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Script For ADR Exercise

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Script for ADR Exercise.

Harish – Counsel for trade union

Hastisha- treasurer of trade union

Goutham – senior employee

Vasanth – Union Leader

Abishek – Counsel for company

Nirmal – CA of Company

Sanjith – GM of Legal Department

Jeyadharen – Director of Company

*Company enters first, followed by labor union*

Introduction session:

Abishek: Gentlemen, my name is Abishek S, I am the counsel for the company with many years
of experience in conducting negotiation exercises, I take this opportunity to thank you gentlemen
for agreeing to this negotiation session. I hope we reach a fruitful settlement.

Vasanth (Refuses to make eye contact): A word of warning before we start Vakeel sir, if this
negotiation is not up to my satisfaction then I shall be dragging you lot to the court.

JD: We’ve barley started Mr. Vasanth…

Harish: Gentlemen lets calm down and collect our thoughts, why don’t we start with a formal
introduction of ourselves. I am the counsel for trade union, Harish, I have years of experience
participating in negotiation sessions and I specialize in labor laws, pleasure to have you
gentlemen on board. (Nods to Vasanth).

Vasanth: I am Vasanth, leader of the trade union, here to work in the best possible interest of the
employees and workers who were robbed of their employment and wages.

*JD: Rolls eyes*

Hastisha: I am hastisha treasurer for the trade union. (weak)

Nirmal: Can you please be louder Mr. hastihsa.

Hastisha: I lost my employment, and I am exhausted.


Gautham: I am gautham, a senior employee who has been working in this company for twenty
years and I’m here to express the plight of my fellow employees.

*Harish invites company to speak*

JD (Browses on phone): Jeyadharen, Director.

Nirmal: I am Nirmal, I am the chartered accountant of this company.

Sanjith: I am Sanjith C General Manager of the legal department.

Arguments starts:

Abishek: All right then, I shall first start by evaluating our current position. The Covid-19
pandemic has destroyed trade and commerce all over the world crippling national economy,
numerous companies were affected and our company is no exception, moreover, we are a private
concern which deals with logistics and shipping, having clients all over south-east Asia, the
pandemic and its damaging effects on the world’s trade resulted in irreversible damage to
MPCL’s business.

Sanjith: Moreover, the Ukraine conflict has resulted in a drastic increase in price of oil and gas
which has also affected the company in an unprecedented manner. We had no choice but to
terminate employment of a few employees in order to avoid closure of business.

Goutham: Now to move on to our side of the facts, the effects of the employment termination
has been tough on the employees and their respective families, the scope of getting employed in
another company narrows as every business day comes to an end, a few of the employees
including myself have been terminated are in debt and are struggling with urgent medical
expenses, moreover, the company has made a unilateral decision in contravention of a
government order.

Abishek: Thank you gentlemen, I shall start by listing out the objectives that the company seeks
to fulfill in this meeting, Mr JD is not ready to re-employ the employees who have been sent
away from the company-

Vasanth: Are you serious?

Harish: Mr. Vasanth let us hear them out.

Abi: Mr. Vasanth what I mean was, the company is in no position to reinstate the employees, we
have our hands tied, our bank account is running on fumes.

Vasanth: Fumes to fill your deep pockets Mr JD? JD looks up angrily.

Harish: Please proceed with your agenda Mr. Abishek.


Abishek: Thank you, next, the company is willing to offers attractive bonuses to the employees-

Harish: Bonus? Mr. Abishek all we ask for is regular, full wages.

Abishek: The company is in no position to pay full wages Mr. Harish.

Harish: and where does the bonus money come from?

Abishek: I’m sure you’re aware, bonus isn’t paid every month, I’ve spoken to Mr. Nirmal and
he says it’s possible that the company can still offer festival bonuses.

Hastisha: This is a complete joke Mr. Harish, might as well move on to the part where we sue
them.

Harish (waves hand dismissively): All right then, I’ll start with Mr. Vasanth’s claims against
the company. Firstly, all he asks for is reemployment of the employees and secondly, full,
regular wages as they were before the pandemic.

JD: No.

Harish: Mr. Jeyadharen?

JD: do I need to spell it out for you counsel? The company is in no position to reemploy them
nor is it ready to pay full wages.

Vasanth (Bangs on table): This is your loyal employee we’re talking about.

JD: I’m sorry Mr. Vasanth, but I have no time to teach you the art of managing a business, now
if you’ll excuse me, I have a company to run. (Gets up to leave, sanjith and nirmal join him).

Abishek: Mr Jeyadharen, please calm down, the session has barley started, let us see what we
can do. Mr. Harish, why don’t we start by reviewing our options?

Harish: All I see is the court in my sights.

Abishek: Now, now, you have to work with me.

Harish: Fine, Mr. Vasanth was very particular about 100% wages.

Vasnath: Very particular. (Poker face)

Harish (Shrugs): Of course, but since the company is on the brink of bankruptcy, perhaps, we
can bring it down to say…

Hastisha: Whose side are you on?

Harish: Mr. Hastisha, all I want to see is a win-win situation, I respect the process, as you
should.
Nirmal (nods): 75% seems very doable. (JD shrugs).

Goutham: Along with full reemployment of the employees you sent out.

Sanjith: I don’t see how that is possible.

Goutham: It should be, Mr. Sanjith, I’ve spent a long, long time in this company, all the
employees want is food on their table, they couldn’t care less about festival bonuses, a full
regular wage is all they ask for, which has been denied to us, so the least you can do is at least
employee all of us.

JD: Mr. Goutham, my hands are full with men from the bank, knocking on my door, threatening
me with legal action to shut down this company, I am trying my best to keep it alive, alive so at
least the rest of the employees can go home with full pockets.

Vasanth: Half pockets, how did you reduce our wages by 50%? You’ve also contravened a
government order which does not allow you to do it.

JD: Mr. Vasanth-

Harish: I was actually hoping to talk about that, how did you reduce the wages? And it looks
like it was a unilateral decision.

Abishek: Mr Jeyadharen was forced to take this decision to save the company.

Hastisha: That’s not convincing at all! Now if I may draw your attention to section 9A of
Industrial Disputes Act, it clearly states that the employees must be given prior notice before any
change is brought to the wages, I don’t think such notification was ever given.

Nirmal: Mr. Hastisha! These men aren’t workers, they’re earning quite a fortune when
compared to the minimum wages promised under the acts that you speak of, please look in to it,
50% of the wages is still higher than minimum wages notified by the government.

Hastisha: That does not change the fact that no notification was given.

JD: It was a decision taken during a desperate time Mr. Hastisha, we did not have time to think
about it.

Abishek: Mr. Hastisha, securing the position of the company was our top priority.

Goutham: Mr.Sanjith’s claim of the employees receiving a fortune is baseless; people out there
are struggling to feed their family Mr. Jeyadharen, one of the employees you fired has a dying
child lying in a hospital bed and your act of firing employees has not helped him.

JD: Mr. Goutham, I am helpless, all the examples you bring the table…are as helpless as I am.
The company is at the mercy of the pandemic as are you and I.
Harish: You know Mr. Jeyadharen, I fail to see how you company was ruined because of the
pandemic, affected, yes but completely out of business? I refuse to believe that.

JD: What do you mean?

Hastisha: You run a logistics company.

JD: I do, the end of trade has been the end of logistics, when my clients gave me no offers I
could not bring business to the table.

Hastisha: Mr. Vasanth, would you be kind enough to list the various trades that are undertaken
by the clients of our company.

Vasanth (Pulls out a paper): Very well. MPCL deals in the transportation of Fashion articles,
electronics, stationery, construction material, sports articles, fresh fruits and vegetables and
finally automobiles parts.

Hastisha: All of the items that your clients have dealt it in have been affected by the pandemic,
yes the company could have without doubt easily predicted the downfall of these markets.

JD: Your point being?

Harish: Mr. Hastisha means to say that MPCL could have looked for other alternatives, new
clients with businesses that would be indispensible even during the pandemic, transportation of
medicine, transportation of emergency food, clothing, and raw materials related to production of
essential worker equipments. You had so many options before you.

Nirmal: Easier said than done.

Harish: You wanted to run business, you look for it, the trade union has prepared an opening
with a pharmaceutical firm that would be of interest to the company.

JD: We do not have the facility to-

Vasanth: Then what do you suggest we do Mr. Director?

Abishek: Mr. Jeyadharen, I think we could look into this option.

JD: Mr. Abishek, I respect your opinion but-

Nirmal: With your permission Mr. Jeyadharen, I could pull some strings to bring in medical-
grade refrigerators.

*Everyone silently nods and mumbles* 60 seconds of discussion.

Harish: Now that is a good starting point don’t you think, the company can grow into this new
business. Now coming back to the point where we reinstate the workmen, immediately.
Sanjith: That is simply not possible Mr. Harish.

Hastisha: No, no, no, it should be.

Sanjith: Securing a new business as you’ve suggested will take weeks, even months Mr.
Hastisha, until that time the men cannot be employed.

Hastisha: In that case we have to act fast to bring in the equipment.

Nirmal: Who is ‘we’ Mr. Hastisha? It is the company which will deal with bringing in the newer
business and this ‘equipment’ you so casually speak of can cost crores. The company will have
to look for loans once again.

JD: Loans? LOANS? Are you crazy? At this stage dissolving the company sounds more
reasonable.

Vasanth: You can dissolve the company but I will not give up until I hold you accountable!

JD: Excuse me?

Abishek: Gentlemen, gentlemen we are finally making progress, let us not lose our sights on a
common agreement.

Goutham: You do not understand the seriousness of your rash decisions Mr. Jeyadharen,
families are suffering because of your incompetence and you are providing us unacceptable
reasons. What is one loan compared to the lives of several families?

Harish: I accept with Mr. Goutham, we need to immediately reinstate the employees, today!

Nirmal: It cannot be done Mr. Harish.

Hastisha: Mr. Harish, If I may.

Harish: Sure.

Hastisha: The company must reinstate the workmen into employment immediately, in return the
trade union will accept the lowered wages, these wages will be paid until business is revied and
once it is, 100% wages will be paid once again, but the employees are to be reemployed tonight.

Nirmal: Mr. Hastisha, I suggest you have a clear offer to make, what is it that the trade union
needs? Full employment or full wages.

Hastisha: There in no ‘or’ Mr. Nirmal, the employees will stay in the company, receive full
wages and after full business resumes, they will receive the reduced portion of wages with
interest.

Nirmal: With interest?


Harish: Yup, these fellas were out of employment for 8 months, don’t you think they deserve
better than that?

Abishek: You must have some legal courtesy.

Harish: you guys contravened legal requirements for a notice.

Hard Negotiation Starts

- Argument about legal notice


- Argument about company’s incompetence
- Argument about trade union not understanding seriousness of the pandemic
- Argument about pandemic being unpredictable
- Argument about employees struggling
- Argument once again about legal notice
- Did the pandemic give you a notice?
- Arguments repeat once again.
- I don’t think we’re getting anywhere
- Things are getting heated; we must discuss between ourselves.

Not giving notice is illegal.

Did you even listen to Mr. Nirmal? Company is on the verge of bankruptcy and you guys want
interest?

Mr. Goutham’s family is struggling to feed itself.

So is the whole nation D

We are not concerned with the nation; we care about the employees. L

I had to save company to feed the mouths of other employees. I took UTILITARIAN path. D

Jeyadhren’s incompetence resulted in the suffering of employees. L

You saying the employees thriving is insulting. L

Our company get more than salary under the bare minimum under the said acts. D

Jeyadharen has been giving more than what the employees deserve. D

If the company takes the decision the labor union wants, everyone will suffer, is that what you
want Mr. Vasanth? D
The company is not capable of understanding the situation of the employees, we have so many
medical commitments and we depend on company salary to pay these loans. L

Director: the gravity of the company situation is even heavier. What if the company gets
liquated? (D)

Employees not concerned with art of management. Only care about money (L)

How can a lawyer talk like this? Devoid of logic? D

You speak so much about notice, did the pandemic come with a notice? D

You do not have the rights to speak without proper legal temperament? D

You want to talk legal? Let’s go litigation! L

Please lets calm down L

We are calm you are aggravating the situation D

There were no job so we were forced to terminate them, in order to survive D

Do you even know how much we have been affected? D

Not all industries have been affected. L

Other industries are fast moving goods! D

So, change you line of business? L

We expected a profitable run D

Why are you stuck on this point of providing notice? D

We can just move on to court at this point. L

Are you trying to threaten us Mr. Harish? D

Its our right Mr. Nirmal. L

JD GIVES UP AND COMES TO A COMPROMISE

I can convert the status of retrenched employees to laid-off, and ill support them with
renumeration. But you should not expect festival wages, but this period is uncertain. D

We don’t need it! All we need is full wages. L


FULL WAGES! D

Not tempting offer, since period uncertain, can’t wait till end of pandemic. L

Company will go bankrupt if you give full wages. D

It will also be bankrupt if we sue you. L

Is will be a loss for you too if it goes bankrupt. D

How exactly is it a loss? It looks like the court has more to offer than you guys. L

THINGS ARE HEATED TO WE DISCUSS AND MAKE OFFERS

Mumbling for 60 seconds.

Offer exchange

Labour: 45 men reemployed with 90% wages.

Director: 10 members with 60% of wages.

Labour: ok lets work with 10 employees, 10 employees in a phased manner.

Director: phased manner?

Labour: are you suggesting the pandemic will end in weeks or two months?

Director: This is not fair!

Labour: Ok what are you finally suggesting?

Director: ok then 15 members with 65% wages.

GOUTHAM HITS HEAD GETS UP FOLDS HANDS AT VASANTH AND LEAVES

Labour: This is disappointing Mr. Abishek, finally Vasanth feels at least 30 people are workable.

Director: we are still cutting costs.

Director: ok FINAL OFFER! 25 men with 75% wages!

Labour: I don’t think we can work with this!

Director: An increase in number can affect the company.

Labor: Vasanth discusses with hastisha and nods in disagreement with harish.

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