Labour ResearchJuly-August -2014

VOL:11 NO.4 BANGALORE JULY - AUGUST - 2014

UNION IS STRENGTH

EditorialEditorialEditorialEditorialEditorial

A BIG CHALLENGE TO UNIONSA BIG CHALLENGE TO UNIONSA BIG CHALLENGE TO UNIONSA BIG CHALLENGE TO UNIONSA BIG CHALLENGE TO UNIONS

he Central Trade Unions are caught unaware with the speed in which thepresent NDA Government at the center is moving ahead in the guise of

making comprehensive amendment to the Labour Laws, to accommodate the viewsof the corporate world. It is a well known fact that they have been a staunchsupporter of globalization and backing the corporate lobby in pushing severalissues at the dictates of the industrial houses. The report that appeared in thePress as regards to the several amendments being proposed in the Labour Laws;has come as a rude shock to the Central Trade Unions.

The Government,instead of providing better working conditions and the safety tothe Women workers in the factories, have now propose to liberalize the termsand conditions enabling the employers to compel the female workers to work inthe night shift with certain safety provisions. It is the objective of the Governmentto concede to the demand of the industrial lobby to enroll services of femaleworkers to work round the clock in the factories. The increase in the number ofhours provided for working overtime under the Shops and Establishment Actsfrom 100 to 130 hours or so will only provide a tool to the textile and garmentindustries for further exploitation of the women and child labourers.

The Government also proposes to relax the rule on retrenchment and liberalizethe overtime limit which was restricted to 100 hours or so with the maximumflexibility to the employers to insist the female workers to work longer hours inthe name of overtime. The extant laws as regards daily overtime as well as themonthly total workings hours are strictly regulated under the Labour Acts. Withthis flexibility the managements will have total freedom to insist for late workingby workers apart from drawing their services in the night shift as well.

The Government also proposes to widen the Apprenticeship Act to provide fornon-engineering graduates to work as apprentices. This is bound to reduce thepermanent employment opportunities and allow the industries to go for temporaryemployments on a large scale and avoid the social security benefits to thesesections of the workers. The corporate lobby has welcomed these initiatives onthe pretext of globalization and better atmosphere for foreign investments inthe country. The manufacturing industries under various heads of organizations

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TO SEEK A FAVOUR IS TO BARTER AWAY ONE'S FREEDOM

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have been demanding for right to hire and fire inthe guise of facing global competition for theirproducts.

In the guise of simplification of laws, now theGovernment proposes to do away with thecompliance of several requirements under Labourlaws by the industries by introducing one returnfor compliance which is bound to allow the industrialhouses to exploit the workers and circumventthe requirement of laws which are at presentinfavour of the working class. There was thepressure from the industrial lobby for a longtime for drastic changes in the Factories Act,Industrial Disputes Act and other similar acts inthe guise of simplification and flexibility of

procedures and legal requirements under theselaws. The Central Trade Unions have alreadyexpressed their concern over these developmentsand the fast tract approach of the Governmentwithout holding detail discussions with the unionsin the country. The opposition Party is preparingto fight these moves when these proposals arebrought on the floor of the Parliament.

It is time for all the Central Trade Unions,Associations, Federations and various labourorganizations to come together and ensure thattheir voices are heard before the Governmentattempts to bring these amendments for theconsideration of the Parliament.

hree changes for Employees’Provident Fund Organisation

(EPFO) were announced, in therecent budget announced by theFinance Minister for the year 2014-2015.

Rise in mandatory wage ceilingRise in mandatory wage ceilingRise in mandatory wage ceilingRise in mandatory wage ceilingRise in mandatory wage ceiling

So far, if the company was coveredby the EPF, then it was mandatoryto have an Employees’ Provident Fund (EPF) accountif the income of the employee was up to `̀̀̀̀6,500 amonth. If earned above `̀̀̀̀ 6,500 per month, it wasvoluntary. However, now it is mandatory to have EPFaccounts if the income is up to `̀̀̀̀15000 per month;above this limit EPF becomes a voluntary scheme.

Every month, 12% of the salary of an employee goesinto the EPF account and the employer matches thecontribution. Of the employer’s contribution, 8.33%goes into the Employees’ Pension Scheme. Now ifthe income is above `̀̀̀̀15000 per month, one caneither opt out of EPF altogether; or restrictcontribution of the statutory limit of `̀̀̀̀15000; orincrease contribution. However one can’t opt out ifhe had already opened an EPF account. He can,choose to decrease or increase his contribution upto or more than the statutory limit.

In case of employers, so far the EPFrules allowed them to restrict theircontribution to the statutory limit -12% of `̀̀̀̀6,500. Now that amountwill go up to `̀̀̀̀15000. However,employers may contribute more bycontributing 12% of the salaryinstead.

Uniform account numberUniform account numberUniform account numberUniform account numberUniform account number

A universal account number (UAN) will allowprovident fund number portability. This means ifan employee has a UAN, even if he change jobs, hewill be able to retain his PF account. The plan is tointroduce UAN by October this year. It is a steptowards easier access to PF accounts. With UANone need not have to transfer his account anymore.As of now, when one changes the jobs, he has totransfer his PF account.

Minimum Minimum Minimum Minimum Minimum `̀̀̀̀1000/- per month pension1000/- per month pension1000/- per month pension1000/- per month pension1000/- per month pension

All the pensioners who were getting a monthlypension of below ̀̀̀̀̀ 1000 under Employees PensionScheme, 1995, will now get a minimum pension of`̀̀̀̀1000 per month. “This will come as a relief forretired workers who were low wage earners andwere getting pension below ̀̀̀̀̀ 1000 per month.

EPFO GETS A MAKEOEPFO GETS A MAKEOEPFO GETS A MAKEOEPFO GETS A MAKEOEPFO GETS A MAKEOVERVERVERVERVER

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NEVER BEND BEFORE THE INSOLENT MIGHT

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For FY14, EPFO declared a rate of interest of 8.75%.EPF is one of the most tax friendly retirementproducts to have. The contributions qualify for atax deduction under section 80C. If maintained theaccount is maintained for five continuous years, thewithdrawal is completely tax free. One needn’t bein the same organization and under the same EPF

account to clock the five years. The secondadvantage is that its rate of return is at par withother debt products in the market. And increase inthe wage ceiling will bring more individuals underthe EPFO scheme.

Source: Mint, Dated 11/07/2014Source: Mint, Dated 11/07/2014Source: Mint, Dated 11/07/2014Source: Mint, Dated 11/07/2014Source: Mint, Dated 11/07/2014

ew recruits starting with abasic salary of over

`̀̀̀̀15000/- month may be deniedpension cover by the Employees’Provident Fund Organisation(EPFO)even as they contribute tothe provident fund.

While EPFO’s corpus andsubscriber base will rise significantly once thegovernment raises the wage ceiling from `̀̀̀̀6500/- pmto `̀̀̀̀15000 pm for mandatory coverage of providentfund, it will still come under pressure to pay a minimumpension `̀̀̀̀1000/- per month from its Employee’sPension Scheme (EPS) that already runs a hugedeficit. To limit the losses, the rule change toguarantee a minimum pension will come with a hostof riders.

According to an internal circular of EPFO. ‘Theproposed amendments have a provision whereby onlysuch new PF members shall become EPS(Employee’sPension Scheme) members whose pay at the time ofjoining will be less than or equal to `̀̀̀̀15000/-”

For those starting with a pay of more than `̀̀̀̀15000/- per month the EPFO circular said “the entireemployer and employee contribution shall remain inthe provident fund (EPF) and no diversion to EPS shallbe made”. This means new employees getting morethan `̀̀̀̀15,000/- as basic salary will get back theiraccumulated PF amount after retirement but won’tbe entitled to any pension. At present PF contributionsof both employees and employers are allocated tothree funds –EPF, EPS and Employees Deposit-linked

EPFO MAEPFO MAEPFO MAEPFO MAEPFO MAY EXY EXY EXY EXY EXCLCLCLCLCLUDE NEW RECRUITS EARNING OUDE NEW RECRUITS EARNING OUDE NEW RECRUITS EARNING OUDE NEW RECRUITS EARNING OUDE NEW RECRUITS EARNING OVER VER VER VER VER `̀̀̀̀15,000/-15,000/-15,000/-15,000/-15,000/-

MONTH FROM PENSION COMONTH FROM PENSION COMONTH FROM PENSION COMONTH FROM PENSION COMONTH FROM PENSION COVER - A REPORTVER - A REPORTVER - A REPORTVER - A REPORTVER - A REPORT

Insurance Scheme (EDLI).Employees contribute 12% of theirbasic salary towards EPF whileemployers contribute 3.67%towards EPF, 8.33% to EPS and0.5% to EDLI. On its behalf, thegovernment contributes at the rateof 1.16% towards EPS.

In case of employees already making PF contributionon a salary exceeding `̀̀̀̀6,500, the EPFO circular saidthe employees and employer will have to “exercise afresh option” to contribute on a salary exceeding`̀̀̀̀15000. Here again, the employees will not get thebenefit of government contributions of 1.16%.

Moreover, the proposed amendment stipulates thatpension amount will be calculated on the basis ofaverage monthly salary for last five years serviceinstead of the earlier practice one year.

The proposed minimum pension of `̀̀̀̀1000 should nothave posed too much difficulty as EPFO’s averagepension payment at present is about `̀̀̀̀ 900/- permonth. However, considering the fact that 83% ofthe pensioners get less than `̀̀̀̀1000/- per month, theEPS deficit is mainly due to the hefty pension paymentto high-earners of yesteryear. At present a little over44 lakh people draw pension, which is 10% of activesubscribers EPFO conservative estimate says thepercentage of people who may draw pension will riseto 25% of the number of active subscribers in thecoming decades.

Source: Financial Express, Dated 24/07/2014Source: Financial Express, Dated 24/07/2014Source: Financial Express, Dated 24/07/2014Source: Financial Express, Dated 24/07/2014Source: Financial Express, Dated 24/07/2014

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DEFEND THE ECONOMIC SOVEREIGNTY OF THE COUNTRY

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POLICY ON INOPERA POLICY ON INOPERA POLICY ON INOPERA POLICY ON INOPERA POLICY ON INOPERATIVE PROTIVE PROTIVE PROTIVE PROTIVE PROVIDENT FUND AVIDENT FUND AVIDENT FUND AVIDENT FUND AVIDENT FUND ACCOUNTSCCOUNTSCCOUNTSCCOUNTSCCOUNTS

n every pension fund body, some amount alwaysremains unclaimed. There should be a policy on

that". said the Central Provident Fund,commissioner.

EPFO had `̀̀̀̀26,497 crore in “inoperative accounts”as of March 2013, according to the minister of statefor labour and employment .

“The unclaimed funds there are parked in a separategovernment account and hence the cash goes to thegovernment. That means this will become publicexchequer money and no longer be a part of thepension funds. So, at the time of claiming, the personcan go to the government,” said the Commissioner,Central Provident Fund.

Finance Minister, Shri. Arun Jaitley has alreadyannounced a committee to look into utilisation ofunclaimed funds in various bodies like the publicprovident fund (PPF) and post office savings schemes.

In his Budget speech, he’d said the committee wouldgive its report by December, on how the money inthese accounts can be utilised to protect the “financialinterest of senior citizens”.

Experts welcomed this move. “If a person dies, thefamily may never know that the deceased even hada PPF account, so the funds become inoperative.There might also be cases where there is nonomination as well,” said a senior analyst.

However, inoperative funds in the EPFO do not getclassifies as unclaimed. EPFO says there are “definiteclaimants” and the amount “cannot be utilised forany other schemes except for the settlement of themembers’ account”, said the minister of State forLabour and Employment.

Source: Business Standard, Dated 20/07/2014

POWER OF APOWER OF APOWER OF APOWER OF APOWER OF ATTTTTTTTTTORNEY - ITS USE AND MISUSEORNEY - ITS USE AND MISUSEORNEY - ITS USE AND MISUSEORNEY - ITS USE AND MISUSEORNEY - ITS USE AND MISUSE

Power of Attorney (PoA) is anagreement by which

one can authorize anotherindividual to carry out certain taskson her/his behalf. It can be usedto buy, sell or rent property; carryout financial transactions such asoperating bank accounts,receiving payments, makinginvestments, etc. However, if not executed carefully,it can be misused, and the only way out could be along drawn court battle.

A PoA can be executed in the name of familymembers, friends, or real estate and stock brokers.Sometimes, promoters of companies do it in thenames of employees. The person giving the PoA iscalled the donor or grantor, while the one to who it isgiven is called the attorney. The PoA can be betweentwo parties in the same city, different cities ordifferent countries.

Matters relating to powers of attorney are regulatedby the Powers of Attorney Act. According to a Mumbai

–based lawyer most peopleexecuting a PoA do not understand it.There have been cases in which a PoAis given to sell property, and the buyerissues the cheque in favour of theattorney, instead of the propertyowner.

They do not understand that a PoA isnot a transfer of title document in itself, but only giveslimited power to the holder to deal with the propertyin the name of the donor. Any misuse of the PoA orcollection of any money in the personal name of theattorney shall not only make the attorney liable forcriminal prosecution, but also the said transactionshall be deemed illegal and invalids.

There are cases where high net worth individualsgive PoA to brokers to carry out equity trading ontheir behalf. But if the broker trades recklessly thenthe client could end up losing lot of money. So, clientsneed to regularly keep track of their investments andcheck with the brokers if they suspect something.According to an other legal expert there are instances

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SUCCESS COMES TO THOSE WHO DARE AND ACT

Labour Research, July-August -2014 66666

in which the person granting the power revokes it,but the attorney continues to use the power. At times,an attorney simply sings a document withoutattending to the details, which creates problems forthe donor. Sometimes, an employee might use thepower by contracting on behalf of the employer. Often,we see notices in newspapers to the effect that anemployee has left an organization and the employerstates he/she will not ratify the acts of the employee.

TYPES OF POA

There are two types of PoA –general and specific. Ageneral PoA is one that gives an attorney the authorityto do multiple things. For instance, if one is goingabroad on an assignment, one can give a PoA in thename of his /her father, authorizing him to operate abank account, collect rent, etc.

A specific PoA is for specific purposes and shouldmention all details of the task to be carried out. Forinstance, assume you are planning to buy a houseand the deal will fall through if the payment isn’t madewithin 20-25 days. In such a case, if you have to go outof town, you can give a specific PoA to your broker,authorizing him/her to carry out the transaction onyour behalf. This PoA will mention all details such asthe property name, the price at which the deal will betransacted, the seller’s name, the period by when thedeal will be completed, the person in whose namethe cheques should be issued, etc. Also, one mustmention the documents the attorney can sign on yourbehalf. Some other conditions that the PoA shouldideally include are the time period by when thespecific transaction (for which the PoA is being given)should be complete and the region or geographicalarea within which the PoA is valid. It is important for aperson who receives a PoA to keep a copy of everydocument she /he signs under the PoA. This way, onecan produce it whenever necessary to show he /shehasn’t violated the terms of the power.

HOW TO REGISTER A PoA

A PoA has to be executed on stamp paper based onthe stamp value prevailing in the respective state.

A PoA might be notarized or registered. If it relates toimmovable property, it must be registered: if itpertains to movable property, notarization will suffice.

In such cases, an advocate will have to identify theperson giving the PoA. Also, if a PoA is registered, itmust have a witness. Typically, a witness should be athird party, not someone related to either the grantoror the attorney.

CANCELING A PoA

If a PoA is notarized, you can cancel it by crossing thedeed, akin to cancelling a cheque. However, if it isregistered, you have to revoke the deed and publishadvertisements in this regard in one or twonewspapers (preferably English and regionallanguage ones) that are circulated in the city in whichthe attorney resides. Following this, the deed isautomatically revoked.

In case an attorney misuses a PoA and causes damageto a grantor, there is no other option for the grantorbut to move court. Also, the grantor will have toregister the revocation, which will involve a particularfee. Sometimes, power is given to a sub-delegate,that is, the attorney can appoint an other attorney.However, in such cases, the donor might lose controland not be aware of who the power has been sub-delegated to. Therefore, donors can include a clausestating that the power given cannot be sub delegated.

A PoA expires when a donor or attorney dies. “If thedonor dies, the attorney might not be aware of thisand might continue to use the PoA. Or, the attorneycould continue to use the PoA, despite knowing thedonor has passed away,” .

LEGAL SANCTITY

A PoA has legal sanctity, but it can be contested incourt. Nowadays, there are safeguards in a PoA-inaddition to the signature, the photograph and thumbimpression have to be affixed. “But despite this, aperson might use the PoA for wrong purposes or sellproperty or an asset for a lower consideration than heought to,”. In such a case, the affected party mightmove court against either the PoA or its use. Someonewho loses by virtue of the use of the power can alsocontest it. If the PoA is used despite the fact that thedonor has revoked it, the donor can contest thevalidity and use of the power.

Source: Business Standard, Dated:26/05/2014

WORK IS WORSHIP, DO YOUR DUTY

66666 Labour Research, July-August -2014

Breakfast can be complete only if complexBreakfast can be complete only if complexBreakfast can be complete only if complexBreakfast can be complete only if complexBreakfast can be complete only if complexcarbohydrates are paired with protein to have acarbohydrates are paired with protein to have acarbohydrates are paired with protein to have acarbohydrates are paired with protein to have acarbohydrates are paired with protein to have avaried nutrient intake.varied nutrient intake.varied nutrient intake.varied nutrient intake.varied nutrient intake.

Eggs, (porridge), sprouts, yogurt-starting the day with a high-powerprotein breakfast can help you loseweight and provide the requiredenergy to perk you up after a night’srest. Studies have shown that peoplewho eat a high-protein breakfastconsume up to 26% less calories atthe next meal. They also experiencegreater satiety, have less food motivation (craving)and better diet quality.

“Daily’ consumption of a protein-rich breakfastreduces ghrelin (hunger hormone) and significantlyreduces mid-meal snacking on high fat and high-sugar foods through the day; according to aBangalore based diet consultant Ms. VasundharaAgarwal.

A study of overweight adolescent girls in the US overa seven-day period, in which some of them skippedbreakfast and some consumed the same number ofcalories but with different protein content (13g and35g), found that the high-protein breakfast reducedevening snacking and daily hunger by altering theneural and hormonal signals that controlled foodintake. The study was published in the AmericanJournal of Clinical Nutrition last year. A high-proteinbreakfast also helps maintain glucose levels. A study,published in the FASEB Journal in April, found thatwomen who consumed a high-protein breakfast (30gand 39g) had 10-14% lower glucose levels 4 hourslater than those who consumed a low-proteinbreakfast (3g). A high-protein breakfast keeps onealert and active and is a good start for a work day.High protein foods (dairy products, nuts, beans, tofuand meat) have tyrosine, an amino acid whichimproves alertness, whereas high-carbohydrate foods

(sweet or starchy foods like rice, white bread andsweets) release serotonin, a chemical that makes us

drowsy. So a high-protein meal isbetter suited for the morning anda carbohydrate-rich meal for laterin the day, says Dr. Adarsh,Professor in department ofgastroenterology, St. John’sMedical College, Bangalore.

“It is recommended that theaverage person consume onegram protein per kilogram body

weight per day. So, a person weighing 60kg shouldhave 60g of protein per day. In growing children, thisis a little higher. In a day, the total dietary proteinshould be 10-15% of total calorific requirement anda third of that should be consumed at breakfast. Theaverage Indian breakfast comprising idli or dosa orparatha or poha contains 12-20g protein,” says DrAdarsh.

But not all dietitians and experts agree that a largechunk of the daily protein requirement should beconsumed at breakfast. Anupama Menon, aBangalore-based dietitian, believes that ideally, oneshould have carbohydrates in the morning to providethe pick-me-up that the body needs.

“Yes, we do need to have some protein in the morningas our muscles are starved of it after a long night’srest. But since our activity level is high in the morningsand our body tends to bum more calories, acarbohydrate-based meal is better.”

It’s good to get the sugar kicked in first thing in themorning and follow it with a balanced mealcarbohydrates and proteins like idli/dosa,” said Ms.Menon. Is there a danger in consuming too muchprotein?

Dr Adarsh says: “Protein gets converted into fat whenmore than the daily requisite amount is consumed.

KEEPING THE BREAKFKEEPING THE BREAKFKEEPING THE BREAKFKEEPING THE BREAKFKEEPING THE BREAKFAST BALANCEAST BALANCEAST BALANCEAST BALANCEAST BALANCE

Should your first meal of the day be protein-rich or carbohydrate-abundant?Whatever you do, make sure you do not miss this important meal

Health TipHealth TipHealth TipHealth TipHealth Tip

FORTUNE FAVOURS THE BRAVE

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Patients with kidney disease should avoid high-proteinfood, as it can result in high levels of calcium oxalate,leading to kidney stones.” Adds Menon: “It’s rare toachieve even 20g of protein with an average Indianbreakfast as the meal tends to be vegetarian.Consume a balanced meal of carbohydrates, proteinsand fats; each has its own functions and one cannot

replace the other. Stick to the required amount ofprotein in a day and do not overload protein in a dayand do not overload protein at anyone meal.” anyonemeal.”Excerpts from avtich by Deepa Padmanabhen.

Source: Mint: 22/07/2014Source: Mint: 22/07/2014Source: Mint: 22/07/2014Source: Mint: 22/07/2014Source: Mint: 22/07/2014

e see beauty in the object welove. More we look at the object

more will be our attraction towards thesame with a feeling of more and morebeauty in it. So is our life. More welove our life more will be the urgetowards our life. Life always brings outthe best in us. Like fragrance of aflower, true happiness is an expressionof one’s unconditional self. Happinessencourages trust, spontaneityoptimism and enthusiasm.

Every second in life is precious for us.As such we need to make use of the life that is beforeus. There is a general saying that those who live hasto suffer, those who think has to weep and the luckyis those who are unborn. That is only a pessimisticimpression about life. But when we think positive wewill find that the life is full of joy, wholly abundantand wholly peaceful. When we are lucky enough toborn on this earth, it has to be made use of for thebenefit of humanity. When we think of life positively,every second, every minute, every hour is availablebefore us that will make our life more creative andpeaceful. In the sprightly morning with an excitingday stretching ahead of us with our morning tea, ourlife starts when we should live like a fish dive in to thewater; fly like a bird in to the sky in ecstasy. It elevateslife from ordinary to realm of extraordinary.

Men are generally haunted with the thoughts of regretof the past and anxiety of the future; forget to livefor the present. As such we need to develop a passionand keep the mind engaged. As an idle mind is adevils' paradise it is always better to keep the mindengaged constructively instead of maintaining anegative thinking. We envy our neighbour on their

LIFE IS BEAUTIFULLIFE IS BEAUTIFULLIFE IS BEAUTIFULLIFE IS BEAUTIFULLIFE IS BEAUTIFUL

life style high profile job, with thethinking that we would have beenbetter off if we were in theirposition, instead of making use theopportunities available before us.Happiness is the enjoyment of thesenses by the body. It comes outin beautiful colours, rich aromas,wonderful tunes, healing touches,exotic tastes etc., How to keep thelife exciting and dynamic is lyingwithin our selves, for which weshould develop a passion. Itelevates life from ordinary to extra

ordinary. Love, romance and sex are all emotionscapable of driving people to greater heights.Romance is the urge of the mind to life. Whenromantic we find beauty around us; and in the objectwe love. Similarly we see ugliness in the object wehate in spite of its hidden beauty. While looking at agirl, the renowned English poet S.T. Coleridge said ‘Inever knew that she was so charming till such time Isaw her smile. She was only an ordinary girl like others.Her smile had attracted the poet towards her. Morehe starred at the girl, more he became romantic.When in tantum romance comes to our mind throughthe humming of tunes, as romance is always linkedto music and it plays as a background for a romanticlife. Many immortal poems and art creations in theworld were the outcome of immortal love. Romancemakes us to overcome all bitterness in life as an oasisin a parched mind.

An element of romance is hidden in every mind whenpeople desire for novelty, new colours new attire toget attracted – Even in nature a touch of romance isthere in the rain drops, moonlit night, rippling streamof water, murmuring leaves, morning dew, chirping

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STRONG REASONS MAKE STRONG ACTIONS

of birds, gentle braze, fragrance offlowers etc. The nostalgia of one’spast romantic life comes when seeingor hearing any romantic object orsound. Wherever the mind isemotional or in turbulence it is betterto recollect all good incidence of thepast. We find love everywhere on thisearth. It is a spontaneous outflow ofemotion and move towards life. It creates an urgein us to live and love. Love makes the depressedmoments in life into golden dust, joyful and soft. Loveis not an act between a male and female as it makesus to love the entire world. According to a generalsaying it is better to love all. Even if the love is notreciprocated it will soften and purify one’s mind. Inevery human heart under whatever circumstances

the beautiful flow of humanismwill be in full bloom with unfadingfragrance, always showingconcern for the welfare of others.If we wipeout someone’s tears itgives us lasting happiness.

Love has many sides, shade andcolour. Love and friendship are

different. In friendship people behave friendly, withoutany secrecy. Whereas in love people has the tendencyto conceal the negative side of their life to please thepartner to become a good boy. When love and beautyare everywhere, we should think positive and embracelife, leaving behind all adversities. It is good to be anaspirant and even greedy about one’s good. Most ofus prefer to live today than plan for tomorrow. Destinyis our own creation out of our own deed.

nrelenting stress, lingering worryand nervous anxiety can

debilitate health, damage muscletissue and dent immunity. But sincethe extent and quantum of stressdepends entirely on your lifestyle andcircumstances, which cannot alwaysbe controlled, there is a risk of stresslevels escalating unabated, andcumulatively. Today it is notuncommon to find oneself suddenly in the midst ofinsurmountable tension caused by unforeseenchallenges. Challenges that are for the most partassociated with the responsibilities one face-towards family, ageing parents, career. Lingeringstress, in turn, stresses the body, triggering certainhormones into remaining in circulation at extremelevels.

Cortisol, also known as the alarm hormone, isproduced by the adrenal glands in response to bothphysical and mental stress. When cortisol levels risebecause of physical stress, exercise and sport, theoutcomes are good because immune function andenergy metabolism get better. When cortisol levelsrise as a result of worry and mental stress, theimmediate first –phase response is that the hormone

levels rise rapidly and destroy thebrain cells responsible for improvingmood. Sustained overexposure tocortisol is also associated withincreased cravings for sugary, saltyand greasy foods, impaired bonehealth and blood sugar regulation,abdominal obesity, depression,anxiety, increased menstrual cramps,menstrual hot flashes mood swings,

fatigue, and loss of muscle and connective tissue,leading to arthritis.

Such sustained overexposure eventually leads to asecond phase of underexposure to cortisol. This isbecause the brain sets up a compensatorymechanism to protect brain cells from overexposureto cortisol and becomes resistant to the actions ofcortisol. This, in turn, causes cortisol level to drop.Below normal cortisol levels can lead to memory lossand psychological problems like depression andmental fatigue.

So is there a way out of this metabolic stress? Stresslevels are next to impossible to control. Can leadinga healthy lifestyle help us cope with the ever-increasing levels of stress? The answer to regulating

When we think of lifepositively, every second,every minute, every hour isavailable before us that willmake our life more creativeand peaceful.

SURVIVING STRESSSURVIVING STRESSSURVIVING STRESSSURVIVING STRESSSURVIVING STRESS

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Labour Research, July-August -2014 1010101010 MAN IS THE ARCHITECT OF HIS OWN FUTURE

blood cortisol levels lies in how much and how oftenwe exercise, and a judicious choice in foods.

First things first. Eliminate and / or reducethe intake of stimulants like coffee, tea, alcohol anddietary supplements that contain the chemicalcompound ephedra, aerated drinks, and sugaryfoods. Such foods increase nervous tension andanxiety because they further stimulate the alreadyalerted brain cells. Foods that contain trans fats andsodium, like biscuits, pastries, fries, 2-miniue snacks,packaged soups and chips, must be avoided. Transfats can lead to inflammation of body tissues, whilean excess of sodium leads to dehydration.

Remember to include foods that contain anti-stress nutrients, such as protein –dense items likeskimmed paneer (cottage cheese) / yogurt /milk,lean poultry, eggs and fish. Eggs in particular containthe carotenoid lutein, an anti-stress nutrient. It alsohelps to have fruits and vegetables that are rich invitamin C and fiber, like broccoli, beans, purplecabbage, cauliflower and spinach; nuts and seedsthat contain healthy omega nutrition like almonds,sesame and pumpkin seeds; and vitamin E, apowerful antioxidant that works together with vitamin

C to improve immunity and lower cortisol –inducedinflammation in body tissues.

Middle –aged person should consume about 500gof multicolored vegetables and 300g of high fiber,low-starch fruits in a day. Foods that contain solublefiber like oats, legumes like rajma (kidney bean) andchana (chickpea), and flaxseed, a rich source ofomega nutrition, go a long way in regulating bloodcholesterol and sugar that can prevent the debilitiescaused by overexposure to cortisol levels, likeimpaired immunity, increased anxiety anddepression, and elevated blood sugar andcholesterol. Such foods improve the way the bodyresponds to stress and keep cortisol levels in check.Remember to have your breakfast and drink half orone glass of water every waking hour to dilute thebody’s stress response.

Exercise, including a mix of weight andcardiovascular training and a range of motionexercises, can increase muscle tissue, improve jointhealth and stimulate fat loss, which in turn can keepcortisol levels in check despite escalating stress.

Source: Mint, Dated 15/07/2014

2014-I-LLJ-425 (Cal)2014-I-LLJ-425 (Cal)2014-I-LLJ-425 (Cal)2014-I-LLJ-425 (Cal)2014-I-LLJ-425 (Cal)IN HIGH COURT OF CALCUTTIN HIGH COURT OF CALCUTTIN HIGH COURT OF CALCUTTIN HIGH COURT OF CALCUTTIN HIGH COURT OF CALCUTTAAAAA

Present:Present:Present:Present:Present:Hon ‘ble MrHon ‘ble MrHon ‘ble MrHon ‘ble MrHon ‘ble Mr. Justice Dipankar Datta. Justice Dipankar Datta. Justice Dipankar Datta. Justice Dipankar Datta. Justice Dipankar Datta

WWWWW.P.P.P.P.P. No. 1074 of 2010 3rdDecember. No. 1074 of 2010 3rdDecember. No. 1074 of 2010 3rdDecember. No. 1074 of 2010 3rdDecember. No. 1074 of 2010 3rdDecember, 2013, 2013, 2013, 2013, 2013Thoudam TThoudam TThoudam TThoudam TThoudam Tombi Singh Pombi Singh Pombi Singh Pombi Singh Pombi Singh Petítioneretítioneretítioneretítioneretítioner

VVVVVersusersusersusersusersusUnited Bank of India and Others - RespondentsUnited Bank of India and Others - RespondentsUnited Bank of India and Others - RespondentsUnited Bank of India and Others - RespondentsUnited Bank of India and Others - Respondents

Employment and Labour Law — Retirement benefit - Refixation of pension – Petítioner placed underEmployment and Labour Law — Retirement benefit - Refixation of pension – Petítioner placed underEmployment and Labour Law — Retirement benefit - Refixation of pension – Petítioner placed underEmployment and Labour Law — Retirement benefit - Refixation of pension – Petítioner placed underEmployment and Labour Law — Retirement benefit - Refixation of pension – Petítioner placed undersuspension for involvement in Criminal case - Despite six years lapsed since Petítioner placed undersuspension,suspension for involvement in Criminal case - Despite six years lapsed since Petítioner placed undersuspension,suspension for involvement in Criminal case - Despite six years lapsed since Petítioner placed undersuspension,suspension for involvement in Criminal case - Despite six years lapsed since Petítioner placed undersuspension,suspension for involvement in Criminal case - Despite six years lapsed since Petítioner placed undersuspension,trial could not conclude - Decision by Respondent/Bank to revoke order of suspension and to allow Petítionertrial could not conclude - Decision by Respondent/Bank to revoke order of suspension and to allow Petítionertrial could not conclude - Decision by Respondent/Bank to revoke order of suspension and to allow Petítionertrial could not conclude - Decision by Respondent/Bank to revoke order of suspension and to allow Petítionertrial could not conclude - Decision by Respondent/Bank to revoke order of suspension and to allow Petítionerto resume duty - Pto resume duty - Pto resume duty - Pto resume duty - Pto resume duty - Petítioner retired from seretítioner retired from seretítioner retired from seretítioner retired from seretítioner retired from service - Subsequently after superannuation,Tvice - Subsequently after superannuation,Tvice - Subsequently after superannuation,Tvice - Subsequently after superannuation,Tvice - Subsequently after superannuation,Trial Court acquittedrial Court acquittedrial Court acquittedrial Court acquittedrial Court acquittedPetítioner on benefit of doubt - Petítioner claimed. Recalculation of retirement benefits and refixation ofPetítioner on benefit of doubt - Petítioner claimed. Recalculation of retirement benefits and refixation ofPetítioner on benefit of doubt - Petítioner claimed. Recalculation of retirement benefits and refixation ofPetítioner on benefit of doubt - Petítioner claimed. Recalculation of retirement benefits and refixation ofPetítioner on benefit of doubt - Petítioner claimed. Recalculation of retirement benefits and refixation ofpension and consequential benefits – Claim rejected – Whether Respondent/bank justified in rejectingpension and consequential benefits – Claim rejected – Whether Respondent/bank justified in rejectingpension and consequential benefits – Claim rejected – Whether Respondent/bank justified in rejectingpension and consequential benefits – Claim rejected – Whether Respondent/bank justified in rejectingpension and consequential benefits – Claim rejected – Whether Respondent/bank justified in rejectingprayer for re-fixation of pension and other consequential benefits to Petítioner - Held, various clausesprayer for re-fixation of pension and other consequential benefits to Petítioner - Held, various clausesprayer for re-fixation of pension and other consequential benefits to Petítioner - Held, various clausesprayer for re-fixation of pension and other consequential benefits to Petítioner - Held, various clausesprayer for re-fixation of pension and other consequential benefits to Petítioner - Held, various clausesrelating to entitlement/non-entitlement become operative only if delinquent employee’s serrelating to entitlement/non-entitlement become operative only if delinquent employee’s serrelating to entitlement/non-entitlement become operative only if delinquent employee’s serrelating to entitlement/non-entitlement become operative only if delinquent employee’s serrelating to entitlement/non-entitlement become operative only if delinquent employee’s service terminatedvice terminatedvice terminatedvice terminatedvice terminatedafter proper enquirafter proper enquirafter proper enquirafter proper enquirafter proper enquiry - No enquiry - No enquiry - No enquiry - No enquiry - No enquiry conducted against Py conducted against Py conducted against Py conducted against Py conducted against Petítioneretítioneretítioneretítioneretítioner- P- P- P- P- Petítioner acquitted by Criminal court,etítioner acquitted by Criminal court,etítioner acquitted by Criminal court,etítioner acquitted by Criminal court,etítioner acquitted by Criminal court,albeit on beneût of doubt - When no decision to terminate seralbeit on beneût of doubt - When no decision to terminate seralbeit on beneût of doubt - When no decision to terminate seralbeit on beneût of doubt - When no decision to terminate seralbeit on beneût of doubt - When no decision to terminate service on enquirvice on enquirvice on enquirvice on enquirvice on enquiryyyyy, no authority to R, no authority to R, no authority to R, no authority to R, no authority to Respondent/espondent/espondent/espondent/espondent/

1010101010 Labour Research, July-August -2014

WORKERS OF INDIA, UNITE

Bank to depriveBank to depriveBank to depriveBank to depriveBank to deprive Petítioner of pays and allowancesPetítioner of pays and allowancesPetítioner of pays and allowancesPetítioner of pays and allowancesPetítioner of pays and allowancesand other benefits - Order impugned set aside-and other benefits - Order impugned set aside-and other benefits - Order impugned set aside-and other benefits - Order impugned set aside-and other benefits - Order impugned set aside-Petítioner be paid entire financial benefits - PetitionPetítioner be paid entire financial benefits - PetitionPetítioner be paid entire financial benefits - PetitionPetítioner be paid entire financial benefits - PetitionPetítioner be paid entire financial benefits - Petitionallowed.allowed.allowed.allowed.allowed.

JUDGMENTJUDGMENTJUDGMENTJUDGMENTJUDGMENT

MrMrMrMrMr. DIP. DIP. DIP. DIP. DIPANKAR DANKAR DANKAR DANKAR DANKAR DAAAAATTTTTTTTTTA, J.A, J.A, J.A, J.A, J.

The petitioner is a retired- employee of the respondentno. 1 Bank (hereafter the Bank). While being postedat the Singjamai Branch of the Bank, the petitionerwas placed under suspension vide ofûce order datedMarch 18, 1988 for his involvement in a criminal caseinitiated by the Central Bureau of Investigation. Thepetitioner was being tried for commission of offencepunishable under Sections 420, 467 and 471 of theIndian Penal Code and under Section 5(2) of thePrevention of Corruption Act, 1947 read with Section5(1) (d) thereof.

2. Despite 6 years having lapsed since the petitionerwas placed under suspension, the trial could notconclude and accordingly it was decided by thecompetent authority of the Bank to revoke the orderof suspension and to allow the petitioner to resumeduty. An order to this effect was issued on March 25,1994. The 3rd paragraph of the said order beingrelevant for a decision on this writ petition is quotedbelow:

“Now, the undersigned upon consideration and reviewof the overall circumstances hereby revokes the saidorder of suspension of Singh with immediate effectprovided that the entitlement, if any, of Sri Singh forthe period of his suspension besides those alreadypaid-to him by way of subsistence allowance as wellas his entitlement, if any, to increments and otherbeneûts for the said period of his suspension will bedetermined after disposal of the said criminal caseas pending against him.”

3. The petitioner resumed duty and on attaining theage of superannuation retired from service onFebruary 29, 2008. Towards the end of the same year,December 15, 2008 to be precise, the learned SpecialJudge, Manipur East, delivered judgment in SpecialTrial No. 1 of 1988/4/9 1/1/96/4/96/1/97/5/97/2/98/2/99 Central Bureau of Investigation vCentral Bureau of Investigation vCentral Bureau of Investigation vCentral Bureau of Investigation vCentral Bureau of Investigation v. 1 _. 1 _. 1 _. 1 _. 1 _

Moirangthem Madhu Singh, 2. Thoudem TMoirangthem Madhu Singh, 2. Thoudem TMoirangthem Madhu Singh, 2. Thoudem TMoirangthem Madhu Singh, 2. Thoudem TMoirangthem Madhu Singh, 2. Thoudem TombiombiombiombiombiSingh, 3. WSingh, 3. WSingh, 3. WSingh, 3. WSingh, 3. Wahengbam Jaikumar Singh.ahengbam Jaikumar Singh.ahengbam Jaikumar Singh.ahengbam Jaikumar Singh.ahengbam Jaikumar Singh. Theprosecution, it was held, had failed to-prove the guiltof the accused persons beyond reasonable doubt andaccordingly they were acquitted on beneût of doubt.

4. After being acquitted, the petitioner submitted arepresentation on August 20, 2009, claimingrecalculation of retirement benefits and reûxation ofpension and consequential benefits. The said claimwas rejected by the Chief Manager of the Bank by anorder dated October 8, 2009. The relevantparagraphs of the said order read as follows:

“On perusal of the aforesaid judgement dated15.12.2008 it is observed that you were acquitted byHon°ble Court on beneût of doubt. In the aforesaidbackground on record the matter was placed to theCompetent Authority for his consideration anddecision within the provisions laid down in Clause 3(c)of Memorandum of Settlement dated 10.4.2002which, inter alia, provides that if acquittal of anAward Staff is by giving the beneût of doubt, theAward Staff concerned may be paid such pay andallowances as the Management may deem properand the period of his absence would not be treatedas a period spent on duty unless the Managementso directs. The Competent Authority ‘has sinceexamined the matter and has decided that you willnot be entitled to any further pay and allowancesapart from what has already been paid to you byway of subsistence allowance during the period ofyour suspension and the said period would not be so–treated as periods spent on duty, in assessment ofthe nature/gravity of the charge levelled against youin the criminal prosecution in the face of youracquittal on being given the benefit of doubt.”

5. By filing this writ petition dated August 12, 2010,the petitioner has sought for interference of this Courtwith the said order dated October 8, 2009.

6. I have heard Mr. Sanyal and Mr. Majumder, learnedadvocates for the petitioner and the Bank respectively.

7. Mr. Majumder, in support of the impugned order,has referred to various clauses of the Memorandumof Settlement (hereafter the M.O.S.) on disciplinary

Labour Research, July-August -2014 1212121212

A GOOD MAN DOES NOT ARGUE, HE WHO ARGUES IS NOT A GOOD MAN

action and procedure, dated April 10, 2002. Hecontended that since the petitioner was nothonourably acquitted but was acquited on beneûtof doubt, the competent authority of the Bank in hisdiscretion was justiûed in denying the petitioner therelief claimed by him.

8. I am afraid, the contention of Mr. Majumdercannot be accepted. Clauses 3 and 4 of the M.O.S.have been referred to by Mr. Majumder. The same,to the extent relevant for a decision on this writpetition, are quoted below:

“CL“CL“CL“CL“CLAAAAAUSE 3USE 3USE 3USE 3USE 3

(a) When in the opinion of the management anemployee has committed an offence, unlesshe be otherwise prosecuted, the bank maytake steps to prosecute him or get himprosecuted and in such a case he may alsobe suspended.

(b) If he be convicted, he may be dismissed witheffect from the date of his conviction, or begiven any lesser form of punishment asmentioned in Clause 6 below.

(c) If he be acquitted, it shall be open to themanagement to proceed against him underthe provisions set out below in clauses 11 and12 (infra) relating to discharges. However, inthe event of the management deciding afterenquiry not to continue him in service, heshall be liable only for termination of servicewith three months’ pay and allowances in lieuof notice. And he shall be deemed to havebeen on duty during the period of suspension,if any, and shall be entitled to the full payand allowances minus such subsistenceallowance as he has drawn and to all otherprivileges for the period of suspensionprovided that if he be acquitted by being giventhe beneût of doubt he may be paid suchportion of such pay and allowances as themanagement may deem proper, and theperiod of his absence shall not be treated asa period spent on duty unless themanagement so directs.

CLCLCLCLCLAAAAAUSE 4USE 4USE 4USE 4USE 4

If after steps have been taken to prosecute anemployee or to get him prosecuted, for an offence,he is not put on trial within a year of the commissionof the offence, the management may then, deal withhim as if he had committed an act of grossmisconduct or of “minor misconduct” as deûnedbelow, provided that, if the authority which was tostart prosecution proceedings refuses to do so orcome to the conclusion that there is no case forprosecution it shall be open to the management toproceed against the employee under the provisionsset out below in Clause 11 and 12 (infra) relating todischarge, but he shall be deemed to have been onduty during the period of suspension, if any, and shallbe entitled to the full wages and allowances and toall other privileges for such period. In the event of themanagement deciding, after enquiry, not to continuehim in service he shall be liable only for terminationwith three months” pay and allowances in lieu ofnotice as provided in Clause 3 above.

If within the pendency of the proceedings thusinstituted he is put on trial such proceedings shall bestayed pending the completion of the trial, after whichthe provisions mentioned in Clause 3 above shallapply.”

9. According to Mr. Majumder, since the trial hadcommenced before the criminal court, the Bank wasprecluded from proceeding against the petitionerdepartmentally till such time decision was given bysuch court. By the time the petitioner was acquittedon benefit of doubt, he had also retired from serviceand there being no scope for initiation of disciplinaryproceedings after retirement, the Bank could notproceed against him. However, since the provisoprovisoprovisoprovisoproviso inClause 3(c) of the M.O.S. permitted the Bank to paysuch portion of pay and allowances as it deems ûtand proper and the petitioner was put on notice whilethe order of suspension was revoked that hisentitlement, if any, to increments and other beneûtsfor the period spent under suspension would bedetermined after disposal of the criminal case, thereis no infirmity in the order impugned.

LABOUR RESEARCHTo: OFFICERS'CAUSE DOMESTIC ENQUIRY OFFICERS'CAUSE DOMESTIC ENQUIRY OFFICERS'CAUSE DOMESTIC ENQUIRY OFFICERS'CAUSE DOMESTIC ENQUIRY OFFICERS'CAUSE DOMESTIC ENQUIRY LABOUR RESEARCH

Rates of Subscription Rates of Subscription Rates of Subscription ANNUAL : `̀̀̀̀ 40/- ANNUAL : `̀̀̀̀ 40/- ANNUAL : `̀̀̀̀ 30/-

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AND MAILED TO

THE GENERAL SECRETARY

ALL INDIA STATE BANK OFFICERS' FEDERATIONSTATE BANK BUILDINGS,

ST.MARK'S ROAD, BANGALORE - 560 001: 22270619: FAX : 22214959/22214956,

E-mail: aisbofbangalore@gmail.comWeb: http://www.aisbof.org

EDITED and Published by Sri. Y. Sudarshan on behalf of AISBOF, at SBI Buildings,St.Mark 's Road, Bangalore - 560 001, Printed at L .V. Graphics 23321456

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10. The proviso in Clause 3(c) cannot be torn out ofcontext and applied to the petitioner. Clause 3(c) hasto be read as a whole, of which the proviso is an integralpart. What Clause 3(c) ordains is that if an employee isacquitted by an order of the criminal court, themanagement shall have the right to proceed againsthim departmentally in accordance with Clauses 11 and12 of the M.O.S. relating to discharges. However, ifafter enquiry, the management decides not to continuethe employee in service, he shall be liable for terminationof service with 3 month’s pay and allowances in lieu ofnotice. He shall also be deemed to have been on dutyduring the period of suspension, if any, and entitled tofull pay and allowances minus ‘subsistence allowancealready drawn but in case he be acquitted by givingthe beneût of doubt by the criminal court, he would beentitled to only such pay and allowances themanagement considers proper and the period ofabsence shall not be treated as a period spent on dutyunless so directed by the management. The essence ofClause 3 is therefore, an enquiry culminating in adecision not to continue the delinquent employee inservice. The various clauses relating to entitlement/non-entitlement would become operative only if a delinquentemployee’s service is terminated after a proper enquiry.

11. Admittedly, no enquiry was conducted against the

petitioner. The fact that the criminal court decidedthe case upon trial after the petitioners retirement fromservice and, therefore, the Bank could not proceedagainst him depart mentally, is of no relevance havingregard to the clauses of the M.O.S. The petitionerhaving been acquitted by the criminal court, albeit onbeneût of doubt, and there being no decision toterminate his service following an enquiry, thecompetent authority of the Bank did not have anyauthority to deprive him of the pay and allowancesand other beneûts over and above the subsistenceallowance paid to him during the period spent undersuspension.

12. in the result, the order impugned dated October9, 2008, stands set aside. There shall be mandamusmandamusmandamusmandamusmandamusin terms of prayer a of the writ petition. Let thepetitioner be paid the entire financial benefits to whichhe is entitled as early as possible, but not later than 2months from date of receipt of a copy of this order.13. The writ petition stands allowed, without order forcosts. Urgent Photostat certified copy of this judgmentand order, if applied for, may be furnished to theapplicant at an early date.

Prayer for stay of operation of the order made byMr. Majumder, learned advocate for the Bank isconsidered and refused.

Petition allowed.Petition allowed.Petition allowed.Petition allowed.Petition allowed.