TMI Blog1983 (9) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... e raised by all employers, particularly public sector corporations, whenever an industrial dispute is referred to a tribunal for adjudication. One objection is that there is no industry, a second that there is no industrial dispute and the third that the workman is no workman. It is a pity that when the Central Government, in all solemnity, refers an industrial dispute for adjudication, a public sector corporation which is an instrumentality of the State instead of welcoming a decision by the Tribunal on merits so as to absolve itself of any charge of being a bad employer or of victimisation etc. should attempt to evade decision on merits by raising such objections and never thereby satisfied, carry the matter often times to the High Court and to the Supreme Court, wasting public time and money. We expect public sector corporations to be model employers and model litigants. We do not expect them to attempt to avoid adjudication or to indulge in luxurious litigation and drag: workmen from court to court merely to vindicate, not justice, but some rigid technical stand taken up by them. We hope that public sector corporation will henceforth refrain from raising needless objections, fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eep of the definition which is designed to cover all manner of persons employed in an industry, irrespective of whether they are engaged in skilled work or unskilled work, manual work, supervisory work, technical work or clerical work. Quite obviously the broad intention is to take in the entire 'labour force' and exclude the 'managerial force'. That of course, is as it should be. It is trite to say that Industrial Disputes Act is a legislation intended to bring about peace and harmony between labour and management in all industry and for that purpose, it makes provision for the investigation and settlement of industrial disputes. It is, therefore, necessary to interpret the definitions of 'industry', 'workman,' 'industrial dispute', etc. so as not to whittle down, but to advance the object of the Act. Disputes between the forces of labour and management are not to be excluded from the operation of the Act E by giving narrow and restricted meanings to expressions in the Act. The Parliament could never be credited with the intention of keeping out of the purview of the legislation small bands of employees who, though not on the managerial s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity, while in the case of Development officers. It is the Divisional Manager (that is, the officer next below in rank to Zonal Manager) that is the appointing and disciplinary authority. Even in the case of Superintendents of Class III. it is the Zonal Manager that is the appointing and disciplinary authority. Development officers and employees of Class III and Class IV other than Superintendents are placed on par and in their case, it is the Divisional Manager that is the appointing and disciplinary authority. Schedule-II gives the pay scales of the employees of the Corporation. The scale of pay of the lowest paid class-I officer is ₹ 530-40-1050. The scale of pay of a Superintendent in class- IlI is ₹ 330-25-680-30-740. The scale of pay of development officer Grade-I is ₹ 230-15-320-20-360-EB-20- 400-25-550-EB-30-760. The scale of pay of a development officer Grade-II is ₹ 170-10-220. The scale of pay as well as the authorities competent to appoint and take disciplinary action indicate that the appellation 'development officer' is no more than a glorified designation. Development officers are separated from 'officers' strictly so called an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... op the business of the Corporation in the area allotted to you, and for that purpose to recruit active and reliable agents drawn from different communities and walks of life on such terms as may be stipulated by the Corporation from time to time and to train them up both canvassing new business and for rendering such post-sale services as the policy-holders may be in need of. In addition to this, the existing agents who may be allotted to you hereafter should be well enthused and assisted by you. You will, whenever called upon to do so, assist the Branch Manager or the Assistant Branch Manager in the investigation of claims. We are enclosing herewith for your information and study a draft letter which will be issued by the Corporation to new agents who may be selected by you. You should also study the leaflet entitled Hints to Agents referred to therein, a copy of which is also enclosed herewith. The Corporation has issued a Manual for Agents and you should make it a point to study the Manual carefully. After an agent has continuously worked for the Corporation for a period of S years and over and the Branch Manager feels he is no more in need of the services of a Field off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ily Work: You are required to make daily entries in the prescribed form which shall give a complete record as well as the results of your daily business calls. This record must be presented to the Assistant Branch Manager (Administration) or the Branch Manager or to the Assistant Branch Manager (Development) for inspection at least once a week or at more frequent intervals, if called upon to do so. When you are on tour you will make the entries in the Daily Record and on your return to the headquarters you will submit such record for inspection as stated above. If your headquarters are not the same as the Branch office headquarters, you will submit the Daily Records in such manner as you may be asked to by the Branch Manager. You are also requested to fill in your Plan Book in consultation with your Branch Manager or Assistant Branch Manager (Development) and see that the targets of work you set for yourself therein are reached. 10. Collection of Premiums: Unless you are expressly authorised by the Corporation, you have no authority to collect premiums save the deposits towards the first premium as stated hereinabove. 11. Targets: You are required as outline ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estricted to a defined area and that he is liable to be transferred. He has no authority whatsoever to bind the Corporation in anyway. His principal duty appears to be to organise and develop the business of the Corporation in the area allotted to him and for that purpose to recruit active and reliable agents, to train them to canvass new business and to render post-sale services to policy-holders. He is expected to assist and inspire the agents. Even so he has not the authority to appoint agents or to take disciplinary action against them. He does not even supervise the work of the agents though he is required to train them and assist them. He is to be the 'friend, philosopher and guide' of the agents working within his jurisdiction and no more. He is expected to stimulate and excite tho agents to work, while exercising no administrative control over them. The agents are not his subordinates. In fact, it is admitted that he has no subordinate staff working under him. It is thus clear that the development officer cannot by any stretch of imagination be said to be engaged in any administrative or managerial work. He is a workman within the meaning of s. 2 (s) of the Industri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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