PERFORMANCE BANK GUARANTEE
To,
Bank Guarantee No. :
Bank Guarantee Date :
Bank Guarantee Amount :Rs.
Bank Guarantee Expiry Date:
THIS DEED OF GUARANTEE made this _______ day of _________, 2007 by …………………………………………………………………….…… (mention name of the Bank) having head office at………………………….. and a branch office at………………………………… (hereinafter called the “Guarantor” or the “Bank”, which expression shall, unless repugnant to the context or meaning thereof includes its successors and assigns) in favour of ……………………………(name of the Company) having its registered office at __________________ and corporate office at Trade World, B-9, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai – 400 013 (hereinafter called the “Buyer”, which expression shall, unless repugnant to the context or meaning thereof includes its successors and assigns).
WHEREAS M/s ………………………………, a company registered under the Companies Act, 1956 and having its Registered office at ___________________ ____________________________________________ (hereinafter referred to as the “Supplier”, which expression shall, unless repugnant to the context or meaning thereof includes its successors and assigns) was issued a Purchase Order No. / Letter of Intent ………………, dated ……………….. by the Buyer on the terms and conditions setforth in the said purchase order/letter of intent as modified from time to time (hereinafter referred to as the “Contract”), for supply of the goods as mentioned in the Contract for a total consideration of Rs………………..
AND WHEREAS in terms of the said Contract, the Supplier has agreed to furnish to the Buyer, the security by way of Bank Guarantee (hereinafter called the “Performance Guarantee”) by a nationalized bank for a sum of Rs…………….. (Rupees…………………………………………..only) being the amount equivalent to ……% of the value of the Contract, as security for due performance and compliance by the Supplier of its obligations in accordance with the Contract.
AND WHEREAS at the request of the Supplier, the Bank has furnished this Bank Guarantee in the manner hereinafter appearing.
NOW THE DEED WITNESSETH AS FOLLOWS:
1. For the valuable consideration received, the receipt and sufficiency of which is hereby acknowledged, the Guarantor hereby undertake and irrevocably and unconditionally guarantees to pay without any demur to the Buyer, on first demand, an amount not exceeding Rs…………………..(Rupees …………………only), without any protest or proof or satisfaction or without reference to the Contract or without the Buyer needing to prove or to show grounds or reasons for its demand for the sum specified therein, against any losses or damages caused to or suffered or would be caused to or suffered by the Buyer, by reason of non-fulfillment of the obligations of the Contract on the part of Supplier and further agrees to indemnify and keep the Buyer indemnified against all costs, charges and expenses whatsoever, which the Buyer may incur by reason of the Supplier failing to perform the obligations under the Contract.
2. The Guarantor hereby gives guarantee and declares that its liability under this Guarantee shall extend to the payment of the whole of and every part of the guarantee amount viz. Rs. ………………/- (Rupees …………………………only) paid by the Buyer to the Supplier as provided for in the said Contract.
3. Any demand so made on the Guarantor by the Buyer shall be conclusive as regards the amount due and payable by the Guarantor under the Guarantee. The Guarantor neither shall be entitled to any recourse to the Supplier nor shall be entitled to any defense or plea for any reason whatsoever to give effect to this Guarantee. To give effect to this Guarantee, the Buyer may act as though the Guarantor were principal debtors.
4. The Guarantor further agrees that the Buyer shall be the sole judge of whether the Supplier has committed any breach of any of the terms and conditions of the Contract and the extent of losses, damages, costs, charges and expenses suffered or incurred or would be suffered or incurred by the Buyer on account thereof.
5. Should it be necessary to extend the Guarantee beyond the date of expiry of this Guarantee on account of extension of the time being granted by the Buyer to the Supplier for the due fulfillment of the obligations under the Contract by the Supplier, the Bank undertakes to extend the period of this Guarantee until such time as may be reasonably required.
6. The Bank shall not revoke this guarantee during the currency except with the previous consent of Buyer and also agree that any change in the constitution of the Supplier or the Bank’s constitution shall not discharge the Bank’s liability hereunder.
7. This Guarantee shall not in any way be affected by the Buyer taking or varying or giving up any securities from the Supplier or any other person, firm or company on the Supplier’s behalf or by the winding up of the Supplier.
8. The Bank shall not be released from its obligations under these presents by any exercise by the Buyer of its liberty with reference to the matter aforesaid or any indulgence shown by the Buyer or by any other matter or thing whatsoever under the law would, but for this provision have the effect of releasing the Bank.
9. The Bank further agrees that no changes or addition to or other modification of the terms of the Contract or of the equipments to be supplied thereunder or any of the Contract documents, which may be made between the Buyer and the Supplier shall in any way release the Bank from any liability under this Guarantee and the Bank hereby waives notice of any such change addition or modification.
10. Buyer’s right to recover the said amount of Rupees ………………/- (Rupees ………………………………………….Only) from the Bank as aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the Supplier and / or that any disputes or disputed matters are pending before any officer, tribunal or court or arbitration and any such demand made by Buyer shall be final and binding on the Bank.
11. Subject to the maximum limit of the Guarantor’s liability as aforesaid, this Guarantee will cover all the Buyer’s claim or claims against the Supplier from time to time arising out of or in relation to the Contract and in respect of which the Buyer’s demand or notice in writing be received by the Guarantor.
12. The Bank confirms that it has the power to issue this Guarantee in favor of Buyer and the issuance of this Guarantee has been duly authorised by the Bank and the undersigned has full power and authority to act for and on behalf of the Bank in respect of this Guarantee.
13. All cost and expenses incurred by Buyer in connection with this Bank Guarantee or the Bank’s obligation to pay hereunder, shall be borne by the Bank and shall be paid to Buyer promptly and not later than two business days of the date of demand made by Buyer.
14. This Guarantee shall remain in full force and effect during the period of currency of the Contract until Buyer discharges this Guarantee and shall remain in force upto____________ unless a demand is made on the Guarantor on or before the date of expiry of this Guarantee.
15. This Guarantee shall be governed by the laws of India and the Court in Mumbai shall have exclusive jurisdiction.
Notwithstanding anything contained herein :
(i) Our liability under this guarantee shall not exceed Rs. …………. (Rupees ……………………only). This bank guarantee shall be valid upto _________________.
(ii) The Guarantor shall be liable to pay the guaranteed amount or the reduced guarantee amount or any part thereof under this guarantee only and only if Buyer serves upon us a written claim or demand on or before __________________.
In witness whereof the Guarantor has executed these presents on the date and place above written.
Signed and delivered by the within named ……………….(name of the Bank) represented by its authorized representative (name and designation of manager executing the guarantee) in the presence of (witness).
Dated this _________ day of ____________
Monday, July 21, 2008
Friday, July 11, 2008
Indian Statutes/ Bare Acts
INDIAN STATUTES/BARE ACTS
--------------------------------------------------------------------------------
| A |B | C | D | E |F | G | H |I | J |K | L | M | N | O | P | Q | R | S | T | U |V |W |X | Y | Z |
THE ADMINISTRATION OF EVACUEE PROPERTY ACT, 1950
Additional Duties of Excise (Goods of Special Importance) Act
Additional Duties of Excise (Textiles and Textile Articles) Act
Additional Emoluments (Compulsory Deposit) Act
Administrative Tribunals Act
Administrative Tribunal (Amendment) Act
Administrators-General Act
Advocates Act
Advocates’ Welfare Fund Act
African Development Bank Act
African Development Fund Act
Agricultural and Processed Food Products Export Development Authority Act, 1985
Agricultural Produce (Grading and Marking) Act
Agriculturists' Loans Act
Aircraft Act
Airports Authority of India Act
Air Corporations (Transfer of Undertakings and Repeal) Act
Air Force Act
Air (Prevention and Control of Pollution) Act
Air (Prevention and Control of Pollution) Amendment Act
Ajmer Tenancy and Land Records Act
Aligarh Muslim University Act
All-India Council for Technical Education Act
All-India Institute of Medical Sciences Act
All-India Services Act
All-India Services Regulations (Indemnity) Act
Aluminium Corporation of India Limited (Acquisition and Transfer of Aluminium) Undertaking Act
Amritsar Oil Works (Acquisition and Transfer of Undertakings) Act
Anand Marriage Act
Ancient Monuments and Archaeological Sites and Remains Act
Ancient Monuments Preservation Act
Andhra Pradesh and Madras (Alteration of Boundaries) Act
Andhra Pradesh and Mysore (Transfer of Territory) Act
Andhra Pradesh Legislative Council Act, 2005
Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act
Andhra State Act
Anti-Apartheid (United Nations Convention) Act
Anti-Corruption Laws (Amendment) Act
Anti-Hijacking Act
Antiquities and Art Treasures Act
Apprentices Act
Arbitration and Conciliation Act
Architects Act
Armed Forces (Emergency Duties) Act
Armed Forces (Jammu and Kashmir) Special Powers Act
Armed Forces (Punjab and Chandigarh) Special Powers Act
Armed Forces (Special Powers) Act
Armed Forces Tribunal Act
Arms Act
Army and Air Force (Disposal of Private Property) Act
Arya Marriage Validation Act
Asian Development Bank Act
Asian Refractories Limited (Acquisition of Undertakings) Act
Asiatic Society Act
Assam (Alteration of Boundaries) Act
Assam Criminal Law Amendment (Supplementary) Act
Assam Municipal (Manipur Amendment) Act
Assam Reorganisation (Meghalaya) Act
Assam Rifles Act
Assam Rifle Act
Assam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act
Assam University Act
Atomic Energy Act
Actquaries Act
--------------------------------------------------------------------------------
| A |B | C | D | E |F | G | H |I | J |K | L | M | N | O | P | Q | R | S | T | U |V |W |X | Y | Z |
THE ADMINISTRATION OF EVACUEE PROPERTY ACT, 1950
Additional Duties of Excise (Goods of Special Importance) Act
Additional Duties of Excise (Textiles and Textile Articles) Act
Additional Emoluments (Compulsory Deposit) Act
Administrative Tribunals Act
Administrative Tribunal (Amendment) Act
Administrators-General Act
Advocates Act
Advocates’ Welfare Fund Act
African Development Bank Act
African Development Fund Act
Agricultural and Processed Food Products Export Development Authority Act, 1985
Agricultural Produce (Grading and Marking) Act
Agriculturists' Loans Act
Aircraft Act
Airports Authority of India Act
Air Corporations (Transfer of Undertakings and Repeal) Act
Air Force Act
Air (Prevention and Control of Pollution) Act
Air (Prevention and Control of Pollution) Amendment Act
Ajmer Tenancy and Land Records Act
Aligarh Muslim University Act
All-India Council for Technical Education Act
All-India Institute of Medical Sciences Act
All-India Services Act
All-India Services Regulations (Indemnity) Act
Aluminium Corporation of India Limited (Acquisition and Transfer of Aluminium) Undertaking Act
Amritsar Oil Works (Acquisition and Transfer of Undertakings) Act
Anand Marriage Act
Ancient Monuments and Archaeological Sites and Remains Act
Ancient Monuments Preservation Act
Andhra Pradesh and Madras (Alteration of Boundaries) Act
Andhra Pradesh and Mysore (Transfer of Territory) Act
Andhra Pradesh Legislative Council Act, 2005
Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act
Andhra State Act
Anti-Apartheid (United Nations Convention) Act
Anti-Corruption Laws (Amendment) Act
Anti-Hijacking Act
Antiquities and Art Treasures Act
Apprentices Act
Arbitration and Conciliation Act
Architects Act
Armed Forces (Emergency Duties) Act
Armed Forces (Jammu and Kashmir) Special Powers Act
Armed Forces (Punjab and Chandigarh) Special Powers Act
Armed Forces (Special Powers) Act
Armed Forces Tribunal Act
Arms Act
Army and Air Force (Disposal of Private Property) Act
Arya Marriage Validation Act
Asian Development Bank Act
Asian Refractories Limited (Acquisition of Undertakings) Act
Asiatic Society Act
Assam (Alteration of Boundaries) Act
Assam Criminal Law Amendment (Supplementary) Act
Assam Municipal (Manipur Amendment) Act
Assam Reorganisation (Meghalaya) Act
Assam Rifles Act
Assam Rifle Act
Assam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act
Assam University Act
Atomic Energy Act
Actquaries Act
consumer awareness
Important Information
CONSUMER PROTECTION ACT, 1986
INFORMATION RELATED TO MINISTRY OF CONSUMER AFFAIRS & PUBLIC ISTRIBUTION
PROCEDURE OF FILLING COMPLAINT
MODEL FORMS OF COMPLAINT
MODEL FORM OF APPEAL
INDIAN STANDARDS INSTITUTION (ISI)
MAJOR CONSUMER ORGANISATIONS
NATIONAL CONSUMER HELPLINE
MAJOR VOLUNTARY CONSUMER ORGANISATIONS IN INDIA & ABROAD
PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980
THE CONSUMER PROTECTION RULES 1987
CONSUMER PROTECTION ACT, 1986
INFORMATION RELATED TO MINISTRY OF CONSUMER AFFAIRS & PUBLIC ISTRIBUTION
PROCEDURE OF FILLING COMPLAINT
MODEL FORMS OF COMPLAINT
MODEL FORM OF APPEAL
INDIAN STANDARDS INSTITUTION (ISI)
MAJOR CONSUMER ORGANISATIONS
NATIONAL CONSUMER HELPLINE
MAJOR VOLUNTARY CONSUMER ORGANISATIONS IN INDIA & ABROAD
PREVENTION OF BLACKMARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980
THE CONSUMER PROTECTION RULES 1987
RENT AGREEMENT
RENT AGREEMENT
Note: This format has been prepared as applicable to flats. The word "flat" can be substituted with the type of property for which this document is being executed. Similarly, the name of the concerned authority can also be changed as applicable. For the sake of convenience, we have italicized such words.
This Rent Agreement is made on this __________ day __________ 20__ between Shri/Shrimati/Kumari __________ son/daughter of __________ resident of __________ (hereinafter called the Lessor/landlord of one part) and Shri/Shrimati/Kumari __________ son/daughter of __________ resident of __________ (hereinafter called the Lessee/Tenant of the other part).
The expression Lessor and Lessee will mean and include their heirs, successors, executors, administrators and assigns.
Whereas the Lessor is the owner and in possession of Flat No. __________ situated in the layout plan of the __________ __________ built on plot no. __________ hereinafter referred to as the demised premises and is desirous of letting out the said flat to the lessee and the lessee is ready and willing to take the same on rent from the Lessor on the terms and conditions herein contained.
Now, therefore, it is mutually agreed between the parties as under:
1.
That the Lessor has given on rent to the Lessee Flat no. __________ __________ known as __________ __________.
2.
That the tenant has financed the landlord towards the purchase of the said flat for which he will not be charging any interest and at the same time tenant shall not be paying any rent to the landlord for residing in the flat.
3.
That the lease shall be for _____ years and stand renewed automatically thereafter at the sole discretion of the Lessee and the Lessor shall have no option to cancel the lease.
4.
That the Lessor has handed over the actual and physical possession of the demised premises to the Lessee and the Lessee shall always enjoy the peaceful and uninterrupted possession of the demised premises.
5.
That the landlord shall have no objection if the tenant makes any additions or alterations in the existing flat. All maintenance and repair charges would be borne by the tenant. The lessee is authorized/not authorized to sub-let the demised premises to any person of his/her choice.
6.
That the Lessee shall be responsible and liable for the water/electricity charges and other dues in respect of the said flat during the tenancy period.
In witnesses whereof the Lessor and the Lessee have put in their respective signatures to this Agreement on the date and year first above written in the presence of the following witnesses:
Witnesses:
1. LESSOR
2. LESSEE
Note: This format has been prepared as applicable to flats. The word "flat" can be substituted with the type of property for which this document is being executed. Similarly, the name of the concerned authority can also be changed as applicable. For the sake of convenience, we have italicized such words.
This Rent Agreement is made on this __________ day __________ 20__ between Shri/Shrimati/Kumari __________ son/daughter of __________ resident of __________ (hereinafter called the Lessor/landlord of one part) and Shri/Shrimati/Kumari __________ son/daughter of __________ resident of __________ (hereinafter called the Lessee/Tenant of the other part).
The expression Lessor and Lessee will mean and include their heirs, successors, executors, administrators and assigns.
Whereas the Lessor is the owner and in possession of Flat No. __________ situated in the layout plan of the __________ __________ built on plot no. __________ hereinafter referred to as the demised premises and is desirous of letting out the said flat to the lessee and the lessee is ready and willing to take the same on rent from the Lessor on the terms and conditions herein contained.
Now, therefore, it is mutually agreed between the parties as under:
1.
That the Lessor has given on rent to the Lessee Flat no. __________ __________ known as __________ __________.
2.
That the tenant has financed the landlord towards the purchase of the said flat for which he will not be charging any interest and at the same time tenant shall not be paying any rent to the landlord for residing in the flat.
3.
That the lease shall be for _____ years and stand renewed automatically thereafter at the sole discretion of the Lessee and the Lessor shall have no option to cancel the lease.
4.
That the Lessor has handed over the actual and physical possession of the demised premises to the Lessee and the Lessee shall always enjoy the peaceful and uninterrupted possession of the demised premises.
5.
That the landlord shall have no objection if the tenant makes any additions or alterations in the existing flat. All maintenance and repair charges would be borne by the tenant. The lessee is authorized/not authorized to sub-let the demised premises to any person of his/her choice.
6.
That the Lessee shall be responsible and liable for the water/electricity charges and other dues in respect of the said flat during the tenancy period.
In witnesses whereof the Lessor and the Lessee have put in their respective signatures to this Agreement on the date and year first above written in the presence of the following witnesses:
Witnesses:
1. LESSOR
2. LESSEE
Petition_for_grant_of_Succession_Certificate
http://legalapproach.net/legal.php?nid=353
IN THE COURT OF THE SENIOR SUB JUDGE AT DELHI
IN THE COURT OF THE SENIOR SUB JUDGE AT
DELHI
……………………………………………………..…………
Applicant
Vs.
…………………………………………………………………
Respondent
In the matter of the grant of a Succession Certificate in respect of the
debts &
securities etc. of ………deceased under Section 372 of the Indian
Succession Act.
Sir,
The applicant begs to submit as under:
1. The place, date & time of the death of deceased :
2. Ordinary place of residence of the deceased and
if the ordinary place of residence of the deceased
is not situated within the jurisdiction of this Court;
the details of the properties of the deceased
situated within the jurisdiction of the Court. :
3. The names and full addresses of
near relatives of the deceased :
4. The right under which the applicant claims
for the grant of succession certificate. :
IN THE COURT OF THE SENIOR SUB JUDGE AT DELHI
5. Any impediment to the grant of succession
certificate or any other impediment under
Section 370 of Act 59 of 1929. :
6. Particulars and details of debts & securities etc. in
respect of which the certificate is to be granted. :
Verification:
Verified at…………………..on this …………………..day of
…………….….
the contents of para…………to…………..are true to my knowledge
and belief.
Signature of Applicant
and address
IN THE COURT OF THE SENIOR SUB JUDGE AT DELHI
IN THE COURT OF THE SENIOR SUB JUDGE AT
DELHI
……………………………………………………..…………
Applicant
Vs.
…………………………………………………………………
Respondent
In the matter of the grant of a Succession Certificate in respect of the
debts &
securities etc. of ………deceased under Section 372 of the Indian
Succession Act.
Sir,
The applicant begs to submit as under:
1. The place, date & time of the death of deceased :
2. Ordinary place of residence of the deceased and
if the ordinary place of residence of the deceased
is not situated within the jurisdiction of this Court;
the details of the properties of the deceased
situated within the jurisdiction of the Court. :
3. The names and full addresses of
near relatives of the deceased :
4. The right under which the applicant claims
for the grant of succession certificate. :
IN THE COURT OF THE SENIOR SUB JUDGE AT DELHI
5. Any impediment to the grant of succession
certificate or any other impediment under
Section 370 of Act 59 of 1929. :
6. Particulars and details of debts & securities etc. in
respect of which the certificate is to be granted. :
Verification:
Verified at…………………..on this …………………..day of
…………….….
the contents of para…………to…………..are true to my knowledge
and belief.
Signature of Applicant
and address
Building Excellence
“Managers are people who do things right, while leaders are people who do the right thing”
Building Excellence
Leaders do not command excellence, they build excellence. Excellence is "being all you can be" within the bounds of doing what is right for your organization. To reach excellence you must first be a leader of good character. You must do everything you are supposed to do. An organizations will not achieve excellence by figuring out where it wants to go, then having leaders do whatever they have to in order to get the job done, and then hope their leaders acted with good character. This type of thinking is backwards. Pursuing excellence should not be confused with accomplishing a job or task. When you do planning, you do it by backwards planning. But you do not achieve excellence by backwards planning. Excellence starts with leaders of good and strong character who engage in the entire process of leadership. And the first process is being a person of honorable character.
Waste no time arguing what a good man should be. Be one. - Marcus Aurelius
Character develops over time. Many think that much of a person's character is formed early in life. However, we do not know exactly how much or how early character develops. But, it is safe to claim that character does not change quickly. A person's observable behavior is an indication of her character. This behavior can be strong or weak, good or bad. A person with strong character shows drive, energy, determination, self-discipline, willpower, and nerve. She sees what she wants and goes after it. She attracts followers. On the other hand, a person with weak character shows none of these traits. She does not know what she wants. Her traits are disorganized, she vacillates and is inconsistent. She will attract no followers.
A strong person can be good or bad. A gang leader is an example of a strong person with a bad character, while an outstanding community leader is one with both strong and good characteristics. An organization needs leaders with both strong and good characteristics, people who will guide them to the future and show that they can be trusted.
Courage - not complacency - is our need today. Leadership not salesmanship. - John F. Kennedy
To be an effective leader, your followers must have trust in you and they need to be sold on your vision. Korn-Ferry International, an executive search company, performed a survey on what organizations want from their leaders. The respondents said they wanted people who were both ethical and who convey a strong vision of the future. In any organization, a leader's actions set the pace. This behavior wins trust, loyalty, and ensures the organization's continued vitality. One of the ways to build trust is to display a good sense of character composed of beliefs, values, skills, and traits:
Beliefs are what we hold dear to us and are rooted deeply within us. They could be assumptions or convictions that you hold true regarding people, concepts, or things. They could be the beliefs about life, death, religion, what is good, what is bad, what is human nature, etc.
Values are attitudes about the worth of people, concepts, or things. For example, you might value a good car, home, friendship, personal comfort, or relatives. Values are important as they influence a person's behavior to weigh the importance of alternatives. For example, you might value friends more than privacy, while others might be the opposite.
Skills are the knowledge and abilities that a person gains throughout life. The ability to learn a new skill varies with each individual. Some skills come almost naturally, while others come only by complete devotion to study and practice.
Traits are distinguishing qualities or characteristics of a person, while character is the sum total of these traits. There are hundreds of personality traits, far too many to be discussed here. Instead, we will focus on a few that are crucial for a leader. The more of these you display as a leader, the more your followers will believe and trust in you.
Traits of a Good Leader
Compiled by the Santa Clara University and the Tom Peters Group:
Honesty - Display sincerity, integrity, and candor in all your actions. Deceptive behavior will not inspire trust.
Competent - Your actions should be based on reason and moral principles. Do not make decisions based on childlike emotional desires or feelings.
Forward-looking Set goals and have a vision of the future. The vision must be owned throughout the organization. Effective leaders envision what they want and how to get it. They habitually pick priorities stemming from their basic values.
Inspiring - Display confidence in all that you do. By showing endurance in mental, physical, and spiritual stamina, you will inspire others to reach for new heights. Take charge when necessary.
Intelligent - Read, study, and seek challenging assignments.
Fair-minded - Show fair treatment to all people. Prejudice is the enemy of justice. Display empathy by being sensitive to the feelings, values, interests, and well-being of others.
Broad-minded - Seek out diversity.
Courageous - Have the perseverance to accomplish a goal, regardless of the seemingly insurmountable obstacles. Display a confident calmness when under stress.
Straightforward - Use sound judgment to make a good decisions at the right time.
Imaginative - Make timely and appropriate changes in your thinking, plans, and methods. Show creativity by thinking of new and better goals, ideas, and solutions to problems. Be innovative!
Building Excellence
Leaders do not command excellence, they build excellence. Excellence is "being all you can be" within the bounds of doing what is right for your organization. To reach excellence you must first be a leader of good character. You must do everything you are supposed to do. An organizations will not achieve excellence by figuring out where it wants to go, then having leaders do whatever they have to in order to get the job done, and then hope their leaders acted with good character. This type of thinking is backwards. Pursuing excellence should not be confused with accomplishing a job or task. When you do planning, you do it by backwards planning. But you do not achieve excellence by backwards planning. Excellence starts with leaders of good and strong character who engage in the entire process of leadership. And the first process is being a person of honorable character.
Waste no time arguing what a good man should be. Be one. - Marcus Aurelius
Character develops over time. Many think that much of a person's character is formed early in life. However, we do not know exactly how much or how early character develops. But, it is safe to claim that character does not change quickly. A person's observable behavior is an indication of her character. This behavior can be strong or weak, good or bad. A person with strong character shows drive, energy, determination, self-discipline, willpower, and nerve. She sees what she wants and goes after it. She attracts followers. On the other hand, a person with weak character shows none of these traits. She does not know what she wants. Her traits are disorganized, she vacillates and is inconsistent. She will attract no followers.
A strong person can be good or bad. A gang leader is an example of a strong person with a bad character, while an outstanding community leader is one with both strong and good characteristics. An organization needs leaders with both strong and good characteristics, people who will guide them to the future and show that they can be trusted.
Courage - not complacency - is our need today. Leadership not salesmanship. - John F. Kennedy
To be an effective leader, your followers must have trust in you and they need to be sold on your vision. Korn-Ferry International, an executive search company, performed a survey on what organizations want from their leaders. The respondents said they wanted people who were both ethical and who convey a strong vision of the future. In any organization, a leader's actions set the pace. This behavior wins trust, loyalty, and ensures the organization's continued vitality. One of the ways to build trust is to display a good sense of character composed of beliefs, values, skills, and traits:
Beliefs are what we hold dear to us and are rooted deeply within us. They could be assumptions or convictions that you hold true regarding people, concepts, or things. They could be the beliefs about life, death, religion, what is good, what is bad, what is human nature, etc.
Values are attitudes about the worth of people, concepts, or things. For example, you might value a good car, home, friendship, personal comfort, or relatives. Values are important as they influence a person's behavior to weigh the importance of alternatives. For example, you might value friends more than privacy, while others might be the opposite.
Skills are the knowledge and abilities that a person gains throughout life. The ability to learn a new skill varies with each individual. Some skills come almost naturally, while others come only by complete devotion to study and practice.
Traits are distinguishing qualities or characteristics of a person, while character is the sum total of these traits. There are hundreds of personality traits, far too many to be discussed here. Instead, we will focus on a few that are crucial for a leader. The more of these you display as a leader, the more your followers will believe and trust in you.
Traits of a Good Leader
Compiled by the Santa Clara University and the Tom Peters Group:
Honesty - Display sincerity, integrity, and candor in all your actions. Deceptive behavior will not inspire trust.
Competent - Your actions should be based on reason and moral principles. Do not make decisions based on childlike emotional desires or feelings.
Forward-looking Set goals and have a vision of the future. The vision must be owned throughout the organization. Effective leaders envision what they want and how to get it. They habitually pick priorities stemming from their basic values.
Inspiring - Display confidence in all that you do. By showing endurance in mental, physical, and spiritual stamina, you will inspire others to reach for new heights. Take charge when necessary.
Intelligent - Read, study, and seek challenging assignments.
Fair-minded - Show fair treatment to all people. Prejudice is the enemy of justice. Display empathy by being sensitive to the feelings, values, interests, and well-being of others.
Broad-minded - Seek out diversity.
Courageous - Have the perseverance to accomplish a goal, regardless of the seemingly insurmountable obstacles. Display a confident calmness when under stress.
Straightforward - Use sound judgment to make a good decisions at the right time.
Imaginative - Make timely and appropriate changes in your thinking, plans, and methods. Show creativity by thinking of new and better goals, ideas, and solutions to problems. Be innovative!
Usurious Interest Rates on Credit Cards
http://legalapproach.net/blog/
National Consumer Forum on 07.07.2008, in “Awaz” vs. American Express Bank Ltd. held that the rapid expansion of banking facilities and of access to credit facilities and on the other hand, it has led, as a result of the aggressive marketing practices adopted, especially, by the banks, which induce the unsuspecting customers to take loans, in one form or the other, for purchasing consumer goods and durables even when they are not quite needed. This makes these consumers debtors forever. Such indebtedness results in constant tension to repay the loans and the “EMIs” – at times well beyond the borrowers’ / debtors’ repaying capacity. The ill effects of unaffordable EMIs are now being highlighted in the print and other media almost daily. In the case of motor vehicle loans, for example, the debtor / borrower is under constant tension that if he fails to pay one or two instalments, he would receive threats from the so-called “recovery agents” of the banks. The RBI has permitted the banks to appoint “recovery agents” on contract, without perhaps fully appreciating the implications that these “recovery agents” are usually musclemen, employing whom increases nothing but goondaism—(2)(a) Whether banks can charge the credit card users interest at rates ranging from 36% to 49% per annum if there is any delay or default in payment within the time specified?—-(b) Whether interest at the above-stated rates amounts to charging usurious rates of interest?—HELD THAT—prima facie, charging of interest at rates ranging from 36% to 49% p.a. is exorbitant and amounts to exploitation of the borrowers / debtors and is usurious.
National Consumer Forum on 07.07.2008, in “Awaz” vs. American Express Bank Ltd. held that the rapid expansion of banking facilities and of access to credit facilities and on the other hand, it has led, as a result of the aggressive marketing practices adopted, especially, by the banks, which induce the unsuspecting customers to take loans, in one form or the other, for purchasing consumer goods and durables even when they are not quite needed. This makes these consumers debtors forever. Such indebtedness results in constant tension to repay the loans and the “EMIs” – at times well beyond the borrowers’ / debtors’ repaying capacity. The ill effects of unaffordable EMIs are now being highlighted in the print and other media almost daily. In the case of motor vehicle loans, for example, the debtor / borrower is under constant tension that if he fails to pay one or two instalments, he would receive threats from the so-called “recovery agents” of the banks. The RBI has permitted the banks to appoint “recovery agents” on contract, without perhaps fully appreciating the implications that these “recovery agents” are usually musclemen, employing whom increases nothing but goondaism—(2)(a) Whether banks can charge the credit card users interest at rates ranging from 36% to 49% per annum if there is any delay or default in payment within the time specified?—-(b) Whether interest at the above-stated rates amounts to charging usurious rates of interest?—HELD THAT—prima facie, charging of interest at rates ranging from 36% to 49% p.a. is exorbitant and amounts to exploitation of the borrowers / debtors and is usurious.
labour laws
CLOSURE
PROVISIONS AND PROCEDURE
Subject is governed by Chapter-V-B for units employing more than 100 workmen on an average during the previous twelve months respectively.
‘Closure’ means permanent closing down of a place of employment or part thereof. [section 2(cc)]. The total physical shut-down on permanent basis is the only requirement. The ‘motive’ or mens-rea is wholly irrelevant so long as shut-down is permanent, final and irrevocable.
PROCEDURE FOR CLOSING DOWN AN UNDERTAKING (Section 25-O)
A. The closure does not by itself bring about termination of services of the employees because the contract of service does not automatically stand terminated just because the company stops its activities. In order to terminate services, it is absolutely necessary that a Notice is given to the employees whose services are desired to be terminated. The Notice of termination may be given individually or collectively but a notice is a must
(1) An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, for prior permission at least 60 (sixty) days before the date on which the intended closure is to become effective, to the appropriate Government in Form QA or where notice has been given to employees in Form QB (Section 25FFA) (Rule 75-C)
The notice as the case may be, application shall be made in triplicate. The failure to give such Notice attracts penalty of imprisonment for a term upto 6 months or fine upto Rs. 5000/- or both under Section 30 A of the Act.
(2) Notice should clearly state the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner.
(3) Every workman who has been in continuous service for not less than 12 months, immediately before the closure, is entitled to:
a) The prescribed notice, and
b) Compensation as if he had been retrenched.
(4) If the closure is on account of ‘unavoidable circumstances beyond the control of the employer’; The compensation is not to exceed his average pay for 3 months.
(5) The phrase ‘unavoidable circumstances beyond the control of the employer’ does not include:
(a) Financial difficulties including financial
(b) losses, Accumulation of unsold and unutilized stocks,
(c) The expiry of the period of lease or the license granted to it
(6) These special provisions also apply to only those workmen whose names are on the muster-rolls of the industrial establishments.
(7) Where an application for permission has been made, the appropriate Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and persons interested in such closure may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen.
(8) Where the appropriate Government does not communicate the order granting or refusing to grant permission to the employer within a period of 60 (sixty) days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days.
(9) An order of the appropriate Government granting or refusing to grant permission shall, be final and binding on all the parties and shall remain in force for 1 (one) year from the date of such order.
(10) The appropriate Government may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference.
(11) Where no application for permission is made within the period specified therein or where the permission for closure has been refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under any law for the time being in force as if the undertaking had not been closed down.
(12) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions shall not apply in relation to such undertaking for such period as may be specified in the order.
(13) Where an undertaking is permitted to be closed down or where permission for closure is deemed to be granted, every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to 15 (fifteen) days' average pay for every completed year of continuous service or any part thereof in excess of six months.
FORM QA
(To be submitted in triplicate)
[SEE RULE 75C (1)]
Form of notice for permission of closure to be given by an employer under sub-section
(1) of Section 25-O of the Industrial Disputes Act, 1947 (Act 14 of 1947).
Date__________
To
The Secretary to Government, Punjab,
Labour Department, Chandigarh
Sir,
1. Under Section 25-O of the Industrial Disputes Act, 1947 (Act 14 of 1947), I/We hereby inform you that I/we propose to close down the undertaking specified below of (Name of the Industrial establishment) (Give details of the undertaking).
2. with effect form________________ for the reasons explained in the Annexure.
3. The number of workmen whose services will be terminated on account of the closure of the undertaking is ______________ (number of workmen).
4. Permission is solicited for the proposed closure.
5. I/we hereby declare that in the event of approval for the closure being granted, every workmen in the undertaking to whom sub-section (7) of the said Section 25-O applies will be given notice and paid compensation as specified in Section 25-N of the Industrial Disputes Act, 1947 (Act 14 of 1947), as if workman had been retrenched under that section.
Yours Faithfully,
For …………………………..
ANNEXURE
(Please give replies against each item)
Item No.
1. Name of the undertaking with complete
postal address, including telegraphic
address and telephone number.
2. Status of undertaking :-
(i) Whether Central public sector/ State public sector /foreign majority company/ joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licensed /registered and if so, name of licensing / registration authority and licence/ registration certificate numbers.
3. The total number and categories of workmen affected by the proposed closure, along with addresses of the workmen and the details of wages drawn by them.
4. Product/products of the undertaking
5. Details relating to installed capacity, licensed capacity and utilised capacity.
6. (i) Annual production, item-wise for preceding three years.
(ii) Production figures, month-wise, for the preceding twelve months.
7. Work in progress-item-wise and value-wise.
8. Any arrangement regarding off-loading or sub-contracting of products or any components thereof.
9. Details of persons or the organization to whom the job(s) is (are) being entrusted Relationship / interest of the persons / organizations with the director(s) for the officer(s) of the company.
10. Position of the order book item wise and value-wise for a period of six months, and one year next following, and for the period after the expiry of the said one year.
11. Number of working days in a week with number of shifts per day and strength of workmen per each shift
12. Balance sheets, profit and loss accounts and audit reports for the last three years.
13. Financial position of the company.
14. (i) Names of the inter-connected companies or companies under the same management.
(ii) Details about inter corporate investments and changes during the last one year
(iii) Interest of any of the directors / officers of the undertaking producing same or similar type of product.
15. Percentage of wages of workmen to the total cost of production
16. Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost.
17. Inventory position item-wise and value-wise for the preceding twelve months (Inventories to be shown in respect of finished products, components and raw materials to be shown separately item-wise and values-wise)
18. Selling arrangement for the last three years and any change in the selling arrangement in the preceding twelve months
19. Full details of the interest of the directors and officer of the company in the organization/persons involved in selling products of the undertaking.
20. Buying arrangements for raw materials and components.
21. Interests of the directors and officers with the organization/persons involved in buying raw materials and components for the undertaking
22. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise
23. Reasons for the proposed closure thereof
24. Any specific attempts made so far to avoid the closure.
25. Any other relevant factors with details thereof
*Strike out whatever is inapplicable.]
Yours Faithfully,
For ………………………………
PROVISIONS AND PROCEDURE
Subject is governed by Chapter-V-B for units employing more than 100 workmen on an average during the previous twelve months respectively.
‘Closure’ means permanent closing down of a place of employment or part thereof. [section 2(cc)]. The total physical shut-down on permanent basis is the only requirement. The ‘motive’ or mens-rea is wholly irrelevant so long as shut-down is permanent, final and irrevocable.
PROCEDURE FOR CLOSING DOWN AN UNDERTAKING (Section 25-O)
A. The closure does not by itself bring about termination of services of the employees because the contract of service does not automatically stand terminated just because the company stops its activities. In order to terminate services, it is absolutely necessary that a Notice is given to the employees whose services are desired to be terminated. The Notice of termination may be given individually or collectively but a notice is a must
(1) An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, for prior permission at least 60 (sixty) days before the date on which the intended closure is to become effective, to the appropriate Government in Form QA or where notice has been given to employees in Form QB (Section 25FFA) (Rule 75-C)
The notice as the case may be, application shall be made in triplicate. The failure to give such Notice attracts penalty of imprisonment for a term upto 6 months or fine upto Rs. 5000/- or both under Section 30 A of the Act.
(2) Notice should clearly state the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner.
(3) Every workman who has been in continuous service for not less than 12 months, immediately before the closure, is entitled to:
a) The prescribed notice, and
b) Compensation as if he had been retrenched.
(4) If the closure is on account of ‘unavoidable circumstances beyond the control of the employer’; The compensation is not to exceed his average pay for 3 months.
(5) The phrase ‘unavoidable circumstances beyond the control of the employer’ does not include:
(a) Financial difficulties including financial
(b) losses, Accumulation of unsold and unutilized stocks,
(c) The expiry of the period of lease or the license granted to it
(6) These special provisions also apply to only those workmen whose names are on the muster-rolls of the industrial establishments.
(7) Where an application for permission has been made, the appropriate Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and persons interested in such closure may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen.
(8) Where the appropriate Government does not communicate the order granting or refusing to grant permission to the employer within a period of 60 (sixty) days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days.
(9) An order of the appropriate Government granting or refusing to grant permission shall, be final and binding on all the parties and shall remain in force for 1 (one) year from the date of such order.
(10) The appropriate Government may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference.
(11) Where no application for permission is made within the period specified therein or where the permission for closure has been refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under any law for the time being in force as if the undertaking had not been closed down.
(12) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions shall not apply in relation to such undertaking for such period as may be specified in the order.
(13) Where an undertaking is permitted to be closed down or where permission for closure is deemed to be granted, every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to 15 (fifteen) days' average pay for every completed year of continuous service or any part thereof in excess of six months.
FORM QA
(To be submitted in triplicate)
[SEE RULE 75C (1)]
Form of notice for permission of closure to be given by an employer under sub-section
(1) of Section 25-O of the Industrial Disputes Act, 1947 (Act 14 of 1947).
Date__________
To
The Secretary to Government, Punjab,
Labour Department, Chandigarh
Sir,
1. Under Section 25-O of the Industrial Disputes Act, 1947 (Act 14 of 1947), I/We hereby inform you that I/we propose to close down the undertaking specified below of (Name of the Industrial establishment) (Give details of the undertaking).
2. with effect form________________ for the reasons explained in the Annexure.
3. The number of workmen whose services will be terminated on account of the closure of the undertaking is ______________ (number of workmen).
4. Permission is solicited for the proposed closure.
5. I/we hereby declare that in the event of approval for the closure being granted, every workmen in the undertaking to whom sub-section (7) of the said Section 25-O applies will be given notice and paid compensation as specified in Section 25-N of the Industrial Disputes Act, 1947 (Act 14 of 1947), as if workman had been retrenched under that section.
Yours Faithfully,
For …………………………..
ANNEXURE
(Please give replies against each item)
Item No.
1. Name of the undertaking with complete
postal address, including telegraphic
address and telephone number.
2. Status of undertaking :-
(i) Whether Central public sector/ State public sector /foreign majority company/ joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licensed /registered and if so, name of licensing / registration authority and licence/ registration certificate numbers.
3. The total number and categories of workmen affected by the proposed closure, along with addresses of the workmen and the details of wages drawn by them.
4. Product/products of the undertaking
5. Details relating to installed capacity, licensed capacity and utilised capacity.
6. (i) Annual production, item-wise for preceding three years.
(ii) Production figures, month-wise, for the preceding twelve months.
7. Work in progress-item-wise and value-wise.
8. Any arrangement regarding off-loading or sub-contracting of products or any components thereof.
9. Details of persons or the organization to whom the job(s) is (are) being entrusted Relationship / interest of the persons / organizations with the director(s) for the officer(s) of the company.
10. Position of the order book item wise and value-wise for a period of six months, and one year next following, and for the period after the expiry of the said one year.
11. Number of working days in a week with number of shifts per day and strength of workmen per each shift
12. Balance sheets, profit and loss accounts and audit reports for the last three years.
13. Financial position of the company.
14. (i) Names of the inter-connected companies or companies under the same management.
(ii) Details about inter corporate investments and changes during the last one year
(iii) Interest of any of the directors / officers of the undertaking producing same or similar type of product.
15. Percentage of wages of workmen to the total cost of production
16. Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost.
17. Inventory position item-wise and value-wise for the preceding twelve months (Inventories to be shown in respect of finished products, components and raw materials to be shown separately item-wise and values-wise)
18. Selling arrangement for the last three years and any change in the selling arrangement in the preceding twelve months
19. Full details of the interest of the directors and officer of the company in the organization/persons involved in selling products of the undertaking.
20. Buying arrangements for raw materials and components.
21. Interests of the directors and officers with the organization/persons involved in buying raw materials and components for the undertaking
22. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise
23. Reasons for the proposed closure thereof
24. Any specific attempts made so far to avoid the closure.
25. Any other relevant factors with details thereof
*Strike out whatever is inapplicable.]
Yours Faithfully,
For ………………………………
Labour Laws
LAY-OFF PROVISIONS AND PROCEDURE
Provisions:
What are Chapter-V-A and Chapter-V-B?
Subject is governed by Chapter-V-B for units employing more than 100 workmen on an average during the previous twelve months respectively.
Notwithstanding these stipulations, we proceed as under:
1. WHO CAN BE LAID OFF: “workman” within the meaning of the term workman under the Act. Farther, as provided in the Explanation to Section 2 (kkk), the workman whose name is born on the muster roll of the Employer and presents himself in the prescribed manner for the work, can be laid off.
2. Lay-off Definition Section 2 (kkk)
The definition of lay-off as given in Section 2 (kkk) makes it abundantly clear that the unemployment must have resulted on account of a cause which is independent of any action or inaction on the part of the workman.
Refusal to Give Work :The Employer’s refusal to give work must be for:
a. shortage of coal
b. shortage of power (Electricity)
c. shortage of raw material
d. accumulation of stocks
e. break down of machinery
f. Natural calamity - Force-Major and any other connected reason
3. Sec. 25 (2) states that the State decides as to which industries are “seasonal” in nature. Since we are not concerned with this aspect, we let that be!
4. Sec. 25-B defines the concept of “continuous service” and stipulates the way in which it should be counted.
5. Sec. 25-C states that the “laid-off” workmen are entitled to receive 50% of their Basic + DA as “Lay-Off Compensation” during the period of lay-off. It further states that if the “lay-off” continues for more than 45 days in any period of twelve months, then the Employer will be eligible to stop payment of lay-off compensation to the laid-off workmen (if there is an agreement to that effect between the workmen and the Employer) OR RETRENCH such workmen following provisions of Sec 25F and other provisions (if applicable). Workman who is Badli or Casual will not be entitled to the lay-off compensation.
6. Sec. 25-D casts a responsibility on the employers to maintain “Muster Roll” for the workmen it employs. This is often done by requirements of other legislation also, hence not critical if it is complied with anyway!
7. Sec. 25-E outlines contingencies when a workman may not be entitled to “compensation”. Sec. 25 E (ii) further empowers the Employer to insist that the laid-off workmen present at the Factory each day at least once at the appointed time to be eligible Lay-Off Compensation. (But this provision is NOT mandatory in as much as the Employer may exempt the workmen from such a requirement at his volition.)
8. Sec. 25-F to Sec. 25-J are not concerned with any “Lay-Off” situation, hence are not commented upon.
9. Sec 25 M Establishments employing 100 or more workmen, as in their case, prior approval of Appropriate Government is necessary u/s 25M(1).
PROCEDURE: (Industrial Disputes (Punjab) Rules 1958)
1. Crystallize the reasons why the Company has to resort to “Lay-Off” and prepare a “statement of reasons” for the lay-off, to be annexed to the “lay-off” notice, unless such layoff is due to shortage of power or to natural calamity, and in the case of a mine, such layoff is due also to fire, flood, excess of inflammable gas or explosion
2. Identify the areas and the number of people who are found to be “surplus” to our requirements in the foreseeable future necessitating “lay-off”.
3. Rule 74-A & B: It is a requirement of law that the employer in this case Application for permission to the State Government of Haryana for permission to lay off shall be made in Form O-3 (Section 25M) either personally or registered post acknowledgement due WITHIN 7 (SEVEN) days of the commencement of “lay-off” and WITHIN SEVEN days of lifting the “lay-off’. The statutory FORMATS of both these NOTICES are enclosed.
4. The application for permission shall be made in triplicate and sufficient number of copies of the application for service on the workmen concerned shall also be submitted along with the application.
5. The employer concerned shall furnish to the authority to whom application for permission has been made such further information as the authority considers necessary for arriving at a decision on the application, as and when called for by such authority.
6. Where an application for permission has been made, the appropriate Government or the specified authority, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested in such layoff, may, having regard to the genuineness and adequacy of the reasons for such layoff, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen.
7. Where an application for permission has been made and the appropriate Government or the specified authority does not communicate the order granting or refusing to grant permission to the employer within a period of 60 (sixty) days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of 60 (sixty) days.
8. Where no application for permission is made within the period specified therein, or where the permission for any layoff has been refused, such layoff shall be deemed to be illegal from the date on which the workmen had been laid off and the workmen shall be entitled to all the benefits under any law for the time being in force as if, they had not been laid off.
9. An order of the appropriate Government or the specified authority granting or refusing to grant permission shall, be final and binding on all the parties concerned and shall remain in force for one year from the date of such order.
10. Where the permission to lay off has been granted by the said authority, the employer concerned shall give to the Labour Commissioner, Haryana, Chandigarh notice of commencement and termination of such layoff in Form O1 and O2 respectively, within the 7 days of such commencement or termination, as the case may be.
11. In the first instance the lay-off can continue upto 45 days from commencement. If the exigencies require the “lay-off” may be converted into “retrenchment” at the end of 45 days by following Sec. 25F and the other applicable provisions (if any) on the subject and the “lay-off” compensation paid so far could be adjusted against the Retrenchment Compensation.
12. In short, we have to prepare following documents to effect the proposed “lay-off”
i. NOTICE of Lay-Off in FORM O-1 complete with the “Statement of Reasons” for the Lay-Off.
ii. NOTICE to be put up on the company NOTICE BOARDS informing employees about the fact of “lay-off” along with the reasons and exigencies etc., the mode of payment of “Lay-Off Compensation”, and whether it would be essential for the affected workmen to attend work to become eligible to receive lay-off compensation.
iii. All notices required to be given under this Standing Order shall be displayed on notice-boards at the time-keeper’s office and at the main entrance to the establishment.
iv. Letters to the Individual Workmen informing that they have been laid-off and the reasons thereof, and the facts of the NOTICE referred above.
v. NOTICE of ending the Lay-Off in FORM O-2.
vi. Application in Form O-3 for seeking prior approval from Haryana Govt.
vii. Appropriate Returns under the “Collection of Statistics Act”
13. Once the lay-off becomes a reality, the company should review the situation from time to time with a view to end the lay-off as early as possible.
14. As per Sec 25D, to maintain the Muster Roll and make facilities available to workmen to make entry when laid off. This is the record that enables the employer to compute the amount of lay-off compensation.
15. As per Section 25C, the “laid-off” workmen shall be paid by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene, compensation which shall be equal to 50% of their Basic + DA as “Lay-Off Compensation that would have been payable to him had he not been so laid off.
16. However, if better terms of payment of lay-off are in the contract of employment then the workmen is entitled to payment in terms of contract of employment or standing orders.
17. If the employer and the workman comes to an agreement to the effect that no lay-off compensation will be payable after 45 days, if the lay-off period goes beyond 45 days.
18. It must remembered that the “Lay-Off” is TEMPORARY SUSPENSION of CONTRACT OF EMPLOYMENT and therefore the Employer-Employee Relationship CONTINUES and the service related benefits will continue to accrue to the affected workmen.
Once the above steps are meticulously implemented, the process of effecting a “Lay-Off” is complete.
19. In a period of 12 months, if lay-off lasts for more than 45 days, no compensation is required to be paid and the employer is free to retrench his workmen. No doubt only after passing retrenchment and complying with the provisions of Section 25F of the act, the employer is given liberty to set-off the lay-off compensation paid during the preceding 12 months against the retrenchment compensation payable to workmen (section 25C).
20. ‘Closure’ means permanent closing down of a place of employment or part thereof. [section 2(cc)]. - - Thus, closure can be of part of establishment also. - - 60 days notice should be given for closure to Government, if number of persons employed are 50 or more [section 25FFA]. Compensation has to be given as if the workman is retrenched. [section 25FFF(1)]. - - If number of workmen employed is 100 or more, prior permission of Government is necessary for closure u/s 25-O.
FORM O-1
(See Rule 74-A)
To
The Commissioner of Labour, Haryana
Chandigarh.
Dear Sir,
1. Under Rules 74-A of the Industrial Disputes (Punjab) Rules, 1958, I / We hereby inform you that I / We laid off___________ out of a total of _____________ workmen employed in the establishment, with effect from ______________ for the reasons explained in the Annexure.
2. Such of the workmen concerned as are entitled to compensation under section 25-C of the Industrial Disputes Act, 1947 will be paid compensation due to them.
Yours Faithfully,
For …………………………
(…………………………………….)
Copy forwarded to:
a.) Deputy Commissioner of Labour/ The Assistant Commissioner of Labour,
b.) Conciliation Officer (here specify the address of the Deputy Commissioner of Labour)
c.) Assistant Commissioner of Labour, (or as the case may be, the Conciliation Officer.)
ANNEXURE
Statement of Reasons.
------------------------
FORM O-2
(See Rules 74-A)
To
The Commissioner of Labour, Haryana
Chandigarh.
Sir,
As required by Rules 74-A of the Industrial Disputes (Punjab) Rules, 1958, and in continuation of my/our notice dated ___________ in Form O-1,
I / We hereby inform you that the lay-off in my/our establishment has ended on ________
Yours Faithfully,
For …………………….
(……………………………..)
Copy forwarded to:
a.) Deputy Commissioner of Labour/ The Assistant Commissioner of Labour,
b.) Conciliation Officer (here specify the address of the Deputy Commissioner of Labour)
c.) Assistant Commissioner of Labour, (or as the case may be, the Conciliation Officer.)
FORM O-3
(To be submitted in triplicate with additional number of copies for service on the workmen concerned)
[See Rule 74-B (1)]
Form of application for permission to lay-off/to continue the lay-off of workmen in Industrial Establishments to which provisions of Chapter V-B of the Industrial Disputes Act, 1947 (14 of 1947) apply
To,
………………………..................
..……………………..................
……………………….................
[The authority specified under sub-section (I) of Section 25-M]
Dear Sir,
Under *sub-section (1)/sub-section [(2)] of Section 25-M of the Industrial Disputes Act. 1947 (14 of 1947) read with sub-rule (1) of Rule 74-B of the Industrial Disputes (Punjab) Rules, 1958. I/we hereby apply for permission to the lay-off/per- mission to continue the lay-off of …………………………………..workmen of a total of…………………….. workmen employed in my/our establishment with effect from…………………for the reasons set out in the Annexure.
Permission is solicited for the lay-off/to continue the lay-off of the said workmen.
Such of the workmen permitted to be laid-off will be paid such compensation , if any , to which they are entitled under sub-section [(6)] of Section 25-M read with Section 25-C of the Industrial Disputes Act, 1947 (14 of 1947).
Yours faithfully
For ……………………………….
(Signature)
*Strike out whatever is inapplicable.
ANNEXURE
(Please give replies against each item)
Item No.
1. Name of the undertaking with complete
postal address, including telegraphic
address and telephone number.
2. Status of undertaking :-
(i) Whether Central public sector/ State public sector /foreign majority company/ joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licensed /registered and if so, name of licensing / registration authority and licence/ registration certificate numbers.
3. (a) *Names and addresses of the affected workmen proposed to be laid-off/names and addresses of the workmen laid-off before the commencement of the industrial disputes ( Amendment ) Act, 1976 ( 32 of 1976 ) and the Dates from which each of them has been laid-off.
(b) The nature of the duties of the workmen referred to in sub-item (a), the units/ sections / shops where they are or were working and the wages drawn by them.
4. Product/products of the undertaking
5. Details relating to installed capacity, licensed capacity and utilised capacity.
6. (i) Annual production, item-wise for preceding three years.
(ii) Production figures, month-wise, for the preceding twelve months.
7. Work in progress-item-wise and value-wise.
8. Any arrangement regarding off-loading or sub-contracting of products or any components thereof.
9. Position of the order book-item-wise and value-wise for a period of six months, and one year next following, and for the period after the expiry of the said one year.
10. Number of working days in a week with the number of shifts per day and the strength of workmen per each shift.
11. Balance sheets, profit and loss accounts and audit reports for the last three years.
12. Financial position of the company.
13. Names of the inter-connected companies or companies under the same management.
14. The total number of workmen (category-wise), and the number of employees other than workmen as defined under the Industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking.
15. Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost.
16. Details of lay-offs resorted to in the last three) years (other than the lay-off for which permission is sought), including the periods of such lay-offs, the number of workmen Involved in each such lay-off and the reasons thereof.
17. Anticipated savings due to the *proposed layoff / lay-off for the continuance of which permission is sought.
18. Any proposal for effecting savings on account of reduction in -
(i) Managerial remuneration,
(ii) Sales promotion cost, and
(iii) General administration expenses.
19. Position of stocks on last day of each of the months in the preceding twelve months.
20. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise.
21. Reasons for the *proposed lay-off / lay-off for the continuance of which permission is sought
22. Any specific attempts made so far to avoid the *proposed lay-off flay-off for the continuance of which permission is sought.
23. Any other relevant factors with details thereof
*Strike out whatever is inapplicable.]
Yours Faithfully,
For …………………………
Draft Notice to be put up on Company Notice Board
The company regrets to inform all concerned that owing to ……… ……… ……… …… ……… …………… ………… ……………… ……………… …………… …………… …………… ……………… …………… ……………… ………… ……………… ………… ……………… ………… …………………… ………… ……….. that it is virtually impossible to continue to employ any number of people on an on going basis.
The Company, in conformity to the legal stipulations under Industrial Disputes Act 1947 and the rules thereunder, has decided to effect Lay-Off at the factory with effect from the first shift of ……….. . The employees/contract labour that will be affected by the said lay-off will be laid off will be eligible to receive “lay-off compensation” @ 50% of monthly wages, as provided under the said law. Presently the lay-off is likely to continue upto ………………. And unless the situation improves satisfactorily, it may have to be extended by such period as may be deemed necessary that the relevant point of time.
To be eligible to receive lay-off compensation each workman will have to report at the factory each day except the weekly off day and sign a register provided at the security gate for the purpose.
Notices of continuance or discontinuance of lay-off will be displayed at the security gate from time to time. The first payment of lay-off compensation to eligible workmen will be made along with the wage for the days worked, on the day of wage disbursement.
Please note that all legal formalities have been duly completed. The company regrets the situation and the necessity to resort to lay-off, but is entirely helpless in the matter. It is in the larger interests of all of us that the company survives and prospers ahead of us. Therefore co-operation of all is earnestly solicited.
Yours sincerely,
For ……………………
Provisions:
What are Chapter-V-A and Chapter-V-B?
Subject is governed by Chapter-V-B for units employing more than 100 workmen on an average during the previous twelve months respectively.
Notwithstanding these stipulations, we proceed as under:
1. WHO CAN BE LAID OFF: “workman” within the meaning of the term workman under the Act. Farther, as provided in the Explanation to Section 2 (kkk), the workman whose name is born on the muster roll of the Employer and presents himself in the prescribed manner for the work, can be laid off.
2. Lay-off Definition Section 2 (kkk)
The definition of lay-off as given in Section 2 (kkk) makes it abundantly clear that the unemployment must have resulted on account of a cause which is independent of any action or inaction on the part of the workman.
Refusal to Give Work :The Employer’s refusal to give work must be for:
a. shortage of coal
b. shortage of power (Electricity)
c. shortage of raw material
d. accumulation of stocks
e. break down of machinery
f. Natural calamity - Force-Major and any other connected reason
3. Sec. 25 (2) states that the State decides as to which industries are “seasonal” in nature. Since we are not concerned with this aspect, we let that be!
4. Sec. 25-B defines the concept of “continuous service” and stipulates the way in which it should be counted.
5. Sec. 25-C states that the “laid-off” workmen are entitled to receive 50% of their Basic + DA as “Lay-Off Compensation” during the period of lay-off. It further states that if the “lay-off” continues for more than 45 days in any period of twelve months, then the Employer will be eligible to stop payment of lay-off compensation to the laid-off workmen (if there is an agreement to that effect between the workmen and the Employer) OR RETRENCH such workmen following provisions of Sec 25F and other provisions (if applicable). Workman who is Badli or Casual will not be entitled to the lay-off compensation.
6. Sec. 25-D casts a responsibility on the employers to maintain “Muster Roll” for the workmen it employs. This is often done by requirements of other legislation also, hence not critical if it is complied with anyway!
7. Sec. 25-E outlines contingencies when a workman may not be entitled to “compensation”. Sec. 25 E (ii) further empowers the Employer to insist that the laid-off workmen present at the Factory each day at least once at the appointed time to be eligible Lay-Off Compensation. (But this provision is NOT mandatory in as much as the Employer may exempt the workmen from such a requirement at his volition.)
8. Sec. 25-F to Sec. 25-J are not concerned with any “Lay-Off” situation, hence are not commented upon.
9. Sec 25 M Establishments employing 100 or more workmen, as in their case, prior approval of Appropriate Government is necessary u/s 25M(1).
PROCEDURE: (Industrial Disputes (Punjab) Rules 1958)
1. Crystallize the reasons why the Company has to resort to “Lay-Off” and prepare a “statement of reasons” for the lay-off, to be annexed to the “lay-off” notice, unless such layoff is due to shortage of power or to natural calamity, and in the case of a mine, such layoff is due also to fire, flood, excess of inflammable gas or explosion
2. Identify the areas and the number of people who are found to be “surplus” to our requirements in the foreseeable future necessitating “lay-off”.
3. Rule 74-A & B: It is a requirement of law that the employer in this case Application for permission to the State Government of Haryana for permission to lay off shall be made in Form O-3 (Section 25M) either personally or registered post acknowledgement due WITHIN 7 (SEVEN) days of the commencement of “lay-off” and WITHIN SEVEN days of lifting the “lay-off’. The statutory FORMATS of both these NOTICES are enclosed.
4. The application for permission shall be made in triplicate and sufficient number of copies of the application for service on the workmen concerned shall also be submitted along with the application.
5. The employer concerned shall furnish to the authority to whom application for permission has been made such further information as the authority considers necessary for arriving at a decision on the application, as and when called for by such authority.
6. Where an application for permission has been made, the appropriate Government or the specified authority, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested in such layoff, may, having regard to the genuineness and adequacy of the reasons for such layoff, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen.
7. Where an application for permission has been made and the appropriate Government or the specified authority does not communicate the order granting or refusing to grant permission to the employer within a period of 60 (sixty) days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of 60 (sixty) days.
8. Where no application for permission is made within the period specified therein, or where the permission for any layoff has been refused, such layoff shall be deemed to be illegal from the date on which the workmen had been laid off and the workmen shall be entitled to all the benefits under any law for the time being in force as if, they had not been laid off.
9. An order of the appropriate Government or the specified authority granting or refusing to grant permission shall, be final and binding on all the parties concerned and shall remain in force for one year from the date of such order.
10. Where the permission to lay off has been granted by the said authority, the employer concerned shall give to the Labour Commissioner, Haryana, Chandigarh notice of commencement and termination of such layoff in Form O1 and O2 respectively, within the 7 days of such commencement or termination, as the case may be.
11. In the first instance the lay-off can continue upto 45 days from commencement. If the exigencies require the “lay-off” may be converted into “retrenchment” at the end of 45 days by following Sec. 25F and the other applicable provisions (if any) on the subject and the “lay-off” compensation paid so far could be adjusted against the Retrenchment Compensation.
12. In short, we have to prepare following documents to effect the proposed “lay-off”
i. NOTICE of Lay-Off in FORM O-1 complete with the “Statement of Reasons” for the Lay-Off.
ii. NOTICE to be put up on the company NOTICE BOARDS informing employees about the fact of “lay-off” along with the reasons and exigencies etc., the mode of payment of “Lay-Off Compensation”, and whether it would be essential for the affected workmen to attend work to become eligible to receive lay-off compensation.
iii. All notices required to be given under this Standing Order shall be displayed on notice-boards at the time-keeper’s office and at the main entrance to the establishment.
iv. Letters to the Individual Workmen informing that they have been laid-off and the reasons thereof, and the facts of the NOTICE referred above.
v. NOTICE of ending the Lay-Off in FORM O-2.
vi. Application in Form O-3 for seeking prior approval from Haryana Govt.
vii. Appropriate Returns under the “Collection of Statistics Act”
13. Once the lay-off becomes a reality, the company should review the situation from time to time with a view to end the lay-off as early as possible.
14. As per Sec 25D, to maintain the Muster Roll and make facilities available to workmen to make entry when laid off. This is the record that enables the employer to compute the amount of lay-off compensation.
15. As per Section 25C, the “laid-off” workmen shall be paid by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene, compensation which shall be equal to 50% of their Basic + DA as “Lay-Off Compensation that would have been payable to him had he not been so laid off.
16. However, if better terms of payment of lay-off are in the contract of employment then the workmen is entitled to payment in terms of contract of employment or standing orders.
17. If the employer and the workman comes to an agreement to the effect that no lay-off compensation will be payable after 45 days, if the lay-off period goes beyond 45 days.
18. It must remembered that the “Lay-Off” is TEMPORARY SUSPENSION of CONTRACT OF EMPLOYMENT and therefore the Employer-Employee Relationship CONTINUES and the service related benefits will continue to accrue to the affected workmen.
Once the above steps are meticulously implemented, the process of effecting a “Lay-Off” is complete.
19. In a period of 12 months, if lay-off lasts for more than 45 days, no compensation is required to be paid and the employer is free to retrench his workmen. No doubt only after passing retrenchment and complying with the provisions of Section 25F of the act, the employer is given liberty to set-off the lay-off compensation paid during the preceding 12 months against the retrenchment compensation payable to workmen (section 25C).
20. ‘Closure’ means permanent closing down of a place of employment or part thereof. [section 2(cc)]. - - Thus, closure can be of part of establishment also. - - 60 days notice should be given for closure to Government, if number of persons employed are 50 or more [section 25FFA]. Compensation has to be given as if the workman is retrenched. [section 25FFF(1)]. - - If number of workmen employed is 100 or more, prior permission of Government is necessary for closure u/s 25-O.
FORM O-1
(See Rule 74-A)
To
The Commissioner of Labour, Haryana
Chandigarh.
Dear Sir,
1. Under Rules 74-A of the Industrial Disputes (Punjab) Rules, 1958, I / We hereby inform you that I / We laid off___________ out of a total of _____________ workmen employed in the establishment, with effect from ______________ for the reasons explained in the Annexure.
2. Such of the workmen concerned as are entitled to compensation under section 25-C of the Industrial Disputes Act, 1947 will be paid compensation due to them.
Yours Faithfully,
For …………………………
(…………………………………….)
Copy forwarded to:
a.) Deputy Commissioner of Labour/ The Assistant Commissioner of Labour,
b.) Conciliation Officer (here specify the address of the Deputy Commissioner of Labour)
c.) Assistant Commissioner of Labour, (or as the case may be, the Conciliation Officer.)
ANNEXURE
Statement of Reasons.
------------------------
FORM O-2
(See Rules 74-A)
To
The Commissioner of Labour, Haryana
Chandigarh.
Sir,
As required by Rules 74-A of the Industrial Disputes (Punjab) Rules, 1958, and in continuation of my/our notice dated ___________ in Form O-1,
I / We hereby inform you that the lay-off in my/our establishment has ended on ________
Yours Faithfully,
For …………………….
(……………………………..)
Copy forwarded to:
a.) Deputy Commissioner of Labour/ The Assistant Commissioner of Labour,
b.) Conciliation Officer (here specify the address of the Deputy Commissioner of Labour)
c.) Assistant Commissioner of Labour, (or as the case may be, the Conciliation Officer.)
FORM O-3
(To be submitted in triplicate with additional number of copies for service on the workmen concerned)
[See Rule 74-B (1)]
Form of application for permission to lay-off/to continue the lay-off of workmen in Industrial Establishments to which provisions of Chapter V-B of the Industrial Disputes Act, 1947 (14 of 1947) apply
To,
………………………..................
..……………………..................
……………………….................
[The authority specified under sub-section (I) of Section 25-M]
Dear Sir,
Under *sub-section (1)/sub-section [(2)] of Section 25-M of the Industrial Disputes Act. 1947 (14 of 1947) read with sub-rule (1) of Rule 74-B of the Industrial Disputes (Punjab) Rules, 1958. I/we hereby apply for permission to the lay-off/per- mission to continue the lay-off of …………………………………..workmen of a total of…………………….. workmen employed in my/our establishment with effect from…………………for the reasons set out in the Annexure.
Permission is solicited for the lay-off/to continue the lay-off of the said workmen.
Such of the workmen permitted to be laid-off will be paid such compensation , if any , to which they are entitled under sub-section [(6)] of Section 25-M read with Section 25-C of the Industrial Disputes Act, 1947 (14 of 1947).
Yours faithfully
For ……………………………….
(Signature)
*Strike out whatever is inapplicable.
ANNEXURE
(Please give replies against each item)
Item No.
1. Name of the undertaking with complete
postal address, including telegraphic
address and telephone number.
2. Status of undertaking :-
(i) Whether Central public sector/ State public sector /foreign majority company/ joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licensed /registered and if so, name of licensing / registration authority and licence/ registration certificate numbers.
3. (a) *Names and addresses of the affected workmen proposed to be laid-off/names and addresses of the workmen laid-off before the commencement of the industrial disputes ( Amendment ) Act, 1976 ( 32 of 1976 ) and the Dates from which each of them has been laid-off.
(b) The nature of the duties of the workmen referred to in sub-item (a), the units/ sections / shops where they are or were working and the wages drawn by them.
4. Product/products of the undertaking
5. Details relating to installed capacity, licensed capacity and utilised capacity.
6. (i) Annual production, item-wise for preceding three years.
(ii) Production figures, month-wise, for the preceding twelve months.
7. Work in progress-item-wise and value-wise.
8. Any arrangement regarding off-loading or sub-contracting of products or any components thereof.
9. Position of the order book-item-wise and value-wise for a period of six months, and one year next following, and for the period after the expiry of the said one year.
10. Number of working days in a week with the number of shifts per day and the strength of workmen per each shift.
11. Balance sheets, profit and loss accounts and audit reports for the last three years.
12. Financial position of the company.
13. Names of the inter-connected companies or companies under the same management.
14. The total number of workmen (category-wise), and the number of employees other than workmen as defined under the Industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking.
15. Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost.
16. Details of lay-offs resorted to in the last three) years (other than the lay-off for which permission is sought), including the periods of such lay-offs, the number of workmen Involved in each such lay-off and the reasons thereof.
17. Anticipated savings due to the *proposed layoff / lay-off for the continuance of which permission is sought.
18. Any proposal for effecting savings on account of reduction in -
(i) Managerial remuneration,
(ii) Sales promotion cost, and
(iii) General administration expenses.
19. Position of stocks on last day of each of the months in the preceding twelve months.
20. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise.
21. Reasons for the *proposed lay-off / lay-off for the continuance of which permission is sought
22. Any specific attempts made so far to avoid the *proposed lay-off flay-off for the continuance of which permission is sought.
23. Any other relevant factors with details thereof
*Strike out whatever is inapplicable.]
Yours Faithfully,
For …………………………
Draft Notice to be put up on Company Notice Board
The company regrets to inform all concerned that owing to ……… ……… ……… …… ……… …………… ………… ……………… ……………… …………… …………… …………… ……………… …………… ……………… ………… ……………… ………… ……………… ………… …………………… ………… ……….. that it is virtually impossible to continue to employ any number of people on an on going basis.
The Company, in conformity to the legal stipulations under Industrial Disputes Act 1947 and the rules thereunder, has decided to effect Lay-Off at the factory with effect from the first shift of ……….. . The employees/contract labour that will be affected by the said lay-off will be laid off will be eligible to receive “lay-off compensation” @ 50% of monthly wages, as provided under the said law. Presently the lay-off is likely to continue upto ………………. And unless the situation improves satisfactorily, it may have to be extended by such period as may be deemed necessary that the relevant point of time.
To be eligible to receive lay-off compensation each workman will have to report at the factory each day except the weekly off day and sign a register provided at the security gate for the purpose.
Notices of continuance or discontinuance of lay-off will be displayed at the security gate from time to time. The first payment of lay-off compensation to eligible workmen will be made along with the wage for the days worked, on the day of wage disbursement.
Please note that all legal formalities have been duly completed. The company regrets the situation and the necessity to resort to lay-off, but is entirely helpless in the matter. It is in the larger interests of all of us that the company survives and prospers ahead of us. Therefore co-operation of all is earnestly solicited.
Yours sincerely,
For ……………………
Subscribe to:
Posts (Atom)
