The Bharatiya Sakshya Adhiniyam, 2023 under Sec.2 (1) (h) (j) (j) "proved". – “A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists”;
Cholan Roadways Ltd. v. G. Thirugnanasambandam, (2005) 3 SCC 241, the Supreme Court held that “It is now a well-settled principle of law that the principles of the Evidence Act have no application in a domestic enquiry”. In this judgment, it implies the principle of Equity. Although, in criminal cases, there is very strict adherence to the provisions of the Evidence Act, here where, the Courts shall not go into quantum of punishment whatever the personal circumstances. Theft means theft, whatever the value of the items.
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In various Corporates, we come across situations, may be Finance, Marketing, Supply-chain, and as well as in HR. Enforcement of contractual terms of an employee, litigations before labour adjudications, long-term wage agreements, and even in domestic enquiries. The intention behind this article is to enlighten all employees holding responsible positions in all disciplines in the Corporate, since, many times, it may go unnoticed.
It has already been noted that under the "The Bharatiya Sakshya Adhiniyam, 2023 [Evidence Act), hereinafter referred to as Act, there are certain facts which need not be proved and there are some facts which cannot be proved because the Act, would not allow evidence of such facts. An estoppel is a principle, whereby a party is precluded from denying the existence of some state of facts which has formerly admitted. The foundation of the doctrine is that a person cannot approbate and reprobate at the same time;  S N MURTHY SENIOR ADVOCATE The Indian laws with regard to flexibility of employment is very harsh on the employers. In its anxiety to protect the security of employment in private sector, the Industrial Disputes Act, 1947 was amended during the year 1976 with introduction of Chapter V-B. We may not find a provision similar to the one in Chapter V-B anywhere in the world. This provision, in short requires every employer employing one hundred or more workmen to obtain prior permission of the Government to lay-off, retrench or close down the establishment. This made it very difficult for employers to employ workmen for short duration, say a year or two or three. To add to the woes of employers, Justice Krishna Iyer in Sundarmoney Vs. State Bank of India laid down a stringent law through interpretation of the word `retrenchment’ by stating that an employee who works for 240 days cannot be retrenched without complying with the provisions of Section 25-F of the Industrial Disputes Act.
 Feeling uncomfortable often makes us want to retreat or avoid certain situations. But for those on a journey of spiritual growth or self-awareness, discomfort should not be ignored. Negative emotions like sadness, anger, or fear that arise from discomfort often point to areas where we resist personal growth. These feelings act as clear indicators of where we are stuck. So, rather than avoiding these feelings, we should learn to acknowledge and understand them. This can be done best through meditation. Meditation teaches us to observe our thoughts and emotions without being overwhelmed by them. It enables us to recognize that, even if we retreat from a challenge, we are doing so with awareness. We become conscious of our tendency to avoid difficult situations and understand the consequences of this avoidance. This level of awareness is the key first step in breaking down the ignorance that blocks our growth. Expressing Opinions Non-AggresivelyWhen you share or defend your opinions, do you find yourself being aggressive, or do you tend to take a more passive approach? Being aggressive, even if you feel your cause is just, usually just adds to the conflict rather than resolving it. A non-aggressive approach, on the other hand, fosters peace and understanding. Meditation can be a great tool for learning this approach. Courtesy : Mentorist........................................................... The beautiful practicality of her teaching has made Pema Chödrön one of the most beloved of contemporary American spiritual authors among Buddhists and non-Buddhists alike. A collection of talks she gave between 1987 and 1994, the book is a treasury of wisdom for going on living when we are overcome by pain and difficulties. Chödrön discusses: • Using painful emotions to cultivate wisdom, compassion, and courage • Communicating so as to encourage others to open up rather than shut down • Practices for reversing habitual patterns • Methods for working with chaotic situations • Ways for creating effective social action Reference : Good Read ....................... "The tendency to closely bond with others, acting for the welfare of others as well as oneself, may be deeply rooted in human nature, forged in the remote past as those who bonded together and became part of a group had an increased chance of survival. This need to form close social ties persists up to the present day. In studies, such as one conducted by Dr. Larry Scherwitz, examining the risk factors for coronary heart disease, it has been found that the people who were most self-focused (those who referred to themselves using the pronouns ‘I,’ ‘me,’ and ‘my,’ most often in an interview) were more likely to develop coronary heart disease, even when other health-threatening behaviors were controlled. Scientists are discovering that those who lack close social ties seem to suffer from poor health, higher levels of unhappiness, and a greater vulnerability to stress." (from "The Art of Happiness: A Handbook for Living" by Dalai Lama)
Prosecution under Section 29 of the Industrial Disputes Act, 1947 for breach of Settlement/Award – Order under Section 29 Of the Industrial Disputes Act, 1947 cannot be passed lightly: 1. Unless specific breach or continuing breach is recorded, Authority would not get jurisdiction to grant permission. 2. The Authority which grants permission has greater responsibility 3. The Authority which grants permission shall apply its mind and record its finding with regard to breach or continuing breach, acknowledging the consequences that may result from such permission.
Karnataka societies registration Act not applicable for apartment association
According to the data provided, the Karnataka Societies Registration Act, 1960 does not apply to apartment associations. A society registered under this act is not considered a "Public Authority" and therefore, the provisions of the Right to Information Act, 2005 are not applicable [S. S. Angadi VS The State Chief Information Commissioner, Karnataka Information Commission]. The Karnataka Societies Registration Act, 1960 is applicable to all societies in Karnataka that are under the control of the government and its purpose is to regulate the activities of these societies and prevent misuse of funds [S. S. Angadi VS The State Chief Information Commissioner, Karnataka Information Commission]. In the case of an apartment association known as 'Comfort Towers', it was registered under the Karnataka Societies Registration Act, 1960 for the purpose of maintenance of the buildings [COMFORTS TOWER CONDOMINIUM COMFORTS TOWER VS DISTRICT REGISTRAR]. However, it is important to note that the Karnataka Apartment Ownership Act, 1972 also governs the ownership and management of apartments [COMFORTS TOWER CONDOMINIUM COMFORTS TOWER VS DISTRICT REGISTRAR]. It is mentioned that under the Karnataka Societies Registration Act, 1960, registration is permitted for associations whose objects are not limited to the promotion of culture, sports, or education, but also include their own trade or professional interests [SUGAR-CANE GROWERS ASSOCN. VS STATE]. This indicates that the Act allows for the registration of various types of associations, not solely limited to specific purposes. Furthermore, it is stated that the Karnataka Societies Registration Act, 1960 provides for the amendment of the name and rules of a society [KARNATAKA STATE CRICKET ASSOCIATION VS DISTRICT REGISTRAR OF SOCIETIES BANGALORE URBAN DISTRICT]. In this case, the petitioner association sought to amend its rules and regulations and filed the amendment with the Registrar. However, the registration of the amendment was rejected due to a delay in filing, which was later challenged in court [KARNATAKA STATE CRICKET ASSOCIATION VS DISTRICT REGISTRAR OF SOCIETIES BANGALORE URBAN DISTRICT]. Based on the available data, it can be concluded that the Karnataka Societies Registration Act, 1960 is applicable to societies in Karnataka and provides a framework for their registration, maintenance of accounts, and elections. However, it does not apply to apartment associations, which are governed by the Karnataka Apartment Ownership Act, 1972. The Act allows for the registration of various types of associations, and its provisions can be subject to interpretation and legal challenges in specific cases. It is important to note that the provided data is limited and additional research and analysis may be required to fully understand the intricacies of the Karnataka Societies Registration Act, 1960 and its application in different scenarios. https://supremetoday.ai/issue/Karnataka-societies-registration-Act-not-applicable-for-apartment-association ಬೆಂಗಳೂರು: ‘ವಸತಿ ಫ್ಲಾಟ್ ಗಳನ್ನು ಹೊಂದಿದ ಅಪಾರ್ಟ್ಮೆಂಟ್ ಸಂಕೀರ್ಣದ ನಿರ್ವಹಣೆಗಾಗಿ ಅವುಗಳ ಮಾಲೀಕರು ಕರ್ನಾಟಕ ಅಪಾರ್ಟ್ಮೆಂಟ್ ಮಾಲೀಕತ್ವ (ನಿರ್ಮಾಣ ಉತ್ತೇಜನ, ಮಾರಾಟ, ನಿರ್ವಹಣೆ ಮತ್ತು ವರ್ಗಾವಣೆ ನಿಯಂತ್ರಣ) ಕಾಯ್ದೆ-1972ರ ಅಡಿಯಲ್ಲಿ ಮಾತ್ರವೇ ತಮ್ಮ ಸಂಘವನ್ನು ನೋಂದಣಿ ಮಾಡಿಕೊಳ್ಳಬೇಕು’ ಎಂದು ಹೈಕೋರ್ಟ್ ಆದೇಶಿಸಿದೆ. ಈ ಕುರಿತಂತೆ ಕೆಂಗೇರಿಯ ಕೊಮ್ಮಘಟ್ಟ ಮುಖ್ಯರಸ್ತೆಯಲ್ಲಿರುವ ಎಸ್ ಎಂ ವಿ ಲೇಔಟ್ ನಲ್ಲಿರುವ, ‘ಡಿ.ಎಸ್-ಮ್ಯಾಕ್ಸ್ ಸ್ಟಾರ್ನೆಸ್ಟ್ ಅಪಾರ್ಟ್ಮೆಂಟ್’ನ ಆರ್. ಅರುಣ್ಕುಮಾರ್ ಸೇರಿದಂತೆ ಒಟ್ಟು 13 ಮಾಲೀಕರು ಸಲ್ಲಿಸಿದ್ದ ರಿಟ್ ಅರ್ಜಿ ವಿಚಾರಣೆ ನಡೆಸಿದ ನ್ಯಾಯಮೂರ್ತಿ ಅನಂತ ರಾಮನಾಥ ಹೆಗಡೆ ಅವರಿದ್ದ ಏಕಸದಸ್ಯ ನ್ಯಾಯಪೀಠ, ‘ಕರ್ನಾಟಕ ಸಹಕಾರ ಸಂಘಗಳ ಕಾಯ್ದೆ-1959 ರಡಿ ನೋಂದಣಿ ಮಾಡಿಸುವುದು ಅನುಮತಿ ಯೋಗ್ಯವಲ್ಲ’ ಎಂದು ಸ್ಪಷ್ಟಪಡಿಸಿದೆ.
We do engage people suitable to any position based on technical skills with expertise in the respective area. The engagement is based on an "Employment Contract" normally captioned as Letter of Appointment. The Employment Contracts may be normal ones and may incorporate certain conditions like non-compete, non-solicitation, non-disclosures of technical knowhow, serving the company for a stipulated number of years, if not, to claim un-liquidated or liquidated damages in case of any breach by either party, to safeguard Intellectual Property, etc. Any Employment Contract must stand the test of Law at any time, otherwise, it is a futile one. Hence, it is essential that while drafting an Employment Contract one must keep in mind its enforceability before a Court of Law. Hence, an attempt is being made in this direction to enlighten the professionals in this article.
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By:
K. Vittala Rao Legal & Management Consultant and Author of Labour Law Books
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By:
K. Vittala Rao Legal & Management Consultant and Author of Labour Law Books
Now, high time, HR, being a partner in business, to assertively exhibit its competencies in moving towards business goals. It is a project by itself to be owned by HR, and although challenging, is an essential & inevitable one.
Introduction
As we know, the HR Function was considered as an administrative assignment, but now, there has been a radical change and move towards alignment with Business Targets and supports all the functionaries of a Corporate thus eliminating any obstacles or indulging in addressing all related actions, like, talent acquisition, retention, man-management, developing healthy relations amongst all employees etc. The results achieved or accomplished are not in terms of objective quantification, but subjectivity. For instance, Finance, Production, Market expansion, Cost and profitability etc, in respective KRAs specifically fix objective targets. At any time of the year, one can debate easily, the movement towards the KRA. But, this is not so in HR-no objective KRA, no objective quantification, but highly subjective. No assertiveness exhibited anywhere even though there are several accomplishments. Here where, the development of an "Evidence Based HR" comes into picture. Here, the assessment of HR shall be very objective with quantification and even subject to HR Audit as well. Now, high time, HR, being a partner in business, to assertively exhibit its competencies in moving towards business goals. It is a project by itself to be owned by HR, and although challenging, is an essential & inevitable one.  The 7 Habits of Highly Effective People: Powerful Lessons in Personal Change by Stephen R. Covey Summary Notes From In collaborative environments where individuals depend on each other, adopting a Win-Win mindset becomes crucial. This approach prioritizes cooperation over competition and emphasizes the creation of synergistic outcomes. By embracing this perspective, we acknowledge that the most favorable results emerge when shared objectives are met and everyone involved benefits mutually. To embody and manifest the Win-Win mindset, it's imperative to nurture three fundamental character traits:
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“Training & Development” has been one of the segments of HR policy in most of the Corporates. Training Need analysis is normally drawn up depending on the business development, automatons, process change, skill development, rationalisations, productivity enhancements, quality & cost of product related, and most importantly soft skill inadequacies as assessed by the Management etc. HR, be on its own initiative drives or based on the annual program as required by the top Management carries out the programme.
Globalisation led the business to be competitive in acquiring market shares in foreign countries and necessary to import technology, liberal exports & imports, process and method changes including addressing cost of products which required automation and enhanced productivity with international quality standards. To accomplish these targets, cooperation, understanding to change, the role of employees was inevitable. For More details kindly click the below link: https://www.businessmanager.in/move-towards-developing-coaching-culture/ 
By:
K. Vittala Rao Legal & Management Consultant and Author of Labour Law Books
Courtesy:
Business Manager 1st October 2023 Follow HR Learning Academy WhatsApp Channel by clicking the below link: https://whatsapp.com/channel/0029Va4vHVm1CYoX8FwvPZ1h As we are aware, by the said Amendment Act of 2015, two major changes were introduced to the Payment of Bonus Act, 19652 : one being the amendment of clause (13) of Section 2, raising the salary limit from Rs. 10,000/- to Rs. 21,000/- per month for the purpose of coverage under the Act; and the other being raising the wage ceiling for calculating the bonus under Section 12 from Rs. 3,500/- to Rs. 7,000/- per month or the minimum wages for the scheduled employment as fixed by the appropriate Government, whichever be the higher. Further, by way of Explanation to Section 12, it was clarified that the expression “scheduled employment” shall have the same meaning as assigned to it in clause (g) of Section 2 of the Minimum Wages Act, 1948. These amendments were given retrospective effect in Section 1 of the Amendment Act of 2015 by providing that it shall be deemed to have come into force on 01.04.2014.
Hurdles of Sec. 9-A and Chapter V-B of I.D. Act and facing challenges in business due to open global market conditions and finding no support from Govt. in making suitable changes in Industrial Disputes Act, lead the Employers to accelerate the move towards “Collaborative Culture” and in fact, the Indian Industry has been witnessing, employee – employer relations going strong day by day.
We are very familiar and with adequate legal knowledge of the restrictive provisions under the Industrial Disputes Act, 1948, Dec. 9 A and Chapter VB. Ever since the adaptation of the Industrial Disputes Act in 1948 and even till date, these restrictive provisions still remain unamended in spite of several pleadings and representations to the Central Government every year. It may not be out of place to mention “Contract” as defined under the Indian Contract Act, 1872. The “Service conditions” as stipulated in the letter of appointments/Service Rules/Standing Orders are deemed to be Terms of Contract under the Indian Contract Act 1872. Any change/alterations in the terms of contract must be mutually agreed & accepted for enforcement. Otherwise, the Contract will be Void. For More details kindly click the below link: https://www.businessmanager.in/impediments-in-changes-in-service-conditions-a-blessing-in-disguise/ Courtesy: Business Manager 1st December 2023 Follow HR Learning Academy WhatsApp Channel by clicking the below link: https://whatsapp.com/channel/0029Va4vHVm1CYoX8FwvPZ1h PHRMC happy to announce one-month online session on ER/IR "Harmony at Work: Mastering Employee and Industrial Relations for Effective Workplace Management and Discipline Maintenance" Contents have been designed considering daily work situations.
Details of coverage:
Labour reform is one of the most sensitising actions by the treasury bench that often knowingly or unknowingly is opposed not only by the opposition bench but often by the trade union outfit of the treasury bench. The fall out is obvious...once bitten, twice shy to implement. The Indian trade union movement is much more aligned with political ideology rather than syncing with the socio-economic reality. Within the prevailing geopolitical scape of the country often the actual reform takes the back seat. In a country even the mildest intervention attracts huge criticism in public platform and thus the ideas of reform are often shelved helping none other than the conflicting political outfits aiming for retaining and/or capturing support base from the industrial population. There is a growing un-unionised culture of certain knowledge based industries.
He and she attended a company-nominated training program outside the company premises. After the training program, she complained to the ICC that he sexually harassed her during the training program. Is this complaint valid under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013?
YES. The incident took place during a training program, and according to the Act, the venue of the training program is the workplace. The Prevention, Prohibition, and Redressal (PPR) approach is a key feature of the POSH Act, 2013. This approach aims to create safe and harassment-free workplaces for women.
Prevention: It refers to the steps taken by the employer to prevent sexual harassment in the workplace. Employers must take measures such as establishing internal committees, conducting awareness and sensitization programs and implementing policies and guidelines to prevent sexual harassment in the workplace. Prohibition: This refers to the prohibition of sexual harassment in the workplace. Here, prohibition is strictly related to restricting unwelcoming acts/behaviors in the workplace related to sexual harassment. Employers must communicate such restrictions through policy, process, and awareness programs. They must ensure that their employees, including visitors, are aware of such prohibitions. Redressal: This refers to the mechanisms put in place to address and redress complaints of sexual harassment in the workplace. Employers are required to establish internal committees to address sexual harassment complaints, and employees have the right to file complaints with the committee if they experience any form of sexual harassment. |
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