COMPANY PROFILE ABOUT US: Welcome to APART - "Building Character and Confidence in Young Generation" "You have to learn

the rules of the game. And then you h ave to play better than anyone else" Albert Einstein The rules of the game are very important. If one wishes to play an even hand, one must be equipped with knowledge and the way to go about doing what one has set one s heart on. Eins tein proved every word of the above quotation; do you have the guts to do so?

The path to success, people say, is full of challenges and nothing can equip you to face them. People say that it is a rat race, and you can t succeed if you don t run. Running wi thout direction is like being a fan. Speed, along with direction, after all, is very important: our velocity decides where we reach.

If you have the zeal in you to succeed we are there to help you. We are a group of highly committed Individuals, who have joined hands to aid you in every possible way on your path towards achieving your goal. APART, an acronym for Academy of Professionals for Aptitude, Research and Traini ng, is symbolic of a desire to excel thus bringing a systematic approach to an industry characterized by a lack of structure and systems. Started by the erstwhile team of PT Education s Pun e Center, which was operational for last 4 years, the team of APART has the vision of adeptly de livering these programs in various engineering and MBA colleges in and around Pune.

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FROM CEO DESK: I believe that everyone has the ability to evolve into the dynamic person they h ave within themselves through confidence, focus, and practice. It is with immense pleasure that I, wit h an excellent team driven with the same zest, have started a focused academy to guide young individ uals to become employable & achieve their dream of being successful. We are glad to be an India n at this time of exceptionally positive growth and maximum opportunities where we can be the brid ge builders between institutions & corporate. After brainstorming with individuals from the leading corporate, we identified t he unstructured segment of training. With our rich experience and rigorous research process, we have designed a training module to enable the students to crack the aptitude tests and the inter action round (GD/PI) with ease. The students can realize their dream of getting the right job .

The program is designed to be interactive, experiential and is oriented towards development of skills, necessary for success in the globalized workplace. Our trainings and methods are derived from scientific research and best practice s for learning that

are accepted worldwide. There is no magic potion here, if students put in the ti me and hard work necessary, we will help them achieve the desired results. Vivek Malhotra Founder & Executive Director APART - The Finishing School 3rd page

CORE TEAM OF APARTAPART is managed by a team of young and highly qualified individuals. The top ma nagement team of APART is made of dedicated individuals with proven credentials - academi c as well as professional. We recognize that the people working with us are the most important assets that we have, we will strive to create an environment that attracts nurtures and develops the best tal ent in the industry. Our team members share the same missionary zeal that made us so successful in ou r previous avatar. The APART family members are ready to learn new skills and pick up new p ractices that can add value to our students. We envisage a bright, successful and prosperous future for Team APART and aspire to achieve it primarily through a mix of strategic goals leveraging great talent Unrelentin g focus on student satisfaction Quality products and delivery strict delivery standards Openness to new ideas and thoughts We fully understand that with changing times, our product portfolio will also ne ed to be constantly upgraded. We are ready for the challenges to evolve with times. With a sharp lon g term focus on

education, excellent management policies, strong systems orientation and a genui ne desire to make a difference, the APART family is all set to play a major role in shaping the am bitious youth.

4th page MISSION: Our mission is to inspire, encourage, and assist our students in acquiring the l ife skills. These would be necessary to manage and maintain harmonious and effective relationships at work, home and within the community. APART is to empower you with confidence so that you can overcome a ny challenges and pursue your dreams!

VISION: Our multifold vision has only one goal: to bring a change in the education secto r as a whole. Various tenets of our vision include: To teach our students excellent soft skill s so they can achieve their full potential. To be the preferred provider of unsurpassed innovative HR solutions by bringing together creative professionals in a fair and objective organization, maxi mizing individual potential and being the employer of choice.

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PHILOSOPHY: The philosophy and objective of the Certificate Program in Executive Excellence, which is the core program offered at APART is based on extensive research amongst students, inputs from various industry players. The program is designed to be interactive, experiential and is oriented towards development of skills, necessary for success in the globalized workplace.

GOAL: Our goal is to help our students get the jobs and promotions they want. APART un locks the potential that all students have within themselves, by providing essential lessons and pra ctice with soft skills. Our vision is to help students achieve their full potential and be best employee s they can be. This is not an easy or automatic process but through proper training, technique and hard work, it is something that everyone can achieve.

CORE VALUES: The world is based on a value system. Our values are very simple: We are very co mmitted to our goal and do not waver from it. Integrity is necessary for every organization. We are committed to excellence as a practice. In a people intensive industry, we are different becau se we bring and develop the best talent. Change is the only factor that is constant and we embrace chang e.

PROGRAMS: The education sector and its allied industries are witnessing an unprecedented e

ra of growth. As we stand in the third millennium, the education sector promises rich rewards - both monetary and social - to those willing to take the plunge. The portals of higher education in India are open to students who fare well in stringent competitive tests. This leads to stiff competition am ong students and this is where we see ourselves adding value to students' preparations. Our core competen ce lies in the area of preparing students from engineering and MBA colleges for the written and GD/P I phase of their placement process. The specialty of APART courses is the fact that they are extremely well- researc hed and innovative by nature. In short, academic excellence coupled with a fine nose for students' needs is what we keep in mind always.

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ACTIVITIES: APART strongly believes that the students who join its classroom/campus courses must be exposed to a whole new environment that encompasses a universe of experience for the you ng souls. Thus, apart from the basic classroom training that we excel in, we provide a series of experiences like -

Regular Career Seminars ... attended by thousands GK Inputs ... Open up your minds!

Food for Thought ... Regularly in the classroom

Interaction with Successful Ex-APART Education Students ... is enlightening inde

ed!

Career counseling ... always available from the best faculty. Doubts Clearing et c.

Lots of short-cuts, test-smarts.... So essential for your success at the final s tage

This ensures a holistic development of a student's outlook towards his career in specific, and life in general. The entire APART Education network is geared to serve this noble purpos e. THE 'APART' ADVANTAGE:

Classes will be conducted in the college premises. Minimum batch strength will be of 50 students in a batch.

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APART will provide the complete study material for the courses to the students. The study material will be given to the students in parts as per the schedules. The study material will be approximately 500 pages.

Each classroom session will be divided into three segments

Theory/Concept Discussions

Practice Exercise, Periodic classroom test

In-depth Analysis by the faculty.

Company specific workshops.

GD & PI preparations

The faculty members will handle all the doubts of the students immediately befor e or after the class & Tests.

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SUPPORTERS OF APART SINHGAD EDUCATION SOCIETY SHRIMATI KASHIBAI NAVALE COLLAGE OF ENGINNRING (SKN), vadgaon SIT, lonavala SAE, kondhwa SKN, vadgaon SITS ,narhe D.Y.PATIL,akurdi PCCOE, nigadi SSVP s COE, dhule JAPM collage of engineering , pune MARATHWADA MITRA MANDAL , pune

AVCOE , sangamner WADIA INSTITUTE OF TECHNOLOGY, pune PCCOE , pimpari

ACHIVEMENT AWAREDS

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ACHIVEMENTS

YEAR 2009 TRAINING PLACEMENT

2010 2200 1800

2012 4500 2900

9000 8300

PIE DIGRAM

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STRUCTURE OF COMPANY

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Human Resource Department Human resource department is one, which provides services that are used by all t he departments. It is a department, which looks after all the activity of the organ ization and acts as the head of all departments. It is department, which sets out the objectives of each department and gives order's to perform the individual activities. There are about 200 empl oyees working in this department.

HUMAN RESORCE POLICY IN APART Hr policy ( human resource ) Finance policies Office time Leave policies Leave encashment policy Convince policies Dress coad policies Company structure Payment policies

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1.HUMAN RESOURCE DEPARTMENT Functions Recruiting of employees and workers. Replacement / Transfer / Promotion of employees. Induction of employees. Probation / Training of the workers Increment / bonus to employees. Information management. Safety management. Welfare management.

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FINANACE DEPARTMENT FunctionsMain activity of the finance department is to keep all the accounts of the finan cial matters. It is responsible for maintaining up to date accounts. The various acti vities are allocated to different sections. The costing section determines the cost incurred on various items of management, information system is adopted in this section, which is clearly financed by the various banks. Excise section files periodic returns under various acts like PF. Act, Employee state, insurance Act, sales tax, central tax etc. It issues sales tax. This section car ries out all the activities concerned with the excise. Pay roll section prepares the pay sheet. They keep account of the raise in pay, bonus, deductions in salary, if any etc of each employee. The net salary of each employ ee is tabulated in this section.

Cash in bank section regulates the day bank and cash transactions. This section issues cheques to suppliers after the instruction frauds the bill payable section. It p repares the bank reconciliation statement and also reconciles the suppliers and customer accounts . It also provides all records to the auditor, internal and external. Bills payable section verifies the purchases bills and receives the debit notes and credit notes as per the instruction of the purchase department.

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OFFICE TIME Working time for company is morning 9.30am to evening 7.30pm for all employee i n the office

LEAVE POLICIES

Leave encashment policy

Convince policies

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Dress coad policies

Company structure

Payment policies

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PRODUCT OF APART 1. IMPACT: The very fact is that professional courses like MBA/MMM/MBM are under taken to c reate skilled workforce and to deliver professionally. However with limitations to university syllabus, grooming and articulating skills of students are unheeded. Impact caters to deliver soft skills, (G.D./P.I) training combined with language arsenal. Duration of the course- 20 sessions Duration 2 hours/ session

2. Impact Plus: A customized one - stop solution programme focused on Engineering/MCA student s pl acement. An

aptitude training (Mathematics, Logical Reasoning and Language) module with a pr oven track record of more than 9000 engineering student s already placed. Duration of the course- 30 sessions Duration 2 hours / session

3. Tech Guru: IT - sector today is one of those bulk recruiting sectors and wants ready to use human resource. Tech Guru is a module which aims to prepare students for technical rounds of these IT /ITES organizations. Duration of the course-10sessions Duration 2 hours/ sessions 4. SPEAK WELL: One may be sound with his/her Engineering/Technical/Reasoning Skills however the platter is half served if one fails with communication parameters. Designed with an objective to scale - up the English language skills, Speak Well is a capsule to enhance spoken English skill s to make you a flamboyant/elegant speaker. Duration of the course-40 sessions Duration 2 hours/ sessions

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5. PRO BANK: "Financial services are one of the major contributors for employ ability opportu nities. One of the

fastest growing and promising sectors, it is also one of the higher paying secto rs. With a focus on providing an entry for students into this sector, APART introduces BANK-PRO. BAN K PRO is a training program which provides training on analytical, language and employabili ty skills, providing the candidate with a sweet opportunity to be a part of banking industry. Student s are provided with focused training on all the aspects of clearing Bank Probationary officer exam." Duration of the course-40 sessions Duration 1.5 hours / sessions

6. TECHGURU PLUS: Tech Guru Tech Guru plus is a training program developed to guarantee employ abi lity, Designed with focus on corporate requirements, Tech-Guru plus gives students an edge over others when technological knowledge is considered. It consists of latest and most used techn ologies in the industry and equips students with practical knowledge clubbed with Soft skills making the student a market ready placement prospect. Tech-Guru plus helps not just the candidates who are p lacement eligible but caters to any student who is technically inclined thus eliminating the great divide of percentage and marks. Duration of the course- 20 sessions Duration 1.5 hours/ sessions Future Growth and prospects

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TITLE OF THE PROJECT EFFECT OF WELFARE PRACTICES ON EMPLOYEE PRODUCTIVITY finishing school) Pune with reference to APART (

STATEMENT OF THE PROBLEM The study and analysis of the Employee Welfare facilities provided and the level of satisfaction of employees towards the existing welfare facilities used in APART ( the finishing school pun e)

OBJECTIVES OF THE STUDY 1. STUDY OF EXISTING WELFARE PRACICES AT APART 2. IDENTIDICATION OF SUCH WELFARE PRACTICES AND RESULT IN INCRESES IN EMPLOYEE PRODUCTIVITY 3. IDENTIFYING THE IMPACT OF SUCH WELFARE PRACICE ON EMPLOYEE PRODUCTIVITY

SCOPE OF THE STUDY 1. The study is concerned with the analysis of employee welfare facilities. 2. It will facilitate the management to review its present facilities and adop t further modification. IMPORTENCE OF STUDY 1. welfare measures are provided mainly by employees, however government schemes social setup and charitable agencies may also extent their help all aimed at improving employe es heath, economy betterment, and social status. 2. there are responsible welfare measures available to employee through statutor y provisions.

3. in most cases collective bargaining helps to improve the degree of welfare fa cilities. 4. the welfare measures are not rigid. It will be changing all the time it refle cts the personality of the welfare officer on his vision ,creativity, and understanding the sprit of his work e thics 5.the welfare measures may also help develop the personality of employee to cert ain extant. 6. motive behind providing welfare schemes is to create efficient , healthy, loy al, and satisfied employee force for the organization.

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LEARNING EXPERIENCE It has been a great opportunity for me to carry out my Inplant and summer projec t in APART .the finishing school The completion of the project has given me a great sense of satisfaction. The corporate exposure has enabled me integrate the theoretical and practical as pects of the study. I am very fortunate in having completed my training at such an esteemed company. As a result of which I got to learn a lot of different things that will help me in fu ture. It has also helped me to a great extent to have an insight into the practical realities of the subj ects. As a person we tend to become more disciplined when we are in an actual plant working under our superior. I got to know about the basic skills that we could r equire for making better decision. It also helped me to get some basic essence of the organization culture and its work environment.

In the end I would once again sincerely express my gratitude to all the people w ho have helped in making my training such a wonderful learning experience.

Thank You

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METHODOLOGY Data collection Types of data collection involved are primary data and secondary data. Primary sources of data It involves data collected as descriptive and qualitative nature. The following methods are used to collect the primary data. Questionnaire method This research work makes use of structured questionnaire

to elicit information from various employees. Some information is also collected by unstructured questions.

Interview method This research work makes use of personal interviews of various employees and management staff. The main soul of the information of the company I have collected is from the HR Manager. Secondary sources of data

The secondary data is collected with reference of manuals, books, journals and H indalco website. The information regarding various welfare facilities provided under dif ferent acts.

Especially under Factory Act and facilities provided by the organization was col lected from magazines and reference books. Sampling Plan The method chosen for the research is questionnaire method and the respondents f or the survey had been selected through random sampling. With the help of questionnaire the study was done through personal interaction with the respondents. Sample size A sample of 30 employees was chosen from the total workforce of 30s employees. 21st page

LIMITATIONS OF THE STUDY

Time was one of the limitations during the project work because of the lack of t ime the sample size was restricted to employees.

The study was limited to some departments only as well as number of employees. LITERATURE SURVEY Origin of Labour Welfare Activities The origin of welfare work in India may be traced from the First World War of 19 141918. Since the First World War, it has been expanding steadily, mostly on volun tary basis. The economic depression also did much to temper the interest, which the war had kindled. The governments as well as industrialist were prompted to take active interest in we lfare work due to the discontent and industrial unrest that prevailed in the country, and to so me extent due to moral pressure brought to bear on them by the work of the International Labour O rganization.

The Second World War received and strengthened welfare movement, and the benefit s resulting from a proper regard for the healthy and well being of the employees were gradua lly recognized, and employers co-operated with the government in the provision of improved ameni ties. Active interest in welfare facilities has survived the impetus of the war and though th e welfare work in India is still considerably below the standards set up in other countries, it has come to stay and is bound to make rapid progress in the years to come, especially when the In dian republic is wedded to the ideal of a Welfare State and a socialist pattern of the society. 22nd page Definition

According to a report of the International Labor Organization, hould be

Workers welfare s

understood as such services, facilities and amenities which may be established in the vicinity of an undertaking to enable the persons employed in them to perform their work in healthy, congenial to good health and high morale . Employee welfare is a comprehensive term including various servi ces, benefits and facilities offered to employees & by the employers. Welfare includes anything that is done for the comfort and improvement of employees and is provided over and above the wages. T he welfare measures need not be in monetary terms only but in any kind/forms. Employee welf are includes monitoring of working conditions, creation of industrial harmony through infrast ructure for health, industrial relations and insurance against disease, accident and unemplo yment for the workers and their families.

The very logic behind providing welfare schemes is to create efficient, healthy, loyal and satisfied labor force for the organization. The purpose of providing such facili ties is to make their work life better and also to raise their standard of living. 23rd page

Purpose Employee welfare work thus serves the following purposes:

Enables workers to have a richer and more satisfying life.

Raises the standard of living of the workers by indirectly reducing the burden o n their pocket.

Absorbs the shocks injected by industrialization and urbanization on workers

Promotes a sense of belonging among workers, preventing them from resorting to unhealthy practices like absenteeism, labour turnover, strike etc.

To bring about the development of the whole personality of the workers to make a better workforce 24th page Staff Staffing is the process of acquiring human resources for the company and ensurin g that they have the potential to contribute the achievement of the company s goals. It i s selecting people for specific company position and developing in them the ability and skil l that they would

need to be effective in this and subsequent assignments. The staffing function a pplies to the whole company. The Company follows a careful recruitment, training, and appraisal for both the operatives and management cadre through its able HR Department. The Company employs oyees and about _ operatives and other contact workers. employees, in that _head of roll. _workmen ), _ staff _empl

In APART totally there are _ are local management and

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MANAGEMENT POLICY Management of APART is Participative in nature. Decision is taken with involvem ent of subordinates and other staffs. Requirements and ideas of the subordinates are taken into consideration when the decisions are taken. "Management means attracting talented people, nurturing them, developing them, a nd giving them space," asserts Birla, "decisions need to be made at every level and decisions need to be quick. So, they have to spot, incubate and groom talent at every level of the organization, because more people need to be making high quality decisions." A 360 degree feedback program that allows managers to question even APART S own leadership style. 26th page

Skills The skills refer to the dominant capabilities that exist in an individual. The t

erm skills include those characteristics, which most people use to describe the Company. Co mpanies have strengths in number of areas. These are developed over a period of time.

The important benefits of welfare measures can be summarized as follows: They provide better physical and mental health to workers and thus promote a he althy work environment. Facilities like housing schemes, medical benefits, and education and recreation facilities for workers makes workers to pay y. families help in raising their standards of living. This

more attention towards work and thus increases their productivit

Employers get stable labor force by providing welfare facilities. Workers take a ctive interest in their jobs and work with a feeling of involvement and participation.

Employee welfare measures increase the productivity of organization and promote healthy industrial relations thereby maintaining industrial peace.

Welfare helps in keeping the morale and motivation of the employees high so as t o retain the employees for longer duration. 27th page

Welfare measures provided by APART 1. Statutory and 2. Non statutory provisions

Statutory welfare The statutory schemes are those schemes that are compulsory to provide by an org anization as compliance to the laws governing employee health and safety. These include pr ovisions provided in industrial acts like Factories Act, the Employees State Insurance Ac t, the Minimum Wages Act, the Payment of Wages Act, and the Industrial Dispute Act to ensure a fair deal to employees in various aspects of their jobs.

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A) The Factories Act, 1948 lays down basic minimum requirements for the safety, health and welfare of factory workers. The Primary provisions in connection with welfare of the workman as contained in the Factories Act are concerning facilities like

Canteen facilities

Rest rooms and locker room

Safety Facilities

Drinking water

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First-aid kit

Lighting facility

Sanitary and hygiene facility

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(B) Workmen s Compensation Act, 1923

In case of an employee who sustains injury of work free medical treatment is provided by the company in the referred hospitals & in deserving cases referral at the company s expenses is made to the specialized hospitals within the country. In cas e of employee dies or attains permanent total disablement due to accident arising out of and in course of employment, compassionate employment is also extended to the depend ant. Further, monetary compensation is also paid in such cases, including partial dis ablement cases, as per the Workmen s Compensation Act. All the above benefits are also exte nded to an employee who sustains injury/dies on route to his residence from his place of work & vice-versa. (C) Maternity Benefit Act, 1961 Maternity Benefits as under the Maternity Benefit Act are extended to the women employees. This includes maternity benefits like cash and non-cash benefits befo re and after child birth. Leave with average pay for six weeks before and after the del ivery. A medical bonus of Rs.25 if the employer does not provide free medical care to the woman. An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage, or premature birth. In case of miscarri age, six weeks leave with average pay from the date of miscarriage.

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(D) Payment Of Wages Act, 1936

(E) Payment of Bonus Act, 1965

(F) Payment of Gratuity Act, 1972 Gratuity is a payment made by the employer to an employee in appreciation of the past services rendered by the employee. Completed years of service are taken . More than 6 months shall be taken as a completed year. A period of 6 months or less t han 6 months shall be ignored. Gratuity is calculated by the formula Gratuity = Last Drawn Salary x 15/26 x No. of years of service

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(G) Employees Provident Fund & Miscellaneous Provision Act, 1952 Employees covered under the Act enjoy a benefit of Social Security in the form of an unatacheble and unwithdrawable (except in severely restricted circumstance s like buying house, marriage/education, etc.) financial nest egg to which employees an d employers contribute equally throughout the covered persons is payable normally on retirement or death. Provident fund is calculated @ 12% on the basic salary, which indeed is deducted from Employee's salary and the same plus 12% on the basic is contributed by the employer. So the aggregate 12% + 12% is remitted to the Provident fund Department and along with includes Administrative charges like EDLIS + Admin works contribution is 1.61% (1.11%+0.5%) I.e.; 12% + 12% + 1.61% = 25.61% Where as in Employer contribution 12% is divided into 8.33% (PS) + 3.67% (EPF) PS: Pension Scheme EPF: Employee PF EDLIS: Employee Direct Link Insurance Scheme employment. This sum

(H) The Employees

State Insurance Act, 1948

This Act aims at bringing at labour welfare. It provides the following benefits to the insured persons on their dependants like sickness benefit, maternity, dis ablement, dependents benefit, and medical, funeral expenses benefits. ESI: Employee State Insurance is calculated at 1.75% on the gross salary of the employees whose salary is below Rs. 10000/-per month (w.e.f 2008) and Employer

contributes 4.75% on the gross salary of the employee and the aggregate 1.75% + 4.75% is remitted to the ESI Department. 4.75% of gross salary (Employers contribution) + 1.75% of gross salary (Employee s Contribution) 32nd page

Contract Labor (Regulation and Abolition) Act, 1970 Purpose of the Act is to regulate employment of contract labour and to provide f or abolition of contract labour in certain cases. Establishment to which Act applies - The Act is applicable to every establishmen t in which 20 or more workmen are employed as contract labour or were so employed anytime during last 12 months. [ section 1(3)(a)] . ct will not apply to establishment where work of an intermittent or casual nature is performed. [sect ion 1(5)(a)]. Establishment means any office or department of Government or a local authority or any place where any industry, trade, business, manufacturing or occupation is going on. [section 2(1)(e)]. - Every such establishment is required to get itself registered under the Act. [section 7]. Manager or occupier of factory or head of department of Government/local authori ty is termed as Principal Employer . [section 2(1)(g)]. Principal Employer should maintain register of contractors in prescribed form. [ section 29]. He is required to ensure that contractor makes adequate provision for canteen, rest rooms, supply of drinking water, latrines, urinals, wash rooms etc. to contract labour. If contractor fails to do so within prescribed time, the Pri ncipal Employer shall provide the amenities. can recover from contractor the cost incurred by him in providing these amenitie s. [section 20]. Contract Labour A workman is deemed to be employed as ation to work of the contract labour in or in rel

establishment, if he is hired for such work by or through a contractor, with or

without knowledge of principal employer. [section 2(1)(b)]. Contractor - The Act applies to every contractor who employs 20 or more workmen. [section 1(3)(b)]. The contractor sill be licensed. [section 12]. Contractor is required to maintain muster roll and re gister of wages. [section 29]. - - He is required to follow other provisions as my be contained in Rules made by Appropri ate Government. Contractor is required to pay wages to workmen on time, in presence of authorised representati ve of principal employer. [section 21]. - - He should issue wage slips to workman and obtain signature or thumb impressi on on wage register. - - if contractor fails to make payment of wages, Principal Employer is liable to make payment of wages to contract labour. He can recover this amount from contractor. [section 21(4)]. Contractor is required to provide canteen facilities, first-aid, rest rooms, dri nking water, latrines and washing facilities, as per rules made by State Government. [sections 16 and 17]. Controlling authority Control over contract labour will be exercised by te Government . - - Appropriate Appropria

Government means * Central Government in case of railways, docks, IFCI, ESIC, LI C, ONGC, UTI, Airport Authority, industry carried on by or under authority of Central Government * State Governme nt in case of other industrial disputes [section 2(1)(a)]. - - Appropriate Government can make rules. It will appoint in specting staff to ensure that the provisions of Act are being followed. [section 28]. Other laws applicable to contract labour Abolition) Act, various other Acts Besides Contract Labour (Regulation and

are applicable to contract labour (a) Factories Act The Act makes no distinction between persons directly employed and employed through contractor (b) Employees Provident Funds Act (c) ESIC (d) P ayment of Wages Act (e) Minimum Wages Act (f) Industrial Disputes Act (g) Workmen s Compensation Act. Prohibition of employment of contract labour employment of contract labour in Appropriate Government can prohibit

any process, operation or work in any establishment, by issuing a notification. Such order can be issued after

consultation with Advisory Board. [section 10(1)]. Before issuing such order in respect of any establishment, Government will consider aspects of conditions of work and benefits provided to contract labour, whether process operation or work is incidental or necessary for the industry/trade/business, pe rennial nature, whether it is done ordinarily through regular workmen in other similar establishment. [section 10(2 )]. 33rd page

In Steel Authority of India v. National Union Water Front 2001(5) SCALE 626 = 20 01 LLR 961 = AIR 2001 SC 3527 = JT 2001(5) SC 602 = 2001 III CLR 349 = (2001) 7 SCC 1 = 2001 LLN 135 = 2001 AIR SCW 3574 (SC 5 member Constitution bench), it was held that Central / State Government can issue notif ication u/s 10 abolishing contract labour only after following prescribed procedure regarding consultation etc. It was als o held that even if such a notification is issued, the employees with contractor will not be automatically absorbed in the employment of the company, if the contact was genuine. However, company will give preference to them. However, if the contract was not genuine but a mere camouflage, the so called contract labour will have to be treated as employ ees of principal employer. Industrial Disputes Act The object of the Act is to make provisions for investigation and settlement of industrial disputes. However, it makes other provisions in respect of lay off, retrenchment, closure etc. The purpose i s to bring the conflicts between employer and employees to an amicable settlement. [The Act is achieving exactly opposite] . The Act provides machinery for settlement of disputes, if dispute cannot be solved through collective bargainin g. Industry under Industrial Disputes Act try means any business, The definition of industry is as follows

Indu

trade, undertaking, manufacture or calling of employers and includes any calling , service, employment, handicraft or

industrial occupation or avocation of workmen. [section 2(j)]. Thus, the definit ion is very wide. - - The scope is much wider than what is generally understood by the term 34th page industry .

Industry Dispute ows -

and

Workman

The definition of

industrial dispute

and workman

is as

Industrial Dispute Industrial dispute means any dispute or difference between em ployers and employers, or between employers and workmen, or between workmen and workmen, which is connected with t he employment or nonemployment or the terms and conditions of employment or with the conditions of l abour, of any person. [section 2(k)]. - Section 2A provides that dismissal, discharge, retrenchment of even a single w orkman will be industrial dispute even if no other workman or any union is a party to the dispute.

Workman Workman means any person (including apprentice) employed in any industry t o do any manual, clerical or supervisory work for hire or reward. It includes dismissed, discharged or retren ched person also. However, it does not i Include (i) Armed Forces i.e. those subject to Air Force Act, Army Act or Navy A ct (ii) Police or employees of prison (iii) Employed in mainly managerial or administrative capacity or (iv) person in supervisory capacity drawing wages exceeding Rs 1,600 per month or functions are is mainly of managerial nature. [s ection 2(x)]. Adjudication of disputes ng 100 or more workers. The Act provides for Works Committee in factories employi

[section 3]. The committee will consist of equal number of representatives of em ployer and employees. Representatives of employees will be selected in consultation with Registered Trade Union. The W orks Committee will first try to settle disputes. If dispute is not solved, it will be referred to Conciliation Officer . H e is appointed by Government. [section 4]. The matter may also be referred to Board of Conciliation . [section 4]. He will try to arrive at fair and amicable settlement acceptable to both parties. If he is unable to do so, he will send re

port to appropriate Government. [section 12(4)]. The Government may then refer the industrial dispute to Board of concili ation, Labour Court or Industrial Tribunal. [section 12(5)]. 35th page

Employer and employees can voluntarily refer the matter to arbitration. [section 10A]. [This provision is very rarely used by employer and workmen. Generally, they prefer the Court route]. If no settlement is arrived at, there is three tier system of adjudication r Court, Industrial Tribunal and National Tribunal. The order made by them is award . Labou

Award means an interim or final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Tribunal. It also includes arbitra tion award. [section 2(b)]. - - The award is required to be published by State/Central Government within 30 days. [section 17]. The award becomes effective 30 days after its publication. [section 17A]. Labour Court Labour Courts are constituted by State Governments u/s 7. It will b e presided over by Presiding Officer . The Labour Court has powers in respect of * Interpretation of Standing O rders * Violation of Standing Orders * Discharge or dismissal of a workman * Withdrawal of any customary concession o r privilege * Illegality or otherwise of a strike or lock-out * Other matters which are not under Industrial Tribunal. [Second Schedule to the Act] Industrial tribunal Industrial Tribunal is constituted by State Government u/s 7 A. The tribunal will be presided over by Presiding Officer. The Industrial Tribunal has powers in respect of * Wages, incl uding period and mode of payment * Compensatory and other allowances * Hours of work and rest intervals * Leave wit h wages and holidays * Bonus, profit

sharing, provident fund and gratuity * Shift working changes * Classification by grades * Rules of discipline * Ratinlanisation and retrenchment of workmen. [Third Schedule to Act]. National Tribunal National Tribunal is formed by Central Government for adjudica tion of industrial disputes of national importance or where industrial establishments situated in more than one States are involved. [section 7B]. 36th page

Reference of dispute Appropriate Government can refer any dispute to Board of Co nciliation, Court of Enquiry, Labour Court or Industrial Tribunal. [section 10(1)]. - - Appropriate Government means * Central Government in case of railways, docks, IFCI, ESIC, LIC, ONGC, UTI, Airport Authority, industry carr ied on by or under authority of Central Government * State Government in case of other industrial disputes [sect ion 2(a)]. Court/Tribunal can reduce punishment and order reinstatement - As per section 11 A, the Labour Court and Tribunal have wide powers. They can reappraise evidence. They can also see whether the pu nishment is disproportionate to the gravity of the misconduct proved. If the Court or Tribunal is of the view that t he punishment is disproportionate, it can impose lesser punishment or even set aside the termination and order reinstateme nt. - - If Court orders reinstatement and employer files appeal in Higher Court, the employer is required to pay full wage s to the employee during the period of pendency of proceedings with High Court or Supreme Court. However, if the workma n was gainfully employed elsewhere, Court can order that payment of such wages is not to be made. [sectio n 17B]. Settlement - Settlement means a settlement arrived at in the course of conciliatio n proceedings. It includes a written agreement between employer and workmen arrived at otherwise than in course of co nciliation proceedings (i.e. outside the conciliation proceedings). - - The difference is that settlement arrived at

in course of conciliation or an arbitration award or award of labour court or Tribunal binds all parties to industrial dispu te including present and future workmen and all parties who were summoned to appear in the proceedings. [section 18(3)]. If settlement is arrived at by mutual agreement, it binds only those who were actually party to agreement. [section 18 (1)]. - - The settlement is binding during the period it is in force. Even after that period is over, it continues to be bi nding, unless a 2 month notice of termination is given by one party to another. [section 19(2]. - - If no period has been spec ified, settlement is valid for 6 months and an award is valid for one year.

37th page

Jurisdiction of civil court qua industrial dispute titutes an Industrial Dispute. Relief

Termination of a workman cons

sought can be given by forum under Industrial Disputes Act and hence, jurisdicti on of civil court is impliedly barred. Chandrakant Tukaram Nikam v. Municipal Corporation 2002 AIR SCW 710 = 2002(2) SC ALE 77 = 2002 LLR 498 = 100 FJR 519 (SC 3 member bench). Lay off, retrenchment and closure mployer on account of shortage of Lay off means failure, refusal or inability of e

coal, power or raw materials or accumulation of stock or break down of machinery or natural calamity; to give employment to a workman on muster roll. - - Lay off thin two hours after reporting to means not giving employment wi

work. - - Lay off can be for half day also. In such case, worker can be asked to come in second half of the shift. [section 2(kkk)].

A factory employing 50 or more but less than 100 employees on an average per wor king day can lay off the workmen, who have completed one year of service, by paying compensation equal to 50% of s alary (basic plus DA) (section 25C

of IDA). - - Employer can offer him alternate employment, if the alternate emplo yment does not call for any special skill or previous experience, and lay off compensation will not be payable if employee refuses to accept the alternate employment (section 25E).

38th page

Above provisions of compensation for lay off do not apply to (a) Industrial esta blishments employing less than 50 workmen (b) seasonal industry (c) Establishments employing 100 or more workmen, as in their case, prior approval of Appropriate Government is necessary u/s 25M(1). Retrenchment Retrenchment means termination by the employer of service of a workma n for any reason, other than as a punishment inflicted by a disciplinary action. However, retrenchment does not include voluntary retirement or retirement on reaching age of superannuation or termination on account of non-re newal of contract or termination on account of continued ill-health of a workman. [section 2(oo)]. Retrenchment means discharge of surplus labour or staff by employer. It is not by way of punishment. The retrenchment should be on basis of last in first out gory, i.e. junior-most employee in the basis in respect of each cate

category (where there is excess) should be retrenched first. [section 25G]. If e mployer wants to re-employer persons, first preference should be given to retrenched workmen. [section 25H]. A worker who has completed one year of service can be retrenched by giving one m onth notice (or paying one month s salary) plus retrenchment compensation, at the time of retirement, @ 15 days age wages for every completed year Of service (section 25F). aver

39th page

In Parry s Employees Union v. Third Industrial Tribunal 2001 LLR 462 (Cal HC), it was held that for purposes of retrenchment compensation under ID Act, the monthly salary should be divided by 30. [Under Gratuity Act, it has to be divided by 26]. If number of workmen are 100 or more, prior permission of Appropriate Government is necessary u/s 25N(1)]. Meaning of continuous service ent are applicable only to Provisions of compensation for lay off and retrenchm for one year. As per section 25B, continuous s

workman who is in continuous service ervice includes service

interrupted by sickness, authorized leave, accident or strike which is not illeg al, or lock-out or cessation of work which is not due to fault of workman. -- In Workmen v. Management of American Express AIR 1986 SC 548 = 1985(4) SCC 71, it was held that actually worked with hammer, sickle or pen, but cannot mean only those days where workman worked

must necessarily comprehend all those days during which he was in the employment of employer and for which has been paid wages either under express of implied contract of service or by compulsion of statute, standing orders etc. Closure Closure means permanent closing down of a place of employment or part ther eof. [section 2(cc)]. - - Thus, closure can be of part of establishment also. - - 60 days notice should be given for closure to Government, if number of persons employed are 50 or more. 60 days notice is not necessary if number of pe rsons employed are less than 50. [section 25FFA]. Compensation has to be given as if the workman is retrenched. [ section 25FFF(1)]. - - If number of workmen employed are 100 or more, prior permission of Government is necessary fo r closure u/s 25-O. 40th page

Provisions for large industries for lay off and closure - Large industries emplo ying 100 or more workmen on an average

for preceding 12 months cannot lay-off, retrench or close down the undertaking w ithout permission from Government (sections 25M to 25-O of Industrial Disputes Act). Invariably, such permission i s almost never given, whatever may be the merits of the case. Provisions of section 25M in respect of prior permission for lay off have been u pheld in Papnasan Labour Union v. judicial and hence opportunity of hearing must be given and the order giving per mission or refusing permission is subject to judicial review. In Bharatia Electric Steel Co. Ltd. v. State of Hary ana 1998 LLR 322 (P&H HC DB), it was observed that operation of section 25-O should be limited to cases where employe r is acting arbitrarily or unfairly. If the reasons given by employer for closure are genuine and adequate, permission canno t be refused.

41 page Non Statutory Welfare Non statutory welfare activities will result in a sense of gratitude and loyalty among employees and motivate them to work hard. Generous benefits might, create a sens e of overdependence among workers; they may not leave the organisation, causing large wor kforce stagnation. The non statutory schemes differ from organization to organization a nd from industry to industry. (A) Transport Facility

(B) Housing Facility

(C) Co-Operative Society

(D) Medical Facility

42 page Other welfare facilities provided at APART THE FINISHING SCHOOL

a) House Construction and House Repair Assistance

b) Incentive For Family Planning

c) Worker s Education

d) Farewell for Retirement Or Transfer

e) 25 Years Service Award

f) Scholarships

g) Working Hours

h) Uniform

NAME OF CORE TEAM OF APART Mrs. Swati Malhotra - With more than 10 years of experience in hospitality manag ement, her grooming expertise has helped thousands of students so far. Mrs. Joyti Balchandran - Post graduate in English with more than 12 years of exp erience in Language training for CAT aspirants and soft skills training.

Mrs. Gayathri Shankar - A post graduate from Bombay University (now Mumbai Unive rsity). She is actively involved in the field of education for almost 10 years now. Language training for CAT aspirants and soft skills training is her forte. Mr. Sumit Joshi - An NIT Nagpur alumnus with more than 7 years of experience in financial domain of IT organizations. He is an admired Math and LR trainer, S umit is involved in various stages of product development cycle of APART. Mr. Parimal Modi - With 14 years of industry experience and multiple senior leve l roles played with various organizations, he is equipped with ample tra ining experience in his arsenal. Ms. Vidhi Nawandar - 8 years of experience in Soft Skill, Aptitude, MBA Entrance (CAT, XAT, MAT, CET). Mr. Imran Khan - Armed with modern day technical knowhow, his expertise in data Interpretation and logical reasoning makes him an immaculate personal ity. He is the face Behind APART s robust back-end/IT support system. Mr. Imtiyaz S. Shaikh - Armed with a BE from VIT, Pune, he is a flamboyant Langu age and Soft skills trainer with multitude of experience from Hutchison, The Indian Express etc. Mrs. Devika Singh - Graduate in B. Com (Hons) from IP College (University of Del hi), PGDM-HR from BIMTECH with a CAT score of 91 percentile. Devika is an experienced professional from Training and Development Industry. Ms. Harleen Gill - Post Graduate in business management from PDIMTR, Nagpur. Har leen comes with an experience of 5 years from various industry segments. Mr. Raunak Shah - MBA (IBS Hyderabad). BE from CKP Surat. He is an Ex-IT profess ional with over 3 years of experience in Marketing and over 4 years of expe

rience in Quantitative training for CAT aspirants.

CORPORATE PROFILE: Born on February 22, 2011 in Pune, we have evolved as a professionally managed e ducation service provider with a team of dedicated professionals, educators and trainers. We have unmatched strengths in the field of providing training in competitive examinatio ns and conducting aptitude training programs. Our emphasis on streamlined and consistent operation s ensures student satisfaction, which has helped enhance us our brand image. Our systems, processe s, procedures and methods to ensure quality delivery to students have ensured a place of pride for APART team in the annals of best known engineering and MBA colleges in Pune. We have trained over 10000 students in past four years and hope to increase this number without losing focus on the quality of deliverables. Our team of highly qualified profes sional faculty ensures consistently high levels of student satisfaction leading to a positive word of m outh which, in turn, becomes our best brand ambassador. The intensive and result oriented classroom training sessions are a hallmark of APART's operations. Through highly developed and mature classroom teaching modules, we deliver knowl edge that is interesting as well as result-oriented. High levels of discipline, formal & stru ctured teaching methods, and the latest and best quality courseware add to the punch that our faculty mem

bers provide. Well researched and updated courseware and personal attention to all ensure high cust omer satisfaction levels.