A MINOR PROJECT REPORT

ON

STUDY OF JUDICIAL SYSTEM IN INDIA

Submitted in partial fulfillment of requirement of Bachelor of

Business Administration (B.B.A) General

BBA IIIRD SEMESTER (SHIFT)(SECTION)

BATCH 2011-2014

Submitted to: Submitted by:

Name of guide Name of student
Designation Enrollment no.

JAGANNATH INTERNATIONAL MANAGEMENT SCHOOL

KALKAJI
 ACKNOWLEDGEMENTS
A lot of effort has gone into this training report. My thanks are due to many people with
whom I have been closely associated.

I would like all those who have contributed in completing this project. First of all, I

would like to send my sincere thanks to _______________ for his helpful hand in the

completion of my project.

I would like to thank my entire beloved family & friends for providing me monetary as
well as non monetary support, as and when required, without which this project would
not have completed on time. Their trust and patience is now coming out in form of this
thesis
 CONTENTS

Description Page No.

Acknowledgement (i) (i)
Contents with page no. (ii)
List of figures (iii)
Executive Summary 4
Certificate of completion 5
Introduction to topic 6
Objectives 14
Literature review 15
Induction and Training Program 21
Research Methodology 35
Analysis & Interpretation 47
Findings & Inferences 48
Limitations 61
Recommendations and Conclusion 70
Appendices 90
Bibliography 98
 EXECUTIVE SUMMARY

The Constitution of India secures justice to all its citizens apart from securing

liberty, equality, and promoting fraternity. Indian democracy the Supreme Court

plays important role of safeguarding the fundamental rights of citizens which

includes providing fair justice also. Justice which is the soul of a democratic

society must be administered without fear or favor. Integrity, Impartiality and

Intelligence are some of the important characteristics of the in dependent

judiciary in a democratic setup. "

The Supreme Court of India is the highest court of law, the entire judicial system

of the country is controlled by it. Article 124 of the Constitution provides for the

establishment and the composition of the Supreme Court. Article 131 to 140

deeds with the powers of the Supreme Court. The Supreme Court of India has

three kinds of jurisdiction :

Original jurisdiction (ii) Appellate jurisdiction (jii) Advisory jurisdiction.

Under Article 131 of the Constitution, the Supreme Court has Original .

jurisdiction in any dispute arising between Union and one or more States and

between two or more states. Such a dispute should, however, involve some

question of law or fact on which the existence or extent of legal rights depends.

Under Article 133 and 134, an appeal may lie to the Supreme Court in any Civil

or criminal proceeding of a High Court. The advisory function of the Supreme

Court is also very important. If there arises any ambiguity regarding the

interpretation of a clause of the constitution or certain constitutional problem

arises, the President can refer the same to the Supreme Court for its expert

opinion,
The Supreme Court of India is a court of record which means that the records of

its decisions and proceedings are preserved and published. The decisions of the

Supreme Court are binding on all the courts of India. The Supreme court also

has powers to review its own judgment or order. The Supreme Court of lndia is

the highest judiciary body, responsible to ensure justice to all. The Supreme

Court under Article 142 of the Constitution, has the constitutional mandate to

pass such order as may be necessary for doing complete justice in any case

before it. All authorities, civil or judicial are under obligation to follow such orders.

In Indian democracy, the Supreme Court plays important role of safeguarding the

fundamental rights of citizens which includes providing fair justice also.Justice

which is the soul of a democratic society, must be administered without fear or

favor. Integrity, Impartiality and Intelligence are some of the important

characteristic independent judiciary in a democratic setup.

It is a matter of academic discussion as to who really controls the process of

Justice, whether the courts or the governments. So far the criminal cases are

concerned, all the investigations are done by the police or other governmental

agency which report to the government. Prosecutors are appointed by the

government also. Courts are concerned with the trial. Thus two important aspects

which constitutes justice Investigation and prosecution are totally in the hands of

Government.

The Government also provides funds for the smooth functioning of the courts. By

regulating the flow of funds, the Government controls the capacities of courts

directly. Better equipped courts with better and sufficient staff can deliver justice

faster and more efficiently. Justice being a concurrent subject, both the Central
and State governments are responsible for providing funds. The government

indirectly controls even the process of trial through its control on funding.

The Central allocation of the tenth five year plan (2002-2007) for justice is merely

Rs.700 Crore, comparing with the government's recent decision of spending

Rs.727 crore on the purchase of five aircrafts for the use of VIPs, can well reveal

the paradox. Setting up of fast track courts, family courts, consumer courts,

special courts for ST/ST cases, has speeded up the procedure of justice. As

such it has been decision of the government, which can speed up delivering

justices.
CERTIFICATE OF COMPLETION
 CHAPTER I
INTRODUCTION TO THE TOPIC
No doubt the courts are duty bound to provide, fair and expeditious justice. The
point of efficiency are many times in conflict. The increasing workload of the
courts raises the matter of writing and publishing of judicial proceedings, decision
and orders. The existing practice of writing and reporting judicial proceedings,
decisions and orders needs to be reviewed carefully in order to enhance the
efficiency of the courts. A very alarming situation the Indian judiciary faces today
is the burgeoning arrear of pending cases, not only with the lower courts, but also
with the Supreme Court. Delay in disposal of cases frustrates the very purpose of
justice. Delayed justice is denied justice. Delay creates frustration and results in
loss of confidence among the general mass. A sense of despair and frustration is
inevitable in any individual, who unfortunately entangles in litigation. There is no
certainty of provid of getting the final justice. In civil cases, the minimum time is
supposed to be ten to fifteen years. What is the sense of having such a judicial
system, which delivers justice after such a long period. In many cases, after the
death of the original plaintiff. Even If a judgment is passed by a lower court, an
appeal can be filed in high court as well as in Supreme Court.
The prevailing situation of pendency among the cout1s is because of the failure
of the Supreme Court to advise a suitable mechanism for screening of the cases.
In many cases, the Supreme Court has reopened the case. Hearing Public
Interest Litigation(PIL) is one of the recent development':' the Indian Judicial
System to provide relief to the voice less. It is a paradoxical situation that the
Supreme Court has become so much busy in hearing public litigation
applications that it has no time to solve the earlier lakhs of cases pending before
it. Many times the guidelines laid down by the Supreme Court for admission of
matters in the public interest has been disregarded by the court itself resulting in
lot of ambiguity and anomaly.
Now-a-days the High Courts and the Supreme Com1 have extended its attention
to virtually all kinds of matters relating to common people. May it be pollution in
the metros, or application of CAS or fitness of transport vehicles for the children
everywhere the intervention of court seems to have become necessary. Leading
juristic have described the Supreme Court as an "All India Miscellaneous Court".
The original theme of creation of the Apex Court, we find a lot of diversion and
diversification of its functions. It was imagined to be a consist body, responsible
for the country. Ambiguity on a single point at the Apex level resulted into
hundreds of conflicting and controversial judgments at lower levels and that
creates further litigations and unending appeals that is what happening as on
date.
The flagrant example of the case of Bhopal Gas leak in which the Supreme Court
quashed all the past, present and future proceedings against the Union Carbide
and two lawyers, the Attomey General of India and the counsel for Union Carbide
were allowed to reach a settlement endorsed by the Supreme Count. Such a
procedure adopted by the Apex Court, rendered the entire legal system of
country to a stand still. The decision along with other aspects of this settlement
was passed and conveyed in a summary order barely in 350 words, without
putting any logic, reasoning concerns for precedents. Such decision had made
the Indian jurisprudence meaning No legal or judicial system in the world can be
imagined to provide justice on erratic, and inconsistent basis. It is the need of
hour that the original intent of constitution be restored to the Supreme Court.
Significant structural change required to make judiciary understand the necessity
of providing fair and expeditious justice as per the original intent of our
Constitution.
Lots of improvement are required in the functioning of the courts, in order to
minimize the time in disposing off the cases. Practically seen, there is no time
limit fixed for arguing cases. Cases are being argued for months altogether in
Indian Courts, while in USA, counsels are given exact time to argue the case.
The number of holidays in India is too much not only in judiciary, but in almost all
departments. There are many occasions where the advocates resort to
suspension of work without any logical reasons. Judges are not punctual in their
duties.Judges come late in their offices and enjoy lunch period more than the
prescribed limit. No positive and resultant checks are made on such daily flip
flops. All these cases delay in disposal of cases.
In recent years cases of bribery, acceptance of facilities and perks at the cost of
clients have besmirched the reputation of judges sitting in higher as well as in
lower court The acceptance of bribe by the clerks and readers of the court for
giving next date or for taking the case for hearing on priority, is very common and
well in the knowledge of the judges. A common man is being looted by the
lawyers and the judicial official in the process of getting justice expeditiously or
for delaying the proceedings. All such things have effected the image of the
judiciary as a whole, even though majority of judges among them are persons of
high integrity and full of wisdom.
A very critical situation arises on the part safety of the judges who try the cases
hard-core criminals and militants. If the judge makes an order against such
enders, the judge himself becomes the target of their fury and many times faces
end numerous difficulties. Such incidents of killing creates a sense of fear among
the judicial officers. The point of dilemma is what is to be done such situation,
how the judicial officers be given surety of their safety. A nexus hard-core
criminals and the politicians many time frustrates the judicial officers, from
passing appropriate orders. Criminal law is supposed to be the most deterrent
instrument to tackle the criminals, but whether the law is stringent enough to
serve the purpose, is a point to ponder upon.
Needless to emphasize that judiciary is a vital organ of any democratic setup, .
responsible to provide, fair and expeditious justice to all. Lot many structural
reforms are required to improve the working standard of the judiciary so that the
importance of this vital organ is not vitiated and the confidence of people is not
shattered further. Whenever the matter of structural reforms in the judiciary is
raised, the focus is only concerned to the higher courts, that is high courts and
the supreme court. None in the judiciary ever raised the problems faced by the
lower Courts officials. Unless the functioning of the courts grassroots level is
improved, the actual benefits of reforms will not reach the common people and
the burden on higher courts can also not be reduced.
The lower courts consists of trial courts, the district courts and session courts and
session courts.These courts represent the first tier of the judicial setup. Most of
the population, the illiterate poor agriculturists, the ignorant common man, come
in the contact and look upon these courts as last resort for justice. The
functioning of these courts is so dismal and working condition so pathetic that
whosever goes to them for any remedial measures, finds himself a scapegoat of
the manipulations of advocates, public prosecutors and the judicial clerks.There
is no system or procedure for fixing the next date any party can can get a date of
their choice by spending a little amount of money. Moreover the building,
furniture for sitting, the admirals for keeping the records are in such a dilapidated
condition that any mishappening cannot be ruled out. These subordinate courts
are situated in noisy and congested places and work in small rooms without
proper facility of basic infrastructure. They are to write down the judgment orders
in their own hand for want of stenographic assistance. The benefits of I.T.
revolution have not reached these courts.
Facility of computers and Photostat which can fasten the pace of justice and
smoothen their functioning have not made available to these courts. The perks
and facilities including pay and allowances of the subordinate judicial officials are
far from satisfactory. It is a bitter fact that a clerk of a Bank and LIC are getting
mort remunerations than these officials. If we compare the overall pay package
of equivalent judicial officials with that of nearly countries like Sri Lanka, Pakistan
etc, we find that our officers are getting much less.
They are also expected to maintain a standard of living, a certain decency, an
integrity of highest order, but being paid so less, is one of the basic reason why
some of the subordinate officials tempted to accept the unlawful gratification. It is
the need of time that the working condition of these courts be improved to a
required level.
By improving the working conditions of higher courts only the delay in justice
cannot be curtailed. The pendency in Higher Courts is always given some
thoughts but lower courts are never considered. More than 100 million cases are
pending in lower courts which affects adversely the common man. Unless the
facilities and working atmosphere of the lower courts is improved it is difficult to
imagine to reduce the sufferings of the general litigants. Accelerating the pace of
disposal of cases pending at the Higher Courts will not remove the bottlenecks
and faults lying at the lowest levels. It does not mean that reforms at higher level
is not necessary, but ignoring the lower courts shall be an imprudent way of
reforms.
It is the need of hour that legal and judicial setup be streamlined right from lower
level so that the gradually deteriorating confidence of common man in the
judiciary could be restored. The judiciary is responsible to provide fair and
expeditious justice,. it is also responsible to safeguard the legal and fundamental
rights of the citizen immediate attention is required to be paid to make the
judiciary most competent suitable to the need of the society in our democratic
setup.
 RESEARCH OBJECTIVE

To study the Indian Judicial system

To study importance of Judicial system in India

To study what change should take place in Indian labor laws to make it

user friendly for Indian construction Organization.

To study different labor laws followed by the Indian construction

organization particularly Acme.

 CHAPTER-II

LITRATURE REVIEW
From the earliest Vedic ages, India has had a recorded legal history. In fact, a
civil legal system might well have been in existence in the Bronze Age and in the
Indus Valley civilization. India was always governed by laws as laid down in the
Arthashastra way back in 400 BC and then later in 100 AD in the Manusmriti.
The Vedas, Upanishads and other religious books of the Hindus, Jains and
Buddhists put laws in place in ancient India, so the Indians of these times were
already exposed to the idea of living under the law. A salient feature of ancient
Indian law in these times was that it was secular, though it varied from kingdom
to kingdom. Many leading dynasties belonging to ancient India had court systems
to deal with civil and criminal cases. The Maurya dynasty and the Mughals are
two excellent examples of this, with the latter paving the way for what we know
today as common law. Centuries later, when the Muslims invaded India, Islamic
law became applicable to the Muslims living here. But when India came under
British rule, this practice was replaced by common law. From this point onwards,
the history of Indias modern judicial system begins. The Indian judicial system
was derived from the British legal system which they established in India in the
middle of the 19th century. It was based on a hybrid judicial system which
comprised precedents, customs and legislative law, all of which were valid before
the law. Since Indian independence, the Constitution of India has come to be
known as its most supreme legal document.
Note: Double-click on the word you dont understand. Read More
When India attained independence, its Parliament was the venue where the
Constitution of India was written by none other than Dr. B. R. Ambedkar for a
new and an independent and optimistic country. The Indian Constitution came
into effect on January 26, 1950 and is regarded as the worlds longest
Constitution. The Indian Bar played its own role in Indias independence
movement, with Pandit Jawaharlal Nehru and Mahatma Gandhi, themselves
being lawyers beyond compare. Their deep insight and knowledge into the law
and its relationship with society gave them the focus to write the Constitution of a
new nation in the widest scope. The Constitution of India is the foundation stone
of all matters pertaining to judicial, executive and legislative. Though wide in its
scope, it is sensitive to the needs of the people. It put an end to all colonial
interests in India and turned its focus on to public welfare. The Constitution
empowers the general public, including the weaker sections of societythrough
a system of rights and duties, through the channel of judicial interpretation.

Emblem of India Guardians of the four directions: The Lion of the North, The
Bull of the West, The Horse of the South and The Elephant of the East

Salient features of the Modern Indian judicial system

The Indian judicial system is one the worlds oldest legal systems. It was handed
down to us by the British after over 200 years of rule over this country. Evidence
of their bonds with India is seen in the provisions of our judicial system, which is
common with the English legal system. The framework of our legal system was
laid down by the fathers of the Indian Constitution from which the judicial system
derives its powers. Thanks to the common law system that prevailed in India in
British India, this country now has an organic law. This has been further refined
for Indian needs by means of legislative action and judicial verdicts. Since the
Indian legal system moved in the direction of social justice, it soon began to
mirror the social changes with the common law system. The Indian judicial
system has one integrated court system to deliver to administer state and union
laws. At the top of the court structure in India is the Supreme Court, followed by
the State High Courts that may serve one or more states. Below these High
Courts are subordinate courts that comprise the District Courts that mete out
justice at the district level and other courts. The Indian judicial system has been
patterned on the adversarial system of conducting proceedings in court rather
than the inquisitorial system. This adversarial system works in a way by which
both sides in a case presents its arguments to an unbiased judge who then
issues an order or verdict based on the merits of the case. Another important
feature of our judicial system is that it gives the Supreme Court and the High
Courts the power of judicial review, as also in the American judicial system. This
means that the actions of the executive and legislature are subject to the
examination of the judiciary who can nullify their actions if considered
unconstitutional. So, the laws framed by the legislature and the rules enacted by
the executive have to comply with the Indian Constitution
Wikipedia, the internet encyclopedia defines labour law as Labour Law is the
body of laws, administrative rulings, and precedents which address the
relationship between and among employers, employees, and labor organizations,
often dealing with issues of public law. The terms Labour Laws and Employment
Laws, are often interchanged in the usage. This has led to a big confusion as to
their meanings. Labour Laws are different from employment laws which deal only
with employment contracts and issues regarding employment and workplace
discrimination and other private law issues.

Employment Laws cover broader area than labour laws in the sense that
employment laws cover all the areas of employer/employee relationship except
the negotiation process covered by labour law and collective bargaining.

Labour Laws harmonize many angles of the relationship between trade unions,
employers and employees. In some countries (like Canada), employment laws
related to unionised workplaces are different from those relating to particular
individuals. In most countries however, no such distinction is made.

The final goal of labour law is to bring both the employer and the employee on
the same level, thereby mitigating the differences between the two ever-warring
groups.

Origins of Labour Laws

Labour laws emerged when the employers tried to restrict the powers of workers'
organisations and keep labour costs low. The workers began demanding better
conditions and the right to organise so as to improve their standard of living.
Employers costs increased due to workers demand to win higher wages or
better working conditions. This led to a chaotic situation which required the
intervention of Government. In order to put an end to the disputes between the
ever-warring employer and employee, the Government enacted many labour
laws.

In India the labour laws are so numerous, complex and ambiguous that they
promote litigation rather than the resolution of problems relating to Labor
Relations. The labour movement has contributed a lot for the enactment of laws
protecting labour rights in the 19th and 20th centuries. The history of labour
legislation in India can be traced back to the history of British colonialism. The
influences of British political economy were naturally dominant in sketching some
of these early laws. In the beginning it was difficult to get enough regular Indian
workers to run British establishments and hence laws for chartering workers
became necessary. This was obviously labour legislation in order to protect the
interests of British employers.

The British enacted the Factories Act with a really self-centered motive. It is well
known that Indian textile goods offered serious competition to British textiles in
the export market. In order to make India labour costlier, the Factories Act was
first introduced in 1883 because of the pressure brought on the British parliament
by the textile moguls of Manchester and Lancashire. Thus we received the first
stipulation of eight hours of work, the abolition of child labour, and the restriction
of women in night employment, and the introduction of overtime wages for work
beyond eight hours. While the impact of this measure was clearly for the welfare
of the labour force the real motivation was undoubtedly the protection their
vested interests.

India provides for core labour standards of ILO for welfare of workers and to
protect their interests. India has a number of labour laws addressing various
issues such as resolution of industrial disputes, working conditions, labour
compensation, insurance, child labour, equal remuneration etc. Labour is a
subject in the concurrent list of the Indian Constitution and is therefore in the
jurisdiction of both central and state governments. Both central and state
governments have enacted laws on labour issues. Central laws grant powers to
officers under central government in some cases and to the officers of the state
governments in some cases.

1.2 Classification of Various Labour Laws

There are over 45 legislations on labour from the Central Government and the
number of legislations enacted by the State Governments is close to four times
that of the Central Acts.

Labour Laws can be classified into the following eight categories:

(i) Laws related to Labor Relations
(ii) Laws related to Wages
(iii) Laws related to Specific Industries
(iv) Laws related to Equality and Empowerment of Women
(v) Laws related to Deprived and Disadvantaged Sections of the Society
(vi) Laws related to Social Security
(vii) Laws related to Employment & Training
(viii) Others

Laws related to Labor Relations

1 The Trade Unions Act, 1926
2 The Industrial Employment (Standing Orders) Act, 1946
The Industrial Employment (Standing Orders) Rules, 1946
3 The Industrial Disputes Act, 1947

Laws related to Wages

1 The Payment of Wages Act, 1936
The Payment of Wages Rules, 1937
2 The Minimum Wages Act, 1948
The Minimum Wages (Central) Rules, 1950
3 The Working Journalist (Fixation of Rates of Wages) Act, 1958
Working Journalist (Conditions of service) and Miscellaneous Provisions
Rules, 1957
4 The Payment of Bonus Act, 1965
The Payment of Bonus Rules, 1975

Laws related to Specific Industries

1 The Factories Act, 1948
2 The Dock Workers (Regulation of Employment) Act, 1948
3 The Plantation Labour Act, 1951
4 The Mines Act, 1952
5 The Working Journalists and other Newspaper Employees (Conditions of
Service and Misc. Provisions) Act, 1955
The Working Journalists and other Newspaper Employees (Conditions
of Service and Misc. Provisions) Rules, 1957
6 The Merchant Shipping Act, 1958
7 The Motor Transport Workers Act, 1961
8 The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
9 The Contract Labour (Regulation & Abolition) Act, 1970
10 The Sales Promotion Employees (Conditions of Service) Act, 1976
The Sales Promotion Employees (Conditions of Service) Rules, 1976
11 The Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979
12 The Shops and Establishments Act
13 The Cinema Workers and Cinema Theatre Workers (Regulation of
Employment) Act, 1981
The Cinema Workers and Cinema Theatre Workers (Regulation of
Employment) Rules, 1984
The Cine Workers Welfare Fund Act, 1981.
14 The Dock Workers (Safety, Health & Welfare) Act, 1986
15 The Building & Other Construction Workers (Regulation of Employment &
Conditions of Service) Act, 1996
16 The Dock Workers (Regulation of Employment) (inapplicability to Major
Ports) Act, 1997
17 The Mica Mines Labour Welfare Fund Act, 1946
18 The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972
19 The Beedi Workers Welfare Fund Act, 1976
20 The Beedi Workers Welfare Cess Act, 1976
21 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour
Welfare Fund Act, 1976
22 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour
Welfare Cess Act, 1976
23 The Cine Workers Welfare Fund Act, 1981
24 The Cine Workers Welfare Cess Act, 1981
25 The Employment of Manual Scavengers and Construction of Dry latrines
Prohibition Act, 1993
26 The Coal Mines (Conservation and Development) Act, 1974

Laws related to Equality and Empowerment of Women

1 The Maternity Benefit Act, 1961
2 The Equal Remuneration Act, 1976

Laws related to Deprived and Disadvantaged Sections of the Society

1 The Bonded Labour System (Abolition) Act, 1976
2 The Child Labour (Prohibition & Regulation) Act, 1986

Laws related to Social Security

1 The Workmens Compensation Act, 1923
2 The Employees State Insurance Act, 1948
3 The Employees Provident Fund & Miscellaneous Provisions Act, 1952
4 The Payment of Gratuity Act, 1972

Laws related to Employment & Training

1 The Employment Exchanges (Compulsory Notification of Vacancies) Act,
1959
The Employment Exchanges (Compulsory Notification of Vacancies)
Rules, 1959
2 The Apprentices Act, 1961

Others
1 The Fatal Accidents Act, 1855
2 The War Injuries Ordinance Act, 1943
3 The Weekly Holiday Act, 1942
4 The National and Festival Holidays Act
5 The War Injuries (Compensation Insurance) Act, 1943
6 The Personal Injuries (Emergency) Provisions Act, 1962
7 The Personal Injuries (Compensation Insurance) Act, 1963
8 The Labour Laws (Exemption from Furnishing Returns and Maintaining
Register by Certain Establishments) Act, 1988
9 The Public Liability Insurance Act, 1991

1.3 Labour Jurisdiction-State vs Central

Under the Constitution of India, Labour is a subject in the Concurrent List where both the
Central & State Governments are competent to enact legislation subject to certain matters
being reserved for the Centre.

Constitutional Status

Union List Concurrent List

Entry No. 55 : Regulation of labour and safety in Entry No. 22: Trade Unions; industrial and
mines and oil fields labour disputes.

Entry No. 61: Industrial disputes concerning Entry No.23: Social Security and insurance,
Union employees employment and unemployment.

Entry No.65: Union agencies and institutions for Entry No. 24: Welfare of about including
"Vocational ...training..." conditions of work, provident funds, employers
'invalidity and old age pension and maternity
benefit.
Matters relating to Social Security are Directive Principles of State Policy and the
subjects in the Concurrent List. The following social security issues are
mentioned in the Concurrent List (List III in the Seventh Schedule of the
Constitution of India)

Item No. 23: Social Security and insurance, employment and unemployment.

Item No. 24: Welfare of Labour including conditions of work, provident funds,
employers liability, workmens compensation, invalidity and old age pension and
maternity benefits.

Part III Fundamental Rights

Article16. Equality of opportunity in matters of public employment.-

(1) There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any employment
or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a
class or classes of employment or appointment to an office under the Government of, or any local
or other authority within, a State or Union territory, any requirement as to residence within that
State or Union territory] prior to such employment or appointment.

(4A) Nothing in this article shall prevent the State from making any provision for reservation in
matters of promotion to any class or classes of posts in the services under the State in favour of
the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not
adequately represented in the services under the State.

(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a
year which are reserved for being filled up in that year in accordance with any provision for
reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up
in any succeeding year or years and such class of vacancies shall not be considered together
with the vacancies of the year in which they are being filled up for determining the ceiling of fifty
per cent reservation on total number of vacancies of that year.
(5) Nothing in this article shall affect the operation of any law which provides that
the incumbent of an office in connection with the affairs of any religious or
denominational institution or any member of the governing body thereof shall be
a person professing a particular religion or belonging to a particular
denomination.

Article24. Prohibition of employment of children in factories, etc. No child below the age
of fourteen years shall be employed to work in any factory or mine or engaged in any other
hazardous employment.

Part IV Directive Principles of State Policy

Article 41 Right to work, to education and to public assistance in certain

cases

The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want.

Article 42 Provision for just and humane conditions of work and maternity
relief

The State shall make provision for securing just and humane conditions of work
and for maternity relief.

Article43. Living wage, etc., for workers.The State shall endeavour to secure, by suitable
legislation or economic organisation or in any other way, to all workers, agricultural, industrial or
otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities and, in particular, the State shall
endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
Article43A. Participation of workers in management of industries.The State shall take
steps, by suitable legislation or in any other way, to secure the participation of workers in the
management of undertakings, establishments or other organisations engaged in any industry.

1.4 Labour Policy of India

Labour policy in India has been evolving in response to specific needs of the situation to suit
requirements of planned economic development and social justice and has two-fold objectives,
viz., maintaining industrial peace and promoting the welfare of labour.

Labour Policy Highlights

Creative measures to attract public and private investment.

Creating new jobs

New Social security schemes for workers in the unorganised sector.

Social security cards for workers.

Unified and beneficial management of funds of Welfare Boards.

Reprioritization of allocation of funds to benefit vulnerable workers.

Model employee-employer relationships.

Long term settlements based on productivity.

Vital industries and establishments declared as `public utilities`.

Special conciliation mechanism for projects with investments of Rs.150

crores or more.

Labor Relations committees in more sectors.

Labour Law reforms in tune with the times. Empowered body of experts to
suggest required changes.

Statutory amendments for expediting and streamlining the mechanism of

Labour Judiciary.
 Amendments to Industrial Disputes Act in tune with the times.

Efficient functioning of Labour Department.

More labour sectors under Minimum Wages Act.

Child labour act to be aggressively enforced.

Modern medical facilities for workers.

Rehabilitation packages for displaced workers.

Restructuring in functioning of employment exchanges. Computerization

and updating of data base.

Revamping of curriculum and course content in industrial training.

Joint cell of labour department and industries department to study

changes in laws and rules.

The Factories Act, 1948

Objectives
1. To ensure adequate safety measures and to promote the health and
welfare of the workers employed in factories.
2. To prevent haphazard growth of factories through the provisions related to
the approval of plans before the creation of a factory.

Applicability of the Act

1. Applicable to the whole of India including Jammu & Kashmir.
2. Covers all manufacturing processes and establishments falling within the
definition of factory.
3. Applicable to all factories using power and employing 10 or more workers,
and if not using power, employing 20 or more workers on any day of the
preceding 12 months.

Scheme of the Act

 1. The Act consists of 120 Sections and 3 Schedules.
2. Schedule 1 contains list of industries involving hazardous processes
3. Schedule 2 is about permissible level of certain chemical substances in
work environment.
4. Schedule 3 consists of list of notifiable diseases.

Important provisions the Act

Facilities and Conveniences - The factory should be kept clean. [Section 11].
There should be arrangement to dispose of wastes and effluents. [Section 12].
Ventilation should be adequate. Reasonable temperature for comfort of
employees should be maintained. [Section 13]. Dust and fumes should be
controlled below permissible limits. [Section 14]. Artificial humidification should
be at prescribed standard level. [Section 15]. Overcrowding should be avoided.
[Section 16]. Adequate lighting, drinking water, latrines, urinals and spittoons
should be provided. [Sections 17 to 19]. Adequate spittoons should be provided.
[Section 20].

Welfare - Adequate facilities for washing, sitting, storing cloths when not worn
during working hours. [Section 42]. If a worker has to work in standing position,
sitting arrangement to take short rests should be provided. [Section 44].
Adequate First aid boxes shall be provided and maintained [Section 45].

Facilities in case of large factories - Following facilities are required to be

provided by large factories - * Ambulance room if 500 or more workers are
employed * Canteen if 250 or more workers are employed. It should be
sufficiently lighted and ventilated and suitably located. [Section 46]. * Rest rooms
/ shelters with drinking water when 150 or more workmen are employed [Section
47] * Crches if 30 or more women workers are employed. [Section 48] * Full
time Welfare Officer if factory employs 500 or more workers [Section 49] * Safety
Officer if 1,000 or more workmen are employed.

Safety - All machinery should be properly fenced to protect workers when

machinery is in motion. [Section 21 to 27]. Hoists and lifts should be in good
condition and tested periodically. [Section 28 and 29]. Pressure plants should be
checked as per rules. [Section 31]. Floor, stairs and means of access should be
of sound construction and free form obstructions. [Section 32]. Safety appliances
for eyes, dangerous dusts, gas, fumes should be provided. [Sections 35 and 36].
Worker is also under obligation to use the safety appliances. He should not
misuse any appliance, convenience or other things provided. [Section 111]. In
case of hazardous substances, additional safety measures have been
prescribed. [Sections 41A to 41H]. - - Adequate fire fighting equipment should be
available. [Section 38]. - - Safety Officer should be appointed if number of
workers in factory are 1,000 or more. [Section 40B].

Working Hours - A worker cannot be employed for more than 48 hours in a

week. [Section 51]. Weekly holiday is compulsory. If he is asked to work on
weekly holiday, he should have full holiday on one of three days immediately or
after the normal day of holiday. [Section 52(1)]. He cannot be employed for more
than 9 hours in a day. [Section 54]. At least half an hour rest should be provided
after 5 hours. [Section 55]. Total period of work inclusive of rest interval cannot
be more than 10.5 hours. [Section 56]. A worker should be given a weekly
holiday. Overlapping of shifts is not permitted. [Section 58]. Notice of period of
work should be displayed. [Section 61].

Overtime Wages - If a worker works beyond 9 hours a day or 48 hours a week,

overtime wages are double the rate of wages are payable. [Section 59(1)]. A
workman cannot work in two factories. There is restriction on double
employment. [Section 60]. However, overtime wages are not payable when the
worker is on tour. Total working hours including overtime should not exceed 60 in
a week and total overtime hours in a quarter should not exceed 50. Register of
overtime should be maintained. - - An employee working outside the factory
premises like field workers etc. on tour outside headquarters are not entitled to
overtime. R Ananthan v. Avery India 1972(42) FJR 304 (Mad HC) * Director of
Stores v. P S Dube 1978 Lab IC 390 = 52 FJR 299 = 1978 I LLN 464 = 36 FLR
420.
Employment of Women - A woman worker cannot be employed beyond the
hours 6 a.m. to 7.00 pm. State Government can grant exemption to any factory
or group or class of factories, but no woman can be permitted to work during 10
PM to 5 AM. Shift change can be only after weekly or other holiday and not in
between. [Section 66].

Night Shift for women:

Factories Act is proposed to be amended to allow night shift for women workers.
The Government has decided to amend Section 66 of the Factories Act, 1948 to
allow employment of women workers between 7.00 pm and 6.00 am. The
demand of womens organisations and in tune with the present economic
globalization, the Government has decided to bring in then required changes in
the Act. This flexibility would be available to all manufacturing units including the
apparel sector. This decision has been taken after meetings with the
representatives of the employers and the trade unions. The proposed Bill will
empower the State Governments for allowing the necessary flexibility in
employment of women during night shift in factories.

The proposed amendment would inter-alia provide that the employer has to
ensure occupational safety and adequate protection to the women workers.
However, the State Government or any person authorised by it would be allowing
employment of women during night only after consulting the workers or their
representative organisations and concerned employers or their representatives.
The State Governments are also empowered to frame their own rules for
allowing such permissions.

Record of Workmen - A register (muster roll) of all workers should be

maintained. No worker should be permitted to work unless his name is in the
register. Record of overtime is also required to be maintained. [Section 62].

Leave - A worker is entitled in every calendar year annual leave with wages at
the rate of one day for every 20 days of work performed in the previous calendar
year, provided that he had worked for 240 days or more in the previous calendar
year. Child worker is entitled to one day per every 15 days. While calculating 240
days, earned leave, maternity leave upto 12 weeks and lay off days will be
considered, but leave shall not be earned on those days. [Section 79]. Leave
can be accumulated upto 30 days in case of adult and 40 days in case of child.
Leave admissible is exclusive of holidays occurring during or at either end of the
leave period. Wage for period must be paid before leave begins, if leave is for 4
or more days. [Section 81]. Leave cannot be taken for more than three times in a
year. Application for leave should not normally be refused. [These are minimum
benefits. Employer can, of course, give additional or higher benefits].

Wages for OT and Leave Salary - 'Wages' for leave encashment and overtime
will include dearness allowance and cash equivalent of any benefit. However, it
will not include bonus or overtime.

Child Employment - Child below age of 14 cannot be employed. [Section 67].

Child above 14 but below 15 years of age can be employed only for 4.5 hours
per day or during the night. [Section 71]. He should be certified fit by a certifying
surgeon. [Section 68]. He cannot be employed during night between 10 pm to 6
am. [Section 71]. A person over 15 but below 18 years of age is termed as
adolescent. He can be employed as an adult if he has a certificate of fitness for
a full day's work from certifying surgeon. An adolescent is not permitted to work
between 7 pm and 6 am. [Section 70]. There are more restrictions on
employment of female adolescent. - - Register of child workers should be
maintained. [Section 73].
 CHAPTER III
LABOUR MANAGMENET INDIAN JUDICIAL
SYSTEM
Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary
Procedures) (Declaration) Order, 2000
WHEREAS the Labour Relations Commission has prepared under subsection (1)
of section 42 of the Labor Relations Act, 1990 (No. 19 of 1990), a draft code of
practice on grievance and disciplinary procedures and which code is proposed to
replace the code set out in the Schedule to the Labor Relations Act, 1990, Code
of Practice on Disciplinary Procedures (Declaration) Order, 1996 (S.I. No 117 of
1996);
AND WHEREAS the Labour Relations Commission has complied with
subsection (2) of that section and has submitted the draft code of practice to the
Minister for Enterprise, Trade and Employment;
NOW THEREFORE, I, Mary Harney, Minister for Enterprise, Trade and
Employment, in exercise of the powers conferred on me by subsections (3) and
(6) of that section, the Labour (Transfer of Departmental Administration and
Ministerial Functions) Order, 1993 (S. 1. No. 18 of 1993), and the Enterprise and
Employment (Alteration of Name of Department and Title of Minister) Order,
1997 (S.I. No. 305 of 1997), and after consultation with the Commission, hereby
order as follows:
This Order may be cited as the Labor Relations Act, 1990 (Code of Practice on
Grievance and Disciplinary Procedures) (Declaration) Order, 2000.
It is hereby declared that the code of practice set out in the Schedule to this
Order shall be a code of practice for the purposes of the Labor Relations Act,
1990 (No. 19 of 1990).
The code of practice set out in the Schedule to the Labor Relations Act, 1990,
Code of Practice on Disciplinary Procedures (Declaration) Order, 1996 (S.I. No
117 of 1996), is revoked.
SCHEDULE
1. INTRODUCTION
Section 42 of the Labor Relations Act, 1990 provides for the preparation of draft
Codes of Practice by the Labour Relations Commission for submission to the
Minister, and for the making by him of an order declaring that a draft Code of
Practice received by him under section 42 and scheduled to the order shall be a
Code of Practice for the purposes of the said Act.

In May 1999 the Minister for Enterprise, Trade and Employment requested the
Commission under Section 42 of the Labor Relations Act, 1990 to amend the
Code of Practice on Disciplinary Procedures (S.I. No. 1 17 of 1996) to take
account of the recommendations on Individual Representation contained in the
Report of the High Level Group on Trade Union Recognition. The High Level
Group, involving the Departments of the Taoiseach, Finance and Enterprise,
Trade and Employment, the Irish Congress of Trade Unions (ICTU), the Irish
Business and Employers Confederation (IBEC) and IDA-Ireland, was established
under paragraph 9.22 of Partnership 2000for Inclusion Employment and
Competitiveness to consider proposals submitted by ICTU on the Recognition of
Unions and the Right to Bargain and to take account of European developments
and the detailed position of IBEC on the impact of the ICTU proposals.
3. When preparing and agreeing this Code of Practice the Commission consulted
with the Department of Enterprise, Trade and Employment, ICTU, IBEC, the
Employment Appeals Tribunal and the Health and Safety Authority and took
account of the views expressed to the maximum extent possible. '
4. The main purpose of this Code of Practice is to provide guidance to
employers, employees and their representatives on the general principles which
apply in the operation of grievance and disciplinary procedures.
2. GENERAL
This Code of Practice contains general guidelines on the application of grievance
and disciplinary procedures and the promotion of best practice in giving effect to
such procedures. While the Code outlines the principles of fair procedures for
employers and employees generally, it is of particular relevance to situations of
individual representation.
While arrangements for handling discipline and grievance issues vary
considerably from employment to employment depending on a wide variety of
factors including the terms of contracts of employment, locally agreed
procedures, industry agreements and whether trade unions are recognised for
bargaining purposes, the principles and procedures of this Code of Practice
should apply unless alternative agreed procedures exist in the workplace which
conform to its general provisions for dealing with grievance and disciplinary
issues.
3. IMPORTANCE OF PROCEDURES
Procedures are necessary to ensure both that while discipline is maintained in
the workplace by applying disciplinary measures in a fair and consistent manner,
grievances are handled in accordance with the principles of natural justice and
fairness. Apart from considerations of equity and natural justice, the maintenance
of a good Labor Relations atmosphere in the workplace requires that acceptable
fair procedures are in place and observed.
Such procedures serve a dual purpose in that they provide a framework which
enables management to maintain satisfactory standards and employees to have
access to procedures whereby alleged failures to comply with these standards
may be fairly and sensitively addressed. It is important that procedures of this
kind exist and that the purpose, function and terms of such procedures are
clearly understood by all concerned.
In the interest of good Labor Relations, grievance and disciplinary procedures
should be in writing and presented in a format and language that is easily
understood. Copies of the procedures should be given to all employees at the
commencement of employment and should be included in employee
programmes of induction and refresher training and, trade union programmes of
employee representative training. All members of management, including
supervisory personnel and all employee representatives should be fully aware of
such procedures and adhere to their terms.
4. GENERAL PRINCIPLES
The essential elements of any procedure for dealing with grievance and
disciplinary issues are that they be rational and fair, that the basis for disciplinary
action is clear, that the range of penalties that can be imposed is well defined
and that an internal appeal mechanism is available.
Procedures should be reviewed and up-dated periodically so that they are
consistent with changed circumstances in the workplace, developments in
employment legislation and case law, and good practice generally.
Good practice entails a number of stages in discipline and grievance handling.
These include raising the issue with the immediate manager in the first instance.
If not resolved, matters are then progressed through a number of steps involving
more senior management, HR/IR staff, employee representation, as appropriate,
and referral to a third party, either internal or external, in accordance with any
locally agreed arrangements.
For the purposes of this Code of Practice, "employee representative" includes a
colleague of the employee's choice and a registered trade union but not any
other person or body unconnected with the enterprise.
The basis of the representation of employees in matters affecting their rights has
been addressed in legislation, including the Protection of Employment Act, 1977;
the European Communities (Safeguarding of Employees Rights on Transfer of
Undertakings) Regulations, 1980; Safety, Health and Welfare at Work Act, 1989;
Transnational Information and Consultation of Employees Act, 1996; and the
Organisation of Working Time Act, 1997. Together with the case law derived
from the legislation governing unfair dismissals and other aspects of employment
protection, this corpus of law sets out the proper standards to be applied to the
handling of grievances, discipline and matters detrimental to the rights of
individual employees.
The procedures for dealing with such issues reflecting the varying circumstances
of enterprises/organisations, must comply with the general principles of natural
justice and fair procedures which include:
That employee grievances are fairly examined and processed;
That details of any allegations or complaints are put to the employee
concerned;
That the employee concerned is given the opportunity to respond fully to any
such allegations or complaints;
That the employee concerned is given the opportunity to avail of the right to be
represented during the procedure;
That the employee concerned has the right to a fair and impartial determination
of the issues concerned, taking into account any representations made by, or on
behalf of, the employee and any other relevant or appropriate evidence, factors
or circumstances.
These principles may require that the allegations or complaints be set out in
writing, that the source of the allegations or complaint be given or that the
employee concerned be allowed to confront or question witnesses.
As a general rule, an attempt should be made to resolve grievance and
disciplinary issues between the employee concerned and his or her immediate
manager or supervisor. This could be done on an informal or private basis.
The consequences of a departure from the rules and employment requirements
of the enterprise/organisation should be clearly set out in procedures, particularly
in respect of breaches of discipline which if proved would warrant suspension or
dismissal.
Disciplinary action may include:
An oral warning
A written warning
A final written warning
Suspension without pay
Transfer to another task, or section of the enterprise
Demotion
Some other appropriate disciplinary action short of dismissal
Dismissal
Generally, the steps in the procedure will be progressive, for example, an oral
warning, a written warning, a final written warning, and dismissal. However, there
may be instances where more serious action, including dismissal, is warranted at
an earlier stage. In such instances the procedures set out at paragraph 6 hereof
should be complied with.
An employee may be suspended on full pay pending the outcome of an
investigation into an alleged breach of discipline. ,
Procedures should set out clearly the different levels in the enterprise or
organisation at which the various stages of the procedures will be applied.
Warnings should be removed from an employee's record after a specified period
and the employee advised accordingly.
The operation of a good grievance and disciplinary procedure requires the
maintenance of adequate records. As already stated, it also requires that all
members of management, including supervisory personnel and all employees
and their representatives be familiar with and adhere to their terms.

Managing stress in the work place

Every responds to stress in a different way, it is only by understanding the nature
of individual responses that you can start fighting stress yourself and others.
Reduction or elimination of stress is necessary for psychological and physical
well being of an individual. Efficiency in stress management enables the
individual to deal or cope with the stressful situations instead of avoidance.
Strategies like tie management, body-mind and mind-body relaxation exercise,
seeking social support help individual improve their physical and mental
resources to deal with stress successfully. Apart from helping employees adopt
certain coping strategies to deal with stress providing them with the service of
counselor is also useful. Many strategies have been developed to help manage
stress in the work place. Some are strategies for individuals, and other is geared
toward organizations.

Individual coping strategies:

Many strategies for helping individuals manage stress have been
proposed.

Individual coping strategies are used when an employee under stress exhibits
undesirable behavior on the jobs such as performance, strained relationship with
co-workers, absenteeism alcoholism and the like. Employees under stress
require help in overcoming its negative effects. The strategies used are:
Exercise:-
One method by which individual can manage their stress is through exercise.
People who exercise regularly are known to less likely to have heart attacks than
inactive people are. Research also has suggested that people who exercise
regularly feel less tension and stress are more conflict and slow greater
optimism.

Relaxation:-
A related method individual can manage stress is relaxation. Copying with stress
require adaptation. Proper relaxation is an effective way to adopt.
Relaxation can take many forms. One way to relax is to take regular vacations;
people can also relax while on the job (i.e. take regular breaks during their
normal workday). A popular way of resting is to sit quietly with closed eyes for ten
minutes every afternoon.

Time management:-
Time management is an often recommended method for managing stress, the
idea is that many daily pressures can be eased or eliminated if a person does a
better job of managing time. One popular approach to time management is to
make a list, every morning or the thins to be done that day. Then you group the
items on the list into three categories: critical activities that must be performed,
important activities that should be performed, and optimal or trivial things that can
be delegated or postponed, then of more of the important things done every day.

ROLE MANAGEMENT:-
Some what related to time management in which the individual actively
works to avoid overload, ambiguity and conflict.

SUPPORT GROUPS:-
\This method of managing stress is to develop and maintain support group. A
support group is simply a group of family member or friends with whom a person
can spend time. Supportive family and friends can help people deal with normal
stress on an ongoing basis. Support groups can be particularly useful during
times of crisis.

BEHAVIORAL SELF-CONTROL:-
In ultimate analysis, effective management if stress presupposes exercise of self-
control on the part of an employee. By consciously analyzing the cause and
consequences of their own behavior, the employees can achieve self-control.
They can further develop awareness of their own limits of tolerance and learn to
anticipate their own responses to various stressful situations. The strategy
involves increasing an individuals control over the situations rather than being
solely controlled by them.

COGNITIVE THERAPY:-
The cognitive therapy techniques such as Ellis rational emotive model
and Meichenbaums cognitive strategy fir modification have been used as an
individual strategy for reducing job stress.

COUNSELING:
Personal counseling help employees understand and appreciate a diverse
workforce, the holistic approach adopted by the counselor gives him a
comprehensive view of the employee as client and enable him to deal the issues
of work related problems in a larger context with his awareness of the inter-
relationship among problems in adjustment with self, other and environment and
that a work concern will effect personal life and vice-versa, the employee would
receive help regarding the problem in all life.
One of the advantage of the individual interventions is the individual can use
these skills to improve the quality of life in offer domains like family, social
support and self, thus reducing the negative carry of experiences in these
domains into the work life which might effect his occupation mental health.

ORGANIZATIONAL STRATEGIES:-
The most effective way of managing stress calls for adopting stressors and
prevent occurrence of potential stressors. Two basic organizational strategies for
helping employees manage stress are institutional programs and collateral
programs.

Work Design Stress Management programs

Work schedules Health promotions programs
Culture Other programs
Supervision
Institutional programs:-
o Institutional programs for managing stress are undertaken to
established organizational mechanism for example, a properly
designed job and word schedules can help ease stress. Shift work
in particular can constantly have to adjust their sleep and relaxation
patterns. Thus, the design of work schedules should be a focused
of organizational efforts to reduce stress.

o The organizations culture can also used to help to manage stress.

The organization should strive to foster a culture that reinforces a
healthy mix of work and nonworking activities.

o Finally, supervision can play an important institutional role in

overload. In managing stress. A supervisor is a potential manager
source of overload. If made aware of their potential for assigning
stressful amounts of work, supervisors can do a better job keeping
workloads reasonable.

COLLATERAL PROGRAMS:
In addition to their institutional efforts aimed at reducing stress, many
organizations are turning to collateral programs. A collateral stress program in an
organizational program specifically created to help employees deal with stress.
The organizations have adopted stress management programs, health promotion
programs and other kinds of programs for this purpose.
 RESEARCH METHODOLOGY

SAMPLE SIZE

100 people cover in this survey

PRIMARY DATA

Data has been collected through discussions and observation of various people
involved in the business whereas

SECONDARY DATA

A secondary data is that data that is required to conduct the study and can be
obtained from books, journals, magazines, records etc. Secondary data is data
taken by the researcher from secondary sources, internal or external. Secondary
data is collected from following sources: -
1) Magazines and journals
2) Company websites.
3) Internet
4) Books
LIMITATION
Many constraints were involved in doing this study. Some of them are as follows.
The most significant limitation has been the individuals involved in this
study were very busy and did not spare much time in discussion.
The sample size selected for the survey was too small as compared to
large population.
The project was carried out only in the Delhi, so findings on data gathered
can be best true for Delhi only and not applicable to other parts of state
and country.
Indian stock market is a market where sentiments play a major role in price;
hence 100% accurate predictions cannot be made about its future path
 CHAPTER-IV

ANALYSIS AND FINDINGS

 1. Significant role of Employees Grievance to attain organizational
effectiveness.

No. of Employees 50
Yes 45
No 5

No
5%

No. of
Employees
Yes
50%
45%

INTERPRITATION:
The significant role of Employees Grievance is mostly favorable for the
organizational, because the effectiveness of this organization is better according
to working condition and less conflict during the work place.

2. What factor leads to the conflict as in Individual level and organizational

level?
A. Economic Conditions
B. Leadership Style
C. Organizational policies
D. Any Other
Factor % of respondent
Economic conditions 28%

Leadership style 35%

Organizational policies 30%

Any other 7%

Any other
7%

Economic
conditions
Organizational 28%
policies
30%

Leadership style
35%

INTERPRITATION:
In the organization there are various factor which is exist to create a conflict
among the employees of the organization some of the macro factor which is
mentioned above and the result is shown in the graph. 28% of the employee
suggested that Economic condition of the employee lead the people for conflict
adding to this leadership mismanagement could be also one of the reason for
conflict in the organization.

3. Do you think that you are going through the tough time in the
organisation?

Yes No No response

7 28 0
 No response
0%
Yes
20%

No
80%

As per our study suggested that 80% of the employees who is accepted that they
are not having any kind of conflict in the organization which is good things to be
look at in terms of organizational effectiveness and 20% of them are suggested
that they have some or various conflicts among the peers in organization

4. Do you worry about your colleague's opinion about you?

Yes No No response

9 26 0

Yes No No response

0%

26%

74%
As per the study revealed that 74% of the employee feel that their peers has a
right perception about him/her 26% of the employees suggested that Yes they
are worry about the his/her colleagues opinion about him. It may cause conflict
for them.

5. Do you think in your current organisation do you have work pressure

and you are working more for more than 8 hours (It may leads to conflict
with the supervisors)

Yes No No response

31 4 0

No response
0%
No
11%

Yes
89%

89% of the employee suggested that they are working for more than 8 hrs in
their job and it might or might not leads to conflict because although only 11% of
the total employees suggested that they are not working in a organisation with
more than 8 hrs which is very good to managing conflict as per the organisational
law.
 6. How often do you say the word I am busy or I am having hard time
At the work place?

30 28
26 25
25

20

15 12
10 9 Response

0
Very Often Rarely Very Never
Often rarely

Interpretation:
As is evident from the chart, majority of the respondents (52%) rarely and very
rarely says that they are busy at work place.

7 You think physical environment problem in the work place cause

Stress? ( Temperature, lighting, Air, dust )
Interpretation:
Opinion of study reveal that, majority of the respondents (62%) agree with
physical environment (Temperature, Lighting, Air and Dust) causes Stress.

8 You feel time pressure to complete work?

Interpretation:
The finally yet importantly, the question asked about the employees, majority of
the employees (51%) of the AIRCEL GROUP agree and strongly agree with
above statement.

9 Do you feel lack of co-operation in office?

Interpretation:
As is evident from the chart, majority of the respondents (68%) faced lack of co-
operation in office remaining (32%) of employees never faced lack of co-
operation in organization.

10 . Family problems cause stress?

Interpretation:
As is evident from the chart, majority of the respondents (60%) strongly agree
and agree with family problems causes stress.
 FINDINGS AND INFERENCES

Experts believed that the dysfunctional aspects of stress could directly impact an
organization's performance and also affect the well-being of its employees.
Stress at the workplace was linked to absenteeism, higher attrition, and
decreased productivity. Stress led to fatigue, irritability, poor communication, and
quality problems/errors. High stress levels also affected the morale and
motivation of the employees. Prolonged exposure to stress without effective
coping mechanisms could lead to a host of physical and mental problems. For
instance, stress could lead to stress-induced gastrointestinal problems, irritable
bowel syndrome, acidity, acid reflux, insomnia, depression, heart disease, etc.
Moreover, stress could push the victim toward high risk behavior such as
smoking, drinking, and substance abuse. Stress-related illness led to increase in
absenteeism and attrition affecting the profitability of the organizations.
Organizations like Oracle cutting across industries were gearing up to provide
employees with a stress-free healthy environment. The efforts to address this
issue were more pronounced in some industries than others. Experts felt that,
though stress at the workplace is a global phenomenon, professionals in some
industries were more susceptible to stress than others. For instance, surveys
conducted in 2009 and 2010 in the India for IT and ITES sector respectively,
found that employees in Information Technology (IT) industry (including the ITeS
outsourcing industry) were the most stressed. Accordingly, these organizations
had started implementing various unconventional methods to decrease stress at
the workplace.
Even in India, organizations had woken up to this menace and were resorting to
novel methods including teaching the employees dancing and music, trekking,
etc, to reduce stress at the workplace. For instance, Tata Consultancy Services
Ltd. had started different clubs like Theatre Club, Bibliophile Club, Adventure &
Trekking Club, Fitness Club, Sanctuary Club, Music Club and Community
Services Club, etc.
Oracle. focused on increasing self-awareness and provided the employees with
guidance on how to cope with stress through a series of workshops by experts.
 LIMITATIONS

Many constraints were involved in doing this study. Some of them are as follows.
The most significant limitation has been the individuals involved in this
study were very busy and did not spare much time in discussion.
The sample size selected for the survey was too small as compared to
large population.
The project was carried out only in the Delhi, so findings on data gathered
can be best true for Delhi only and not applicable to other parts of state
and country.
Indian stock market is a market where sentiments play a major role in price;
hence 100% accurate predictions cannot be made about its future path
 RECOMMENDATION

A Small percentage of the employees did have high stress. Person facing stress
at the organizational level can lead to lot of psychological problems in the form of
decreased motivation, absenteeism low productivity, targets not being achieved
etc. as in the above survey employees facing stress are advised to attend stress
management courses which will help them to build coping strategies and burn
out their stress. The stress management course comprise of a package program
consisting of:
Relaxation
Positive outlook towards works / responsibilities
Self analysis through personality type tests
Inter personal skill development
Protection yoga cum meditation
Time management
Since T & D job related factors, performance appraisal & job
satisfaction were perceived stressful by the employees, the employees
should be counseled regarded the matter
At the individual level the employees could practice a relaxing holiday
(where in quality time is spent with the family) every fortnight or mouth
Realize excessive use of tea / coffee cigarette is not answer to stress
Try to get 6-7 hrs of continuous sleep per day
 CONCLUSION

Conflicts are inevitable, but the more we know about human nature, the better we
will be at resolving conflicts, and the better the outcome might be for both parties.
We know that different people have different priorities and different styles in
dealing with situations that may occur, but in general, human beings have certain
characteristics that are very similar - even across gender, racial, and socio-
economic lines. Conflict must not be avoided. It needs to be tackled with an open
mind and attitude. It should be cooperative conflict resolution, where both the
involved parties should come together voluntarily, and work together in a
cooperated manner.
With the low scores of the top management, the head of the Minda Group must
create a situation of offering an ideal job in which his senior team is motivated,
inspired, respected and well paid. Lack of job satisfaction can be a significant
source of stress. There could be several reasons including, bureaucracy,
personal conflicts between senior team members, compensation issues etc.
There must be significant probing of the issues so as to resolve them quickly.
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