Page 242 - DMGT406_HUMAN_RESOURCE_MANAGEMENT

Unit 13: Industrial Relations

women in the workplace. In other words, it forbids employment discrimination. It requires Notes
the elimination of any bias in personnel activities.
An affirmative action program contains quantitative analyses designed to evaluate the
composition of an organisation's workforce and compare it to the composition of the
relevant external labor pools. The principle of affirmative action is to treat unequals as
equals. Affirmative action is seen in many countries, especially in democratic societies
such as India. It seeks to redress imbalances, due to disproportionate representation of
underprivileged sections of society in workforce.



Case Study Workmen's Compensation

r. Nandkishore is a workman employed in the despatch department of a cement
factory. The factory is located in one of the towns of a politically sensitive state.
MIt employs about 1,500 employees besides the managerial staff. The annual
turnover of the company is around 150 crores and its capacity utilisation is 75 per cent.

The factory has three unions besides a security staff association and a management
association. For eight years, only one union has been recognised, on the basis of its "claim"
that it has the largest following of workmen. Continued recognition of a single union led
to strained relations between the two unrecognised unions and the management and also
among the unions themselves.
Mr. Nandkishore is an office-bearer of one of the unrecognised unions. The industrial
relations situation in the factory has been fluctuating from periods of harmony to periods
of disturbances.
On December 10, 1988, Mr Nandkishore fell down from the ladder, while working during
the second shift. The accident resulted in serious injury to his right arm. He was admitted
in a government hospital for treatment. An accident report was sent to the commissioner
under Workmen's Compensation Act, to determine the amount of compensation, if any,
to be paid to Mr. Nandkishore for the loss, and payment of any advance to the injured
workman for covering medical expenses. It also stated that the above amount may be
deducted from the compensation which Mr Nandkishore may get, according to the
commissioner's decision. The management paid 3,000 as advance, after obtaining a
written undertaking from the union that this amount will be deducted from the
compensation payable. The union also agreed to this condition. It also arranged for the
release of 2,000 from the Labour Welfare Fund.
The medical officer treating the workman submitted a report in February, 1989. The
medical report did not mention any kind of disablement (Full/partial, temporary/
permanent) to the workman. The commissioner, after processing the case and studying
the report, ruled that the workman, Mr Nandkishore shall be paid only half-monthly
wages for these two months against his request for compensation as there was no
permanent or partial disablement.
On receipt of this report from the commissioner, the management asked the workman to
repay 3,000 given as an advance and requested the union to do the needful in this regard.
The union, however, contended that since the accident occurred during and in the course
of employment, the management must treat it as ex-gratia payment and that it should not
demand its repayment as the money was used for treatment. The management, however,
Contd...

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