification under section 10(1) of the CLRA.

This bench overruled the Air India case (supra)prospectively based on which various directions wereissued by various High Courts and even Supreme Court forabsorption of Contract Labour in the establishment of thePrincipal Employer in case of abolition of the ContractLabour. Dina Nath (supra) was restored by this bench.However, before we conclude few words of caution. Inmatters related to maintenance of a Statutory Canteen thisbench has ruled that these cases stand in different footingand has upheld the V.S.T Industries case (AIR 2000 SC 2695)treating the Contract Labours deployed in StatutoryCanteen as the employees of the Principal Employer.

After the pronouncement of SAIL judgment theconundrum as regard to absorption of Contract Laboursby Principal Employer appears to have been removed. TheSupreme Court after the SAIL judgment has beenconsistently of the view that there is no automaticabsorption after the notification has been issued by theappropriate authority prohibiting the engagement ofContract Labour. This view has been expressed in BharatCoking Coal Ltd Vs Rastriya Colliery Mazdoor Sangh (2006AIR 946 =2006(2) SCC 329) and Nitin Kumar Nathal Jhoshiand others Vs Oil & Natural Gas corporation Ltd. and others(2002 (2) LLJ 262), Workmen of Nilgiri co-operativeMarketing Society Ltd. Vs State of Tamil Nadu and Others(2004 (101) FLR 138 SC = 2004 (2) LLN 68 (SC)), Employers, Inrelation to the Management of Sudamdih Colliery of M/sBharat coking coal Ltd Vs Their Workers by RashtriyaColliery Mazdoor Sangh(2006 (2) SCC 329 = AIR 2006 SC 946), Andhra Pradesh State Road Transport Corporation andOthers V. G. Srinivas Reddy and others , Workmen of Nilgirico-operative Marketing Society Ltd. Vs State of Tamil Naduand others (2004 (2) LLN 68 (SC) = 2004 LLR 351 (SC)).

In Municipal Corporation of Greater Mumbai Vs K.V.Shramik Sangh and others (2002 (4) SCC 609= 2002 (2) LLJ544 (SC)) the Supreme Court relying upon the SAILjudgment (supra) ruled that non-compliance with theprovision of the CLRA Act will not lead to automaticabsorption and appropriate course has to be adopted asindicated in the SAIL Judgment. In line with the SAILjudgment (supra) the court further observed that if thecontract was sham or it was only Camouflage it cannot bearrived at as a matter of law but the finding must be basedon evidence before an Industrial Adjudicator. This viewhas been expressed in Bharat Heavy Electricals Ltd. VsState of U.P and others ( 2003 (98) FLR 826 (SC) whereby theapex court upheld the observation of the High Court thatthe finding of facts by the Labour Court cannot bescrutinized or shifted in a Writ Petition and upheld theaward of the Tribunal holding that the contract betweenthe Contractor and Employer was sham and the workmenwill be therefore treated as the employees of the Principalemployer.


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In case a contractbetween thePrincipal Employerand theContractor isfound to be notgenuine but amere camouflage,the so calledContract Labourwill have to betreated asemployees of thePrincipal Employer.


Officials of theE m p l o y e e s 'Provident FundO r g a n i s a t i o nbehave in their

conduct as if they are abovethe statutory provisions.Inebriated with power, theyoften transgress the limits oftheir jurisdictions.Bengaluru based renownedlawyer B.C. Prabhakar, whois also the President ofKarnataka Employers'Association has found it tohis dismay that PFAuthorities recklesslymisuse the provisions, whichgo against the grains of thestatute.

Provident FundAuthorities under section-7Aof the Act have been vestedwith the powers of the CivilCourt with regard to (a)decide such disputes thatarise regarding theapplicability of the Act to anestablishment and (b)determine the amount duefrom an employer under anyprovisions of the Act and for

conducting such enquiries as they may deem necessary.The Employees' Provident Fund Commissioner have alsobeen vested with power under the Code of Civil Procedurefor trying a suit for (a) enforcing the attendance andexamining the person on oath, (b) requiring the discoveryand production of documents, (c) receiving evidence ofaffidavit and (d) issuing commissions for the examinationof witness.

The Provident Fund Commissioners, however, have notbeen given the powers to decide the abstract questions oflaw but only to determine the actual concrete differences inpayment of contribution and other dues by identifying thecoverable employees. Way back in 2005, the AndhraPradesh High Court had cautioned in the case of VignanEducation Development Society, Ongole vs. AssistantProvident Fund Commissioner Authority, Guntur, 2005 LLR451 (AP HC) that issuance of arrest warrant of theemployer for failure to furnish information fordetermination of provident fund contribution will be grossmisuse of power.

Provident Funds Act contains a provision for appealbefore the Employees' Provident Fund Appellate Tribunal(EPF Appellate Tribunal for short) so that the parties asaggrieved by the orders of the Regional Provident FundCommissioner (RPFC) or Assistant Provident FundCommissioner (APFC) could file appeals against theirorders under section 7A of the Provident Fund Act. Rule 7of the Employees' Provident Funds Appellate Tribunal(Procedure) Rules, 1997 provides that any person soaggrieved can file an appeal against the order passed byRPFC / APFC within 60 days from the date of issue of theorder which period can, however, be extended by another 60days if the appellant was prevented by sufficient causefrom preferring appeal. However, the concerned officialsunder the Provident Fund Act vested with vast powersincluding that of quasi-judicial powers do not care to lookinto the provisions of the Act and the Scheme since thereis hardly any order under section 7A of the Act wherebythe following language is missed.

"The employer in respect of the establishment isdirected to deposit the above said assessed PF dues inrespective accounts of EPFO within 15 days of receipt ofthis order and the receipted copy of challans beproduced in support thereof failing which the same willbe recovered in the manner prescribed under section 8Bto 8G of the Act." (The above sentence is invariably downloaded from the computer in everyorder without considering its disastrous consequences and harassment tothe employers)

As a practitioner of labour and employment laws, thiswriter gets the opportunity to see hundreds of such orders


Misuse of powers by EPF Authorities

H.L. KumarAdvocate, Supreme Court, New Delhi

Employees'Provident FundScheme is anovel scheme inmany ways, Indiacan boast ofhaving thisScheme from1952, when mostof the countriesof the world didnot have eventhought of it. Thatis the reason thatgreat emphasishas been laid onsafeguarding thisScheme for thebenefit of theemployees.


Misuse of powers by EPF Authorities

wherein above sentence isnot inserted and theemployers have complainedthat the recovery of theamount so determined undersection 7A of the ProvidentFund Act has been initiatedand made by the authoritiesunder the Act within 60 dayswithout considering that anappeal can be filed by theaggrieved employer beforethe EPF Appellate Tribunal.This clearly shows that theauthorities are ignorant oflaw which they have to followand implement theprovisions of the ProvidentFund Act and the Scheme.Reference is made to variousjudgments of the HighCourts wherein it has beencategorically held that norecovery can be madepursuant to an order undersection 7A of the ProvidentFund Act within 60 dayswhich is the time prescribedfor filing of appeal before theEPF Appellate Tribunal.

In TI Metal Forming,Chennai vs. The RegionalProvident FundCommissioner-II, Chennaiand Another, 2013 LLR 1251(Mad. HC) and in PopularIndustries (PynadathCrusher) vs. AssistantProvident FundCommissioner & RecoveryOfficer, 2015 LLR (SN) 108:2014 (4) KLT 538 (Ker. HC) ithas been held that: -

(a) An aggrieved party ishaving a right to file appealagainst order of the EPFAuthority as per section 7(1)of the Employees' ProvidentFunds and MiscellaneousProvisions Act, 1952 within60 days.

(b) Right of statutoryappeal cannot be curtailed byinitiating attachmentproceedings before expiry of60 days by EPF Authorityunder the Act.

(c) Order passed by EPFAuthority determining theamounts of contributionsdue from employer wouldbecome effective only onexpiry of 60 days as providedunder section 7(1) of the Act.

(d) Issuance of attachment order by the EPF Authorityprior to expiry of prescribed limitation of 60 days, from thedate of order determining the amount of contributions, isliable to be quashed being violative of section 7(1) of theAct.

In Regional P.F. Commissioner, E.P.F. Organisation vs.Melagaon Sah. Sakhar Karkhana Ltd., 2014 (143) FLR 1066the Bombay High Court has held that once theCommissioner was exercising quasi-judicial functionswhile passing the order which has been set aside by theAppellate Authority, it would not be permissible for theCommissioner to challenge the order of the AppellateAuthority.

(The above judgments (only a few as cited) bear the testimony that theemployers have to approach the High Court for redressal of their grievanceswhereby the authorities under the EPF&MP Act have not adhered to thestatutory provisions).

The prescribed provisions of the Provident Fund Act,the Employees' Provident Funds Appellate Tribunal(Procedure) Rules, 1997 and the judgments of the HighCourts as stated above are either intentionally overlookedor that the authorities are ignorant since they lackcompetence in this context.

Well known legal practitioner B.C. Prabhakar has reliedupon an order dated 25.5.2016 of the EPF AppellateTribunal in Daman Ganga Papers Pvt. Ltd. vs. APFC, ATANo.603(5)/2016 and he has said that 'the Association hascome across several instances where the Provident FundOfficials had initiated recovery proceedings against the'establishment' without adhering to the statutoryprovisions as stipulated under EPF Act and Scheme. Aninstance was brought before the EPF Appellate Tribunalwherein the Asst. Provident Fund Commissioner, Vapi(Gujarat) had recovered the amount of provident fund dueswithout complying the mandatory provision of section 8-Bof the EPF&MP Act. The Tribunal has taken serious viewof such non-compliance and further ordered appearance ofthe concerned APFC in person before the Tribunal alongwith the written explanation as to why he is not adheringto the provisions of law and why departmental proceedingsshould not be recommended against him? Such aberrationsare not few and far between but this has become thegeneral tendency among the Provident Fund Authorities todiscard the expected norms.

The employers have mostly been suffering in isolationand silence by the exercise of arbitrary and self-assumedpowers of the authorities which needs to be curbed. Theauthorities will have to be reminded from time to timeabout the provisions of section 166 of Indian Penal Codeproviding that 'Public servant disobeying law, with intentto causing injury to any person. - whoever, being a publicservant, knowingly disobeys the directions of the law as tothe way in which he is to conduct himself as such publicservant, intending to cause, or knowing it to be likely thathe will, by such disobedience, cause injury to any person,shall be punished with imprisonment for a term whichmay extend to one year, or with fine, or with both. Theprovision for penalty is certainly a deterrent for the lawabiding persons but it cannot be allowed to be arbitrarilyused. After all, even the discretionary power is to be usedwith circumspection and prudence. Arbitrariness of anytype is to be eschewed to inject the faith in the system.Strangely, those who are assigned the task of instillingfaith in the law, they themselves become the gross violatorsof the Act.


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The employershave mostlybeen suffering inisolation andsilence by theexercise ofarbitrary and self-assumed powersof the authoritieswhich needs tobe curbed.



NOTIFICATION

G.S.R. 440(E).- In exercise of powers conferred by section6a read with sub-section (I) of section 7 of the Employees'Provident Funds and Miscellaneous Provisions Act, 1952 (19 of1952), the Central Government hereby makes the followingscheme further to amend the Employees' Pension Scheme,1995, namely:-

1. (i) This Scheme may be called the Employees' Pension(Second Amendment) Scheme, 2016.

(ii) It shall come into force from the date of its publicationin the Official Gazette.

2. In the Employee' Pension Scheme, 1995 in paragraph 12,after sub-paragraph (7A), the following sub-paragraph shall beinserted, namely:-

(7B) (a) A member who has attained the age of fifty eightyears and is otherwise eligible for pension under clause (a) ofsub-paragraph (I) of this paragraph, if he so desires, may beallowed to defer the age of drawing pension later than fifty -eight years but no beyond sixty years of age.

(b) In such cases as is referred to in clause (a),-

(i) In amount pension shall be increased at the rate of four

percent, for every completed year after the age of fifty -eightyears which shall be restricted to the wage ceiling given underthe proviso to sub-paragraph (2) of paragraph 3;

(ii) The member, at his or her option, may also be allowed tocontinue contributions under paragraph 3 to the Employees'Pension Fund for the period for which the drawal of pensionhas been deferred, if the member is continuing in employmentafter the age of fifty-eight years, and the pensionable salary forthe purpose of determination of pension under sub-paragraph(2) will be reckoned taking into account the period for whichcontributions were made after the age of fifty-eight years butnot beyond the age of sixty years.

(iii) In the event of death of the member, who has opted fordeferring the age of drawing pension under this sub-paragraph, after attaining the age of fifty-eight year and beforethe commencement of the pension so deferred, the family ofthe member will be entitled to pension under clause (c) of sub-sub paragraph (I) of paragraph 16 from the date following thedate of death of the member as if the member monthly pensionhad commenced on the date of death of the member.

[F. No. R-15011/3/2016-SS-II]

MANISH KUMAR GUPTA, Jt. Secy.

Notification under Minimum Wages Act-U.P. Govt.

The Governor is pleased to order the publication of the following Englishtranslation of notification no. 04/2016/464/XXXVI-03-2016-931 (M.W.)/06

Dated April 06, 2016 for general information:

NOTIFICATION

No. 04 /2016/464/ XXXVI-03-2016-931 (M.W.)/06Lucknow. Dated April 06 , 2016

In exercise of the powers under section 27 of the Minimum Wages Act,1948 (Act no. 11 of 1948), the Governor after considering the suggestionsand objections received in pursuance of Govt. Notification no.06/2015/111/36-3-2015-931[M.W.]/2006, dated 06.04.2015 is pleased to add thefollowing employments in part-1 of the Schedule to the said Act witheffect from the date of publication of this Notification in the Gazette:- 68 Employment of Security Guard(s) including with or without Arms etc.

employed in any private security and placement agency.69 Employment in Sweeping and cleaning, excluding activities prohibited

under the 'Employment of Manual Scavengers and Construction ofDry Latrines (Prohibition) Act, 1993'.

70 Employment of Domestic Workers.71 Employment in Computer Hardware Industry and services.72 Employment in L.P.G. distribution and related services.73 Employment in Taxies, Auto Rickshaw/Tempo and Travel Agencies.74 Employment in Cable Operating and related services.75 Employment in Non-Governmental Organisation and related

Institutions.76 Employment in Sales Promotion (Industries Included or to be Included

Under Sales Promotion Employee (condition of service) Act, 1976).77 Employment in Hair cutting Saloon and Beauty Parlour (Ladies and

Gents) 78 Employment in Corporate offices 79 Employment in Call centre / I.T. Industries/ Tele calling services.80 Employment in Such Establishment not covered under any scheduled

By Order,(Dr. Anita Bhatnagar Jain)

Principal Secretary

EDLI Benefit increased up to Six Lakh

NOTIFICATION

New Delhi, the 24th May 2016G.S.R. 543 (E).- In exercise of the powers

conferred by section 6C read with sub-section (1) ofsection 7 of the Employees' Provident Funds andMiscellaneous Provisions Act, 1952 (19 of 1952), theCentral Government hereby makes the followingscheme further to amend the Employees' Deposit-linkd Insurance Scheme, 1976, namely:-1. (1) This scheme may be called the Employees' Deposit

- Linked Insurance (Amendment) Scheme, 2016.(2) It shall come into force on the date of itspublication in the Official Gazette.

2. In the Employees' Deposit Linked insuranceScheme, 1976, in paragraph 22.-(1) in sub-paragraph (3), for clause (i), thefollowing shall be substituted, namely:-(i) the average monthly wages drawn (subject to a

maximum of fifteen thousand rupees), during thetwelve months preceding the month in which he died,multiplied by thirty times plus fifty per cent, of theaverage balance in the account of the deceased in theFund or of a provident fund exempted under section17 of the Act or under paragraph 27 or 27A of theEmployees' Provident Funds Scheme, 1952 as the casemay be, during preceding twelve months or duringthe period of his membership, whichever is less,subject to a ceiling of one lakh and fifty thousandrupees, subject to a total ceiling of six lakh rupees:";

(2) in sub-paragraph (4), for the words, bracketsand figures "sub-paragraph (1), (2) or (3)", the words,brackets and figures "sub-paragraph (1) or (2)", shallbe substituted.

[No.S-65013/2/2015-SS-II]MANISH GUPTA. Jt. Secy.

GovernmentNotifications

Employees' Pension (Second Amendment) Scheme, 2016


One day the telephone wasringing at 6am and it was an earlymorning first call to pick up. Themoment telephone receiver islifted, the HR Manager over heardthe shouting of slogans. Thesecurity man from the other sidewas telling in a loud voice to offsetthe noise "Sir, the workmen struckwork and gathered at factory gateshouting slogans. The HR Manageris perplexed over the suddendevelopment. He never expectedand did not have even iota ofdoubt or suspicion about thisunimaginable and haywiredevelopment of the IR Problem.Slowly realizing the need to knowthe details and combat thesituation before it furtherdeteriorates, the HR Managerasked the security man" what isthe reason the workmen aretalking about for the sudden strike.The security man said "Sir, theissuance of leave card". This isanother rude shock to the HRmanager. The workmen struckwork on this trivial issue. The HRManager rushed to the factory totake stock of the situation and toinitiate damage control measures.

A Professional Companywith human approach

This is a real story without anyfrills added.An account of events inthis case will certainly place any HRManager in a dilemma. A companyat Hyderabad leader in theirbusiness employs about threehundred employees on regularrolls and about another twohundred as contractor's workmen.The company pays decent salarieswith all statutory and many nonstatutory benefits to theiremployees besides good workingenvironment. As per the trainingscheme of the company, a personwithout any technical qualificationwill be taken as trainee for twoyears and his regularisation isconsidered subject to satisfactoryperformance and vacancies fromtime to time.A person was taken astrainee under the scheme and oncompletion of two years trainingwith satisfactory performance, themanagement is considering hiscase for regularisation: while theprocess is on sudden developmentthat took place had completelychanged the situation and led toproblems for both managementand the trainee.

Sudden sickness- the root cause of the problemA bolt from the blue had fallen and the dreams of regular employment to the

trainee person were dashed off by a sudden illness that was finally diagnosed asgullian barre syndrome.The lower limbs of the person were completely paralysedand he was in a state of immobility.The company covered him under ESI Scheme.However the management with human consideration arranged treatment insuper speciality hospital.The management assured the payment of medical billsby the company .After one month of in house treatment he was advisedphysiotherapy at home and fortnightly check up and treatment at the hospital.The company purchased physiotherapy equipment for regular exercises at homeand arranged a car with assistance of one employee to go for treatment as per theadvice of the doctor's .Finally, the person recovered half way after two years oftreatment.Surprisingly on approaching the ESI doctors fitness certificate is given.

Trade unions approach to the problemThe trade unions in the company never bothered even to visit the patient

when he was in the hospital. The proposal of HR Manager to work extra on aSunday to contribute the extra day's wages for the help and medical expensesof the person was initially turndown stating that he was only a trainee. It wasfinally agreed to after a lot of persuasion by the HR Manager. One day wagescontributed by the workmen with matching contribution from themanagement will only meet half of the expenditure.The management paid theshortfall amount. In fact the management is not under obligation to arrangetreatment in super speciality hospital. A person under training with ESIcoverage can be sent to ESI hospital for treatment as its obligation. Themanagement took pains and arranged super speciality treatment onhumanitarian consideration as the facilities at ESI hospital are hopelesslyinadequate. The restrictions on the expenditure by the ESI authorities forreimbursement of expenses will certainly put treatment in jeopardy and theprocess of treatment leaving the person with life long disability. Mean whiletrade union elections were held and the elected recognised union came intopicture with a demand to regularise the person as workman.The managementis still in a dilemma whether to regularise him with all his not fully cured illnessand so called fitness certificate. A second opinion sought from another doctoron the fitness of the person reveal that he is not fit. He is not able to walkproperly with the help of support systems. It is really preposterous to considerthe demand of the union that such a person is taken as workman on the shopfloor. Conceding to the demand of union would certainly endanger the life ofworkman.However the management is considerate and magnanimous enoughto accommodate the person as regular employee. It is not a question of unionsdemand or management's acceptance ultimately it is the life of the person atstake if he is considered for shop floor employment. The magnanimity of themanagement prevailed over the petty politics of the union and his case isconsidered for a white collar employment as data entry operator after duetraining and therefore he is in the white collar staff category in the company.

HR Manager’s Dilemma

The HR Manager was initially not able to understand the demand of theunion as to why they were asking for workman status of the person. As he wasdigging deep into the issue it is astonishing to note that workman has a votingright in the union elections whereas staff category employees are not part ofany union and union elections in the company. There is a practice in thecompany to issue two different colour leave cards separately to the staff andworkmen. The person in question is given training in computer operation andentrusted with stress free light job in the interests of his health and well being.When the management is almost about to give a leave card to him that ismeant for staff , the union made it an issue and resorted to strike without notice.Of course the industry is not a public utility service under the provisions of theIndustrial Disputes Act 1947. The strike in a company is really agonising andintriguing experience to any HR Manager. In the above circumstances-

1.Whether the approach and the actions of the management in this case are right.2.Whether the union is justified in their demand and action.3.What is the course of action suggested to resolve the strike?4.What measures or approach should be taken to avoid recurrence of suchincidents?


Case Study

HR-IR Dilemma of a Manager

P. Soma RajuSpecialist HR, ER, Labour Laws

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In any organization, every issuerelated to labour, whether it issmall or big in nature have its ownimportance and if not tackledproactively or damage controlmeasures not taken timely, even asmall issue like issuance of leavecard may lead to strike andproduction loss to theorganization.

As per the company policy, aperson, without any technicalqualification will be taken astrainee for two years and hisregularization is consideredsubject to satisfactoryperformance and vacancies fromtime to time. Person taken astrainee under the scheme and oncompletion of two years trainingwith satisfactory performance, themanagement was considering hiscase for regularization but suddenillness of the person changed thewhole scenario in a differentmanner. Company, where theperson was taken as a trainee, is aleader in their business andknown for decent salaries with allstatutory and many non-statutorybenefits to their employeesbesides good workingenvironment. As per the statutorycompliance, management wasnot under any obligation forarranging the treatment in superspecialty hospital but this was thepositive approach and clearintention of management byadmitting him to a SuperSpecialty hospital and alsoensuing the timely payment ofmedical bills and arrangingphysiotherapy treatment at homeand purchasing newphysiotherapy equipment athome.

From very first day of trainee'sillness, when he was admitted tothe hospital trade union neverbothered even to visit the patientat hospital but suddenly gotinterest in his case. Union in anyorganization plays a vital role andmay lead to positive environmentby their intentions and actions. Ifwe talk in Indian context, many ofthe union leaders have notproperly understood the roles andresponsibility of unions and alwayskeen to increase membership ofunion members.Unions and unionleaders must have to understandthe changing industrial scenarioand view point of managementtowards workmen. Now a day's

management is more concerned about decent salaries, work satisfaction,employee engagement,and implementation of different non statutory welfarefacilities to the workmen and extended even to their family members.

With the change of whole scenario, where the management is taking theinitiative for developing productive work environment, it becomes the moralresponsibility for union leaders to motivate their members to make thecongenial work environment and put the best efforts in making theorganization great place to work.

Rights and Responsibility never come alone. If union can talk about theirrights, at the same time it is expected from union leader to understand theirresponsibility towards organization also. In my opinion having a positiveUnion Leader and Union/s at organization may lead the organization to nextlevel, in terms of organizational productivity, employee discipline, employeewelfare and engaged work environment.

So, demand of union leaders for taking the person on duty on false fitnesscertificate and making him on roll of company in workman category is neverjustified and against laid policies and procedures of the company.

Here, we see two separate aspects: First is, after having treatment for twoyears and surprisingly fitness certificate given by the ESI doctors and thesecond opinion from another Doctor on the fitness of the person reveals thathe is not fit. So taking him on duty under the pressure of union as a workmanat shop-floor will certainly endanger the life of workman.

Second aspects is, even after knowing the whole situation and conditionof the person, demand by the union to regularize him as workman on shopfloor, is totally unjustified and inhuman.The only intention of the union leadervisible is to increase the membership of union at any cost.

Sometime, it is also understood that more the liberal management is,union leaders tend to take unreasonable/ unethical benefit of the same. Inwhole episode, right from taking the person as a trainee and management'saction and support the person during his illness, never showed any badintention on management part.

Even after, persuasion by the union for taking him on roll, managementhas considered the case for a white collar employment as a data entryoperator, light work, which is more favorable for him.

Following actions are suggested for resolving the strike:

1. Management should issue a notice to union leader regarding illegal strikeas per the provisions of Industrial Dispute Act, 1947.

2. After issuance of notice, Management may call the union leader andshould make an attempt to convince them about the situation and threatsinvolved in regularizing the person as a workman at shop floor.

3. If, even after making an attempt for convincing the union leader foramicable solution of the issue, the union leader does not understand,management must clear their intention to the union leader that theirdemand for taking the person in workman category and issuance ofworkman category leave card is not just and totally inappropriate.

4. Show the fair & firm approach, again communicate the union leaders andworkers involved in illegal strike regarding "no work, no pay" principle.

5. All such communications and initiatives taken by the management forsolution of Industrial unrest at organization must be marked togovernment competent authority of the region under Industrial DisputesAct.

Following measures can be taken to avoid recurrence ofsuch incidence:1. Too much welfare facilities, liberal behavior of management, sometime

lead to unreasonable demands by the union leaders.2. Every Industrial Unrest is different in nature and no thumb rule is possible

for solution of industrial unrest.3. It is always advisable to the management to be clear in their thoughts and

actions towards the demands of union.4. Management must show the "fair and firm approach" towards dealing with

such or similar kind of cases or unreasonable demands of union.

Case Analysis

Fair & Firm Approach will work!

Bhaskar DhariwalManager - HR & ER, ESSAR

POWER BUSINESS, JAMNAGAR

BM

Chris Guillebeau knows better than most that there’s no single model for what a dream career shouldlook like. After all, he has enjoyed a lifetime of meaningful self-employment as an author, entrepreneurand modern-day explorer, with ‘job’ that have included visiting every country in the world.The

international bestselling author of The $ 100 Startup shows ushow to enjoy greater career success and personal fulfillmentby finding the work we were born to do, whether within atraditional company or business, or by striking out on ourown. In the book the author shows how to create your ownself-styled career, offering a practical, step-by step guide forfinding the work that feels so perfect it doest not even feellike work; whether by launching a ‘side hustle’ that turns apassion into a profitable business or winning the careerlottery’by finding a dream position within a traditionalorganization.The book consists of two major sections. In thefirst section, you’ll master a series of lessons that will help youunderstand what you want and how to get it. In the second

section, you’ll explore a menu of options designed to help you implement those lessons through avariety of strategies and tactics. Everything you’ll learn in both sections is highly practical. Noteverything will apply to you, but that’s okey-it’s a big Book. Choose what excites you, and focus onwhat will bring you closer to your goals.This book will also challenge many popular beliefs about theway we live and work. As you’ll see, some of these conventional assumptions about what a dreamcareer should look like are misguided or simply wrong. Fortunately, there’s a better way, a way that willlead you to the work you were born to do.This book will help you find it.

BORN FOR THISAuthor : Chris GuillebeauPublisher : MacmillanPrice : Rs. 599/-Website : www.panmacmillan.com

Incredible HR by Sandip Grover is not a mere another book on Human Resource Management. It islike a refreshing course for all HR professionals.While going through the pages of the book to feellike siting before a seasoned HR professional and listening his learnings from his hands on

experience which he gained throughout his life byinteracting people at different levels in different workcultures.

As you read the book page by page, you get carried awayby the simple language.The memoirs of the author iscertainly going to help younger generation who aspire totest their capabilities in HR field.

The author has rightly stressed the need for present dayHR persons to get some exposure to the plant level HRMincluding managing industrial relations and thiscombination makes them complete.

His illustrations in the book bring more clarity to his thoughts. One common thread that you wouldnotice in all the interventions instead in the book is his endeavor to treat each one of those as ifauthor’s life is hanging of those.

An interesting read for all HR people.

INCREDIBLE HRAuthor : Sandip GroverPublisher : POSSIBLERS, D-55, Jor BaghLane, New Delhi-110 003Price : Rs. 250/-Website : www.possiblers.com



Book Learning

HR News

SELF MANAGEMENT & HR

BM

BM

165 employees, not satisfied with theVRS scheme, have been staging arelay sit-in in front of the HMT atRanibagh (Uttarakhand) factory forthe past one year.

The Central government may havedecided to shut the 31-year old HMTWatches factory but struggle for survivalcontinues for the remaining 165 employeesof the factory in the Kumaon region ofUttarakhand. For the past one year, theyhave been staging a relay sit-in in front ofthe factory, spread over an area of 99 acres.The factory began production in 1985. Overthe years, the strength of the workers inthe factory has been reduced to 165 from1250 in the wake of the various voluntaryretirement scheme (VRS) and alleged

retrenchments. Inside the factory, all theproduction units have been closed downcompletely. "We are here to comply with thecentral government's order to close thefactory," said a top official of the companyon condition of anonymity. There is noactivity inside the factory these days. Since1990s, the factory was running in losses.

The only activity as at the front of themain gate of the factory where over twodozen employees had been staging relaysit-in on a daily basis for years. Theemployees say they are seeking a review ofthe VRS scheme which has been offered tothem. "We want more attractive packagesfor which we are ready to go to any extent,"said Mukesh Tiwari, Secretary of theHMT Kamgaar Sangh. Tiwari said the

employees are also exploring variousoptions such as approaching centralleaders for the revival of the factory. Butthe employees have also startedreconciling with the fact that the decisionon the closure may not be taken back. Theemployees are also exploring legal options."If every thing fails, we will move the highcourt. This will be our last resort," saidPrem Singh Sahi, vice president of theUnion. The employees are also demandinga central bureau of investigation (CBI)probe into the alleged disappearance ofover one crore watches over the years fromthe factory. "Records show nearly one crorewatches could not be traced," claimedSahi. This is also being seen as one of thereasons for the losses of the unit.

HMT Factory to be shut down, employees continue dharna for better VRS



HR News

Soon, managements of companieswill have to recognise a trade unionthat has the support of at least two-thirds or 66 per cent of workers, ifthe proposed Industrial RelationsCode is enacted. Currently, there areno norms for recognising unions.

A union proving the requisite amountof support will also be considered as therepresentative body of workers to engagein dialogue with the management in caseof a dispute. The revised Bill, containingthis provision, has been sent for approvalto the law ministry by the labourministry. In case no union garners theprescribed majority, the Bill provides forthe formation of a collective bargainingcouncil, where different unions will sendtheir representatives. In such a case, aunion gets a seat on the council for every10 per cent of votes. Unions that do notget at least 10 per cent votes would not beincluded in the council. Currently, thereis no law that makes it mandatory formanagements to recognise a trade union.

Although there is a fundamental right toform unions and a statutory right to get itregistered, there is no correspondinglegal obligation on the employer torecognise a trade union, whetherregistered or not, even if they truly arerepresentative. "Recognition of a trade

union is very different from registration.There have been numerous cases beforetribunals where the management hasrefused to recognise a union as thebargaining body of workers. Thisprovision will benefit both employersand workers as this will ensure a smoothdialogue process," said a senior labourministry official.

According to another ministry official,trade unions had objected to the originalproposal of allowing a union that haseven a per cent of votes higher than thesecond largest union as the solenegotiating agent during tripartitenegotiations. For instance, in a situationwhere one union gets 41 per cent vote andthe other 40 per cent, the second largestunion with 40 per cent would havebecome irrelevant. "They felt that itwould have rendered a union with 40 percent support useless and render smallerunions without bargaining power," theofficial said.

Trade Union with two-third majority to become workers' representative

ProposalIn case no single union has a majority, acollective bargaining council will be formedwith representation from all unions

Trade unions will get one seat on the

council for every 10 per cent of votes, if no

union has a majority

This is to ensure that small trade unions,

too, have a say

At present, there is no law mandating the

recognition of trade unions by

managements

Labour ministry feels this will help in speedy

resolution of industrial disputes

India's leading fashion & lifestyleetailer, Myntra has appointedManpreet Ratia as its Chief PeopleOfficer and Head of New Initiatives.In his new role, he will be drivingkey HR functions with a focus ontalent acquisition and retention forvarious levels and verticals. He willalso drive new business initiativeswhich will help strengthen andgrow Myntra's leadership positionin the online fashion industry.

An alumnus of XLRI Jamshedpur,Manpreet has over 20 years of leadershipexperience from domains such as

Financial Services and E-Commerce inIndia, United Sates and Asia - with a trackrecord of building businesses,turnarounds and creating value andunique experiences for customers. He isalso known for his collaborative leadershipstyle and a penchant for new technologiesin order to create differentiation. Manpreetjoins Myntra from Amazon (India) wherehe was Director & Head of Last MileOperations and where he successfullyleveraged technology, new business anddelivery models to ensure best in classdelivery experience for customers andoptimum cost models for Amazon.

Manpreet Ratia is new CHRO of Myntra

Employees at the Renault Nissanalliance plant in Oragaddam will gethighest pay increase the autoindustry has ever seen after theemployees union signed a 3 yearagreement with the management.

According to the agreement, all 3,750employees will get a flat increase of Rs19,100 per month at the end of the thirdyear. The employees are currentlyearning an average of Rs 33,000 permonth, thus bagging a 57% hike. Theagreement, effective from 1 April 2016entails a host of benefits for theemployees of the Renault-Nissan alliance.Besides the rise, the employees will becovered under group term insuranceworth 2 times of cost-to-company or Rs 15lakh, whichever is higher. They will alsobe eligible for medical insurance upto Rs

2 lakh, parents and dependants included.Car market leader Maruti has signed theagreement at Rs 16800 average. Hyundaihas agreed a range between Rs11000 to Rs19500 for its employees. Next doorneighbor pays Rs 15700 increased pay toits employees. Apart from the monetarybenefits, the management has agreed tofacilitate creation of an employeetownship near the factory. A supermarketwill be set up within the factory. Hailingthis as a landmark agreement, sourcessaid no company has paid this far. InFebruary 2016, Hyundai completed itsnegotiations with its union, giving hikesranging from Rs 7,000-Rs 19,500 dependingon the cader. In September last year,India;s largest carmaker, Maruti raisedwages by Rs 16,800 per month while Fordannounced a Rs 15,700 hike per month.

Renault Nissan workers settle for 19,700/- wage increase

Only offers, no jobs atL&T Infotech

India's sixth largest software exporter L&TInfotech, a subsidiary of engineering giantLarsen & Toubro, has withdrawn offer lettersto around 1,500 students in south India.These students, mostly from the 2015batches of various Tamil Nadu colleges, hadbeen hired through campus placements andsubsequent tests.

The withdrawal of offer letters is an indicationthat the company might have overestimated itsfuture business after giving offer letters. Thecompany, though, cited the 'poor performance'of the students in a second online testconducted in March this year for withdrawingthe offer letters.

For 18 months, the students were 'benched'by the company. After several rounds of talks,the company held another online test in Marchthis year. "Almost 90 per cent of the 1,500 peoplewho appeared for the test were not qualifiedand it clearly shows that the intention was not tohire them," he said. This is the first time that anIndian information technology (IT) servicescompany has asked recruits to appear foranother round of test after campus selection.Under placement rules, a student cannotapproach a rival company after accepting anoffer letter at a campus recruitment. This clauseblocked many candidates from approachingother companies.

A placement officer from one of the colleges,where L&T Infotech recruited candidates, saidthe company wrongly assessed the manpowerrecruitment and recruited heavily. Later, to coverits mistake, they conducted another test anddisqualified many people. "We made a couple ofrepresentations but they did not reply andnobody in the company wants to takeownership. Legally, they may be on the rightwicket, but morally they aren't," said an AnnaUniversity official.

July-16

Documents

Transcript of July-16