Decision of the Union of India Essay

The validity of the decision of the Union of India to disinvest and transfer 51% shares of M/s. Bharat Aluminium Company Limited (hereinafter referred to as ‘BALCO’) is the primary issue in these cases. BALCO was incorporated in 1965 as a Government of India Undertaking under the Companies Act, 1956. Prior to its disinvestment it had a paid-up share capital of Rs.488.85 crores which was owned and controlled by the Government of India. The company is engaged in the manufacture of aluminium and had plants at Korba in the State of Chhattisgarh and Bidhanbag in the State of West Bengal. The Company has integrated aluminium manufacturing plant for the manufacture and sale of aluminium metal including wire rods and semi- fabricated products. The Government of Madhya Pradesh vide its letter dated 18th March, 1968 wrote to BALCO stating that it proposed that land be granted to it on a 99 years lease subject to the terms and conditions contained therein. The letter envisaged giving on lease Government land on payment of premium of Rs.200/- per acre and, in addition thereto also to provide tenure land which was to be acquired and transferred on lease to BALCO on payment by it the actual cost of acquisition plus annual lease rent. Vide its letter dated 13th June, 1968 BALCO gave its assent to the proposal contained in the aforesaid letter of 18th March, 1968 for transfer of land to it. BALCO intimated by this letter that the total requirement of land would be about 1616 acres. Thereafter, in addition to the Government land which was transferred, the Government of Madhya Pradesh acquired land for BALCO under the provisions of the Land Acquisition Act, 1894 on payment of compensation. The District Collector, Bilaspur also granted permission under Section 165(6) of the M.P. Land Revenue Code, 1959 for acquiring/transferring private land in favour of BALCO. As a result of the aforesaid, BALCO set up it’s establishment on it’s acquiring land from and with the help of the State Government. Since 1990-91 successive Central Government had been planning to disinvest some of the Public Sector Undertakings. In pursuance to the policy of disinvestment by a Resolution dated 23rd August, 1996 the Ministry of Industry (Department of Public Enterprises) Government of India constituted a Public Sector Disinvestment Commission initially for a period of three  years. The Resolution stated that this Commission was established in pursuance of the Common Minimum Programme of the United Front Government at the Centre. The Commission was an independent, non-statutory advisory body and was headed by Shri G. V. Ramakrishna who was to be its Full-time Chairman. The Commission had four part-time Members. Paras 3, 4 and 5 of the said Resolution are as follows: – â€Å"3. The broad terms of reference of the Commission are as follows: I. To draw a comprehensive overall long term disinvestment programme within 5-10 years for the PSUs referred to it by the Core Group. II. To determine the extent of disinvestment (total/partial indicating percentage) in each of the PSU. III. To prioritise the PSUs referred to it by the Core Group in terms of the overall disinvestment programme. IV. To recommend the preferred mode(s) of disinvestment (domestic capital markets/international capital markets/auction/private sale to identified investors/any other) for each of the identified PSUs. Also to suggest an appropriate mix of the various alternatives taking into account the market conditions. V. To recommend a mix between primary and secondary disinvestments taking into account Government’s objective, the relevant PSUs funding requirement and the market conditions. VI. To supervise the overall sale process and take decisions on instrument, pricing, tim ing, etc. as appropriate. VII. To select the financial advisors for the specified PSUs to facilitate the disinvestment process. VIII. To ensure that appropriate measures are taken during the disinvestment process to protect the interests of the affected employees including encouraging employees’ participation in the sale process. IX. To monitor the progress of disinvestment process and take necessary measures and report periodically to the Government on such progress. X. To assist the Government to create public awareness of the Government’s disinvestment policies and programmes with a view to developing a commitment by the people. XI. To give wide publicity to the disinvestment proposals so as to ensure larger public participation in the shareholding of the enterprises; and XII. To advise the Government on possible capital restructuring of the enterprises by marginal investment, if required, so as to ensure enhanced realisation through disinvestment. 4. The Disinvestment Commission will be advisory body and the Government will take a final decision on the companies  to be disinvested and mode of disinvestment on the basis of advice given by the Disinvestment Commission. The PSUs would implement the decision of the Government under the overall supervision of the Disinvestment Commission. 5. The Commission while advising the Government on the above matters will also take into consideration the interests of stakeholders, workers, consumers and others having a stake in the relevant public sector undertakings.† It may here be noted that by a Resolution dated 12th January, 1998 the earlier Resolution of 23rd August, 1996 was partly modified with deletion of paras 3, 4 and 5 and by substitution of the same by the following: â€Å"3(i) The Disinvestment Commission shall be an advisory body and its role and function would be to advise the Government on Disinvestment in those public sector units that are referred to it by the Government. 3(ii) The Commission shall also advise the Government on any other matter relating to disinvestment as may be specifically referred to it by the Government, and also carry out any other activities relating to disinvestment as may be assigned to it by the Government. 3(iii) In making its recommendations, the Commission will also take into consideration the interests of workers, employees and others stake holders, in the public sector unit(s). 3(iv) The final decision on the recommendations of the Disinvestment Commission will vest with the Government.† According to the Union of India, it laid down the broad procedures to be followed for processing the recommendations of the Disinvestment Commission. It was, inter alia, decided that : i. The Ministry of Finance (now Department of Disinvestment) would process the recommendations of the Disinvestment Commission, by inviting comments from the concerned administrative machinery; ii. Submit the recommendations to the Core Group of Secretaries for Disinvestment for consideration; iii. The recommendations of the Core Group of Secretaries would then be taken to Cabinet for decision; iv. It was also decided that the Core Group of Secretaries would be headed by the Cabinet Secretary and its permanent members would be Finance Secretary, Revenue Secretary, Expenditure Secretary, Secretary Department of Public Enterprises, Secretary Planning Commission and Chief Economic Advisor, Ministry of Finance, and v. To implement the decisions, an Inter-Ministerial  Group headed by the Secretary/Joint Secretary of the Administrative Ministry and consisting of Joint Secretaries of Department of Economic Affairs, Department of Public Enterprises, alongwith the Chairman and Managing Director of the Companies as Members and Director (Finance) of the company as the Convenor. In case of BALCO, the IMG consisted of Secretary level Officers and was headed by Secretary (Mines). On 10th December, 1999 the Department of Disinvestment was set up and the responsibilities which were earlier assigned to the Ministry of Finance have now been transferred to this Department. The Disinvestment Commission in its 2nd Report submitted in April, 1997 advised the Government of India that BALCO needed to be privatised. The recommendation which it made was that the Government may immediately disinvest its holding in the Company by offering a significant share of 40% of the equity to a strategic partner. The Report further advised that there should be an agreement with the selected strategic partner specifying that the Government would within two years make a public offer in the domestic market for further sale of shares to institutions, small investors and employees thereby bringing down its holding to 26%. The Commission also recommended that there should be an on-going review of the situation and the Government may disinvest its balance equity of 26% in full in favour  of investors in the domestic market at the appropriate time. The Commission had recommended the appointment of a Financial Advisor to undertake a proper valuation of the company and to conduct the sale process. The Commission had categorised BALCO as a non-core group industry. The Chairman of the Disinvestment Commission wrote a letter dated 12th June, 1998 to the Secretary, Ministry of Mines, Government on India drawing the Government’s attention to the recommendation of the Commission for sale of 40% of equity in BALCO and to bringing down of the Government holding to 26% within two years. This letter then referred to the 5th Report of the Commission wherein it had reviewed the question of strategic sale and had suggested that the Government may keep its shareholding below the level of investment being offered by the strategic buyer and its divesting some portion of equity to other entities. This letter noted that in these circumstances, it may be difficult to get in a multilateral financial institution to act fast in  taking up share of BALCO. The Chairman of the Commission then recommended that â€Å"in keeping with the spirit of the recommendations of the 5th Report, you may now kindly consider offering 51% or more to the strategic buyer along with transfer of management. This sale will enable a smooth transaction with the participation of more bidders and better price for the shares. This will also be in keeping with the current policy as announced by the FM in his recent budget speech†. The Cabinet Committee on Economic Affairs had, in the meantime, in September 1997 granted approval for appointment of a technical and financial advisor, selected through a competitive process, for managing the strategic sale and restructuring of BALCO. Global advertisement was then issued inviting from interested parties Expression of Interest for selection as a Global Advisor. The advertisement was published in four financial papers in India and also in ‘The Economist’, a renowned financial magazine published abroad. Eight Merchant Banks showed their interest in appointment of the Global Advisor. The lowest bid of M/s. Jardine Fleming Securities India Ltd. was accepted and approved by the Cabinet Committee on Disinvestment on 9th March, 1999. The Cabinet Committee on Disinvestment also approved the proposal of strategic sale of 51% equity in respect of BALCO. The decision of the Government to the aforesaid strategic sale was challenged by the BALCO Employees’ Union by filing Writ Petition No. 2249 of 1999 in the High Court of Delhi. This petition was disposed of by the High Court vide its order dated 3rd August, 1999. On 3rd March, 2000, the Union Cabinet approved the Ministry of Mines’ proposal to reduce the share capital of BALCO from Rs.488.8 crores to Rs.244.4 crores. This resulted in cash flow of Rs.244.4 crores to the Union Government in the Financial Year 1999-2000. A formal Agreement between Jardine Fleming, the Global Advisor and the Government of India was executed on 14th June, 2000. The Scope of work of the Global Advisor, inter alia, included the development, updating and review of a list of potential buyers of the stake; preparing necessary documents; assisting the Government of India in sale negotiations with potential buyers and to advise on the sale price; to coordinate and monitor the progress of the transaction until its completion. Thereafter, on 16th  June, 2000 the Global Advisor, on behalf of the Government of India, issued an advertisement calling for â€Å"Expression of Interest† in leading journals and newspapers such as the Economist, London, the Mining Journal, London, the Economic Times, India, Business Standard, India and the Financial Express, India. The invitation was to Companies and Joint Ventures which may be interested in acquiring 51% shares of the Government of India in BALCO. The last date for submitting the expression of interest was 30th June, 2000 and the interested companies were required to submit their expression of interest together with their Audited Annual Reports and a profile describing their business and operations. Eight companies submitted their Expression of Interest. These companies were as follows: â€Å"i. Sterlite Industries (India) Ltd. ii. Hindalco Industries Ltd. iii. Tranex Holding Inc. iv. Indian Minerals Corporation Plc. v. VAW Aluminium AG, Germany vi. ALCOA, USA vii. Sibirsky, Russia viii. MALCO† M/s. Jardine Fleming, Global Advisor made an analysis of the various bids on the basis of the financial and technical capability, familiarity with India and overall credibility. Thereupon two companies, namely, Indian Minerals Corporation Plc. and Tranex Holding Inc. were rejected. The Inter-Ministerial Group (hereinafter referred to as IMG) set up by the Union of India, accepted the expression of interest of six out of eight parties and it also decided that the bids of Sterlite and MALCO be treated as one. Thus there remained five prospective bidders but two, namely, VAW Aluminium AG, Germany and Sibirsky, Russia dropped out and the remaining three, namely, ALCOA, USA Hindalco and Sterlite conducted due diligence (inspection) on BALCO between September to December, 2000. The IMG considered the drafts of the Shareholders’ Agreement and the Share Purchase  Agreement and had discussions with three prospective bidders and ultimately the said drafts were finalised on 11th Januar y, 2001. For the purpose of carrying out the asset valuation of BALCO, the Global Advisor shortlisted four parties from the list of Registered Government Valuers approved by the Income-Tax Department. On 18th January, 2001, BALCO invited quotations from the four Registered Valuers, so short listed, and the quotation of Shri P. V. Rao was accepted. Shri P. V. Rao was a registered valuer of immovable property and his team mates were Government Registered Valuers authorised to value plant and machinery. They were assisted in the work of valuation by officers of the Indian Bureau of Mines for assessing the values of existing mines. Pending the receipt of the valuation report from Shri P. V. Rao, the Global Advisor on 8th February, 2001 requested the three bidders to submit their financial bids alongwith other necessary documents by 15th February, 2001, which was later extended by one day. On 14th February, 2001 Shri P. V. Rao submitted his asset valuation report to M/s. Jardine Fleming. On 15th February, 2001, an Evaluation Committee headed by the Additional Secretary (Mines) was constituted. This Committee was required to fix the reserve price of 51% equity of BALCO which was to be sold to the strategic party. The three contenders, namely, Alcoa, Hindalco and Sterlite Industries Ltd. submitted their sealed bids to the Secretary (Mines) and Secretary (Disinvestment) on 16th February, 2001. It is thereafter, that M/s. Jardine Fleming presented its valuation report together with the asset valuation done by Shri P. V. Rao to the Evaluation Committee to work out the reserve price. The range of valuation of BALCO that emerged on various methodologies was as follows:- (i) Discounted Cash Flow – Rs. 651.2 – 994.7 crores (ii) Comparables – Rs. 587 – 909 cores (iii) Balance Sheet – Rs. 597.2 – 681.9 crores Thus, the range of valuation by all these methods came between Rs.587 and Rs.995 crores for 100% of the equity. Ipso facto, for 51% of the equity, the range of valuation came out as Rs.300 to Rs.507 crores. The Evaluation Committee then deliberated on the various methodologies and concluded, as  per the affidavit of the Union of India, that the most appropriate methodology for valuing the shares of a running business of BALCO would be the Discounted Cash Flow method. It decided to add a control premium of 25% on the base value of equity (although the Advisor had viewed that the premium should range between 10-15%) and then add the value of non-core assets to arrive at a valuation of Rs.1008.6 crores for the company as a whole, 51% of which amounts of Rs.514.4 crores which was fixed as the Reserve Price. According to the respondents, the Evaluation Committee felt that Asset Valuation Report appeared to have over valued the fixed assets of the company at Rs.1072.2 crores. The committee further observed that the fixed asset valuation method was only a good indicator of the value that could be realised if the business was to be liquidated, rather than for valuing the business as a going concern. Furthermore, the asset valuation method did not take into  account the liabilities and contingent liability that go with the business. When the financial bids were opened, it was found that the bid of Sterlite Industries was the highest at Rs.551.5 crores, the bid of Hindalco was Rs.275 crores while ALCOA had opted out. The report of the Evaluation Committee for acceptance of the bid which was higher than the reserve price was considered by the IMG which recommended the acceptance of the bid of Sterlite Industries to the core group of Secretaries. This core group in turn made its recommendation to the Cabinet Committee on Disinvestment which on 21st February, 2001 approved/accepted the bid of Sterlite Industries at Rs.551.5 crores. The Government’s decision was communicated to Sterlite Industries on that date. The announcement of the decision to accept the bid of Sterlite Industries led to the initiation of legal proceedings challenging the said decision. On 23rd February, 2001 Dr. B. L. Wadhera filed Civil Writ Petition No. 1262 of 2001 in the Delhi High Court. This was followed by Writ Petition No. 1280 of 2001 filed by the employees of BALCO on 24th February, 2001 also in the High Court of Delhi. On that very date, i.e., on 24th February, 2001 another employee of BALCO, namely, Mr. Samund Singh Kanwar filed Civil Writ Petition No. 241 of 2001 in the High Court of Chhattisgarh. While the aforesaid writ petitions were pending there was a Calling Attention Motion on Disinvestment with regard to BALCO in  the Rajya Sabha. Discussions on the said motion took place in the Rajya Sabha on 27th February, 2001 and the matter was discussed in the Lok Sabha on 1st March, 2001. The motion â€Å"that this House disapproves the proposed disinvestment of Bharat Aluminium Company Ltd.† was defeated in the Lok Sabha by 239 votes to 119 votes. Soon thereafter on 2nd March, 2001, Shareholders Agreement and Share Purchase Agreement between the Government of India and Sterlite Industries Limited were signed. Pursuant to the execution of sale, 51% of the equity was transferred to Sterlite Industries Limited and a cheque for Rs.551.5 crores was received. It is not necessary to refer to the terms of the agreement in any great detail except to notice a few clauses which pertain to safeguarding the interest of the employees of the company. Clauses H and J of the preamble reads as follows : â€Å"H. Subject to Clause 7.2, the Parties envision that all employees of the Company on the date hereof shall continue in the employment of the Company. J. The SP recognises that the Government in relation to its employment policies follows certain principles for the benefit of the members of the Scheduled Caste/Scheduled Tribes, physically handicapped persons and other socially disadvantaged categories of the society. The SP shall use its best efforts to cause the Company to provide adequate job opportunities for such persons. Further, in the event of any reduction in the strength of the employees of the Company, the SP shall use its best efforts to ensure that the physically handicapped persons are retrenched at the end.† Clause 7.2 which contains the Representations, Warranties and Covenants of M/s. Sterlite Industries is as follows: â€Å"The SP represents and warrants to and covenants with each of the Government and the Company that: (a) it has been duly incorporated or created and is validly subsisting and in good standing under the laws of the jurisdiction indicated in the preamble to this Agreement; (b) it has the corporate power and authority to enter into and perform its obligations under this Agreement; (c) this Agreement has been duly authorised, executed and delivered by it and constitutes a valid and binding obligation enforceable against it in accordance with its terms; (d) it is not a party to, bound or affected by or subject to any indenture,  mortgage, lease agreement, instrument, charter or by-law provision, statute, regulation, judgment, decree or law which would be violated, contravened, breached by or under which default would occur or under which any payment or repayment would be accelerated as a result of the execution and delivery of this Agreement or the consummation of any of the transactions provided for in this Agreement. (e) Notwithstanding anything to the contrary in this Agreement, it shall not retrench any part of the labour force of the Company for a period of one (1) year from the Closing Date other than any dismissal or termination of employees of the Company from their employment in accordance with the applicable staff regulations and standing orders of the Company or applicable Law; and (f) Notwithstanding anything to the contrary in this Agreement, but subject to sub-clause (e) above, any restructuring of the labour force of the Company shall be implemented in the manner recommended by the Board and in accordance with all applicable laws. (g) Notwithstanding anything to the contrary in this Agreement, but subject sub-clause (e) above, in the event of any reduction of the strength of the Company’s employees the SP shall ensure that the Company offers its employees, an option to voluntarily retire on terms that are not, in any manner, less favourable than the  voluntary retirement sch eme offered by the Company which is referred to in Schedule 7.4 of the Share Purchase Agreement; and (h) It shall vote all the voting equity shares of the Company, directly or indirectly, held by it to ensure that all provisions of this Agreement, to the extent required, are incorporated in the Company’s articles of association.† With the filing of the writ petitions in the High Court of Delhi and in the High Court of Chhattisgarh, an application for transfer of the petitions was filed by the Union of India in this Court. After the notices were issued, the company received various notices from the authorities in Chhattisgarh for alleged beach of various provisions of the M. P. Land Revenue Code and the Mining Concession Rules. Some of the notices were not only addressed to the company but also to individuals alleging violation of the provisions of the code and the rules as also encroachment having taken place on Government land by BALCO. This led to the filing of the Write Petition No. 194 by BALCO in this court, inter alia, challenging the validity of the said notices. During the  pendancy of the writ petition, the workers of the company went on strike on 3rd March, 2001. Some interim orders were passed in the transfer petition and subsequently on 9th May, 2001 the strike was called off. By Order dated 9th April, 2001, the writ petitions which were pending in the High Court of Delhi and Chhattisgarh were transferred to this Court being Transfer Case No. 8 of 2001 which pertains to the writ petition filed by BALCO Employees’ Union; Transfer Case No. 9 of 2001 pertains to the writ petition filed by Dr. B. L. Wadhera in the Delhi High Court and Transfer Case No. 10 of  2001 is the writ petition filed by Mr. Samund Singh Kanwar in the High Court of Chhattisgarh. On behalf of the BALCO Employees’ Union, Shri Dipankar P. Gupta, learned senior counsel submitted that the workmen have been adversely affecte d by the decision of the Government of India to disinvest 51% of the shares in BALCO in favour of a private party. He contended that before disinvestment, the entire paid-up capital of BALCO was owned and controlled by the Government of India and it’s administrative control co-vested in the Ministry of Mines. BALCO was, therefore, a State within the meaning of Articles 12 of the Constitution. Reliance for this was placed on Ajay Hasia and Others vs. Khalid Mujib Sehravardi and Others, (1981) 1 SCC 722; Central Inland Water Transport Corporation Limited and Another Vs. Brojo Nath Ganguly and Another, (1986) 3 SCC 156. He also contended that by reason of disinvestment the workmen have lost their rights and protection under Articles 14 and 16 of the Constitution. This is an adverse civil consequence and, therefore, they had a right to be heard before and during the process of disinvestment. The type of consultation with the workmen which was necessary, according to Shri Dipankar P. Gupta, was whether BALCO should go through the process of disinvestment; who should be the strategic partner; and how should the bid of the strategic partner be evaluated. Referring to the averment of Union of India to the effect that interest of the employees has been protected, Shri Dipankar P. Gupta, submitted that in fact there was no effective protection of the workmen’s interest in  the process of disinvestment. He further submitted that the workmen have reason to believe that apart from the sale of 51% of the shares in favour of Sterlite Industries the Agreement postulates that balance 49% will also be  sold to them with the result that when normally in such cases 5% of the shares are disinvested in favour of the employees the same would not happen in the present case. Reliance was placed on the decision of National Textile Workers’ Union and Others vs. P.R. Ramakrishnan and others, (1983) 1 SCC 228 and it was also contended that even though there may be no loss of jobs in the present case but the taking away of the right or protection of Articles 14 and 16 is the civil consequence and, therefore, the workmen have a right to be heard. It was submitted that such rights and benefits are both procedural as well as substantive. Procedural benefits and rights includes the right to approach High Court under Article 226 of the Constitution and this Court under Article 32 of the Constitution in the event of violation of any of their rights. This is a major advantage since it is a relatively swift method of redressal of grievances which would not be available to employees of private organisations. Instances were given of the substantive rights which flow from Articles 14 and 16 like, right to equality, equal pay for equal work, right to pension including the principle that there can be no discrimination in the matter of granting or withholding of pension vide Bharat Petroleum (Erstwhile Burmah Shell) Management Staff Pensioners vs. Bharat Petroleum Corporation Ltd. and Others, (1988) 3 SCC page 32), right to inquiry and reasons before dismissal etc. The aforesaid contentions of Shri Gupta were supported by Shri G. L. Sanghi and Shri Ranjit Kumar, senior counsel, appearing for some of the Unions who were interveners in the writ petition filed by BALCO Employees’ Union. He submitted that the workers should have been heard at different stages during the process of disinvestment, the manner in which views may be invited and evaluated by the Government; the method of evaluation; the factors to be taken into consideration and the choice of the strategic partner; the terms and conditions under which the strategic partner will take over the employment of the workers and the terms and conditions of the Share Holders Agreement are the stages in which the workers should have been heard and consulted. It was submitted that the decision of the Delhi High Court of 3rd August, 1999 does not come in the way of these contentions being raised inasmuch as the petition at that time was regarded as premature and the order which was passed actually preserves the workers’ rights to raise the  contention in future. Reiterating these contentions Shri Ravindra Shrivastava, learned Advocate General, State of Chhattisgarh submitted that the State does not challenge the policy of disinvestment per se on principle as a measure of socio-economic reform and for industrial well being in the country. He however, contended that the implementation of the policy of disinvestment in the present case, has failed to evolve a comprehensive package of socio-economic and political reform and to structure the decision making process so as to achieve in a just, fair and reasonable manner, the ultimate goal of the policy and that the interest  of the workers in the industrial sector cannot be undermined and, therefore, any decision which was likely to affect the interest of the workers and employees as a class as a whole cannot and ought not to be taken to the exclusion of such class, lest it may be counter productive. He contended that the Disinvestment Commission had recommended that some percentage of equity share may be offered to the workers to solicit their participation in the enterprise and which would go a long way in proving the disinvestment plan meaningful and successful. In this regard, it was not shown from any material or record that the Government of India had at any stage addressed itself to this vital aspect of the disinvestment process or had taken into consideration the likely repercussions on the interest, right and status of the employees and workers. This non-consideration indicates that there has been an arbitrariness in not taking into consideration relevant facts in the decision making process. It is further contended that the impugned decision defeats the provisions of the M.P. Land Revenue Code and goes against the fundamental basis on which the land was acquired and allotted to the company. Implicit in the submissions on behalf of the employees is the challenge to the decision to disinvest majority of the shares of BALCO in favour of Sterlite Industries Limited. The first question, therefore, which would arise for consideration, is whether such a decision is amenable to judicial review and if so within what parameters and to what extent. On behalf of the Union of India, the Attorney General submitted that since 1990-91 successive Governments have gone in for disinvestment. Disinvestment had become imperative both in the case of Centre and the States primarily  for three reasons. Firstly, despite every effort the rate of returns of governmental enterprises had been woefully low, excluding the sectors in which government have a monopoly and for which they can, therefore, charge any price. The rate of return on central enterprises came to minus 4% while the cost at which the government borrows money is at the rate of 10 to 11%. In the States out of 946 State level enterprises, about 241 were not working at all; about 551 were making losses and 100 were reported not to be submitting their accounts at all. Secondly, neither the Centre nor the States have resources to sustain enterprises that are not able to stand on their own in the new environment of intense competition. Thirdly, despite repeated efforts it was not possible to change the work culture of governmental enterprises. As a result, even the strongest among them have been sinking into increasing difficulties as the environment is more and more competitive and technological change has become faster. In support, the Solicitor General submitted that the challenge to the decision to disinvest on the ground that it impairs public interest, or that it was without any need to disinvest, or that it was inconsistent with the decision of the Disinvestment Commission was untenable.

American History Paper

There is near consensus that the polarization of the United States, into South and North, which eventually lead to the American Civil War was caused by slavery (Hutchison, 2003). The argument that has taken currency on this issue is that the Southerners were fighting for the perpetuation of slavery while the Northerners had taken the moral high ground of ending it. However, the two respective stands taken by these two groups smacks of self-centeredness (Hutchison, 2003).First, the Southern States were using the equality of all citizen in the United States as a scapegoat to support the continuation of slavery because their economic prosperity was dependent on slavery while their northern compatriots supported its abolition not because they did not benefit economically from it but because they never wanted the Southerners to share in those benefits emanating from slavery, that is why they used the excuse of criminalizing any expansion on slavery in the territories that had been acquire d from Mexico while not including their territory (North) in that abolition.Because of this discord between these two regions a number of compromises were brokered the most popular being the 1850 compromise. However, there reached a time when not even the 1850 compromise could hold on, that is when the union eventually broke asunder. Now that the 1850 compromise had failed to contain the South and the North territories from engaging in the debate on slavery, another solution had to be sort in order to reduce hostility between these two territories. This is how the Kansas-Nebraska bill came to being.Therefore the Kansas-Nebraska bill can be looked on as another compromise brokered after the failure of a previous compromise (1850 compromise). Why the Kansas-Nebraska bill succeeded for some time where the 1850 compromise failed was because while it kind of tried to end slavery in the Southern as was being propagated by the Northerners the Kansas-Nebraska bill gave the Southerners a say in making that decision which they exercised by voting for the continuation of slavery in their territory which was against the wishes of the northerners (WikiAnswers, 2009).By giving the Southerners the power to solely decide on this explosive matter of slavery, this bill declared the 1850 compromise null and void thereby watering down the advances that had been made by the 1850 compromise in ending slavery which even president Abraham Lincoln conceded was an evil enterprise. It should also be noted that the compromise of 1850 was reached by the representative of the Southern and Northern States while Kansas-Nebraska bill though passed by congress which is another representative assembly gave people from the respective regions the sovereign power to decide on the right to own slave.Another important point to note about the two is that they were both premised on the need to bring peaceful coexistence between the two territories in a larger union although both only succeeded in furt her dividing them (Hutchison, 2003). It can also be argued that by giving the two territories the power to vote separately on this issue of slavery, the Kansas-Nebraska bill made any effort at unity futile. That is why the Southerners found no fault in the bill while the Northerners were extremely outraged by it content.The 1850 compromise just like a number of compromises that had been struck prior to it had succeeded in maintaining a semblance of peaceful coexistence although there was inner rage which was building in each of the territories which is why eventually both territories decided enough is enough and maintenance of the status quo became untenable (Hutchison, 2003). First, the 1850 compromise was unable to address exhaustively the issue of slavery which was the explosive issue that was the subject of the discontentment from both sides.This was because it created an environment of suspicion on both territories each not sure whether their demand had been met by the compromi se. For instance, the Southerners after years of being treated as second class citizen by their Northern compatriot believed that the 1850 compromised was a perpetuation of that bigotry while the Northerners who all through had been used to dictating terms to their Southern compatriots did not see a reflection of that superiority in the 1850 compromise. The Kansas-Nebraska bill on the other hand might have made a mark in enhancing the equality of people from both territories.However it neither anticipated nor addressed the resistance that the Northerners would have most definitely put against any effort towards equalizing them with the southern compatriots whom they had all through considered inferior when it came to the enjoyment of rights. Being a product of legislation from a representative assembly, the Kansas-Nebraska bill was a democratic instrument unlike the 1850 compromise that was just a product of the deliberation of a skewed representation forum which is probably why it was viewed by the Southerners with suspicion.This bills also failed to the test of pragmatism in that it failed to appreciate the fact that the Southerner would obviously vote for slavery which was increasing being viewed as an infringement of the people’s right (slaves), this is one of the reason why it did not hold water for much longer despite the fact that it gave people from both territory a right to influence decisions at the national level.References Hutchison, E. Craig, (2003). The civil war: Why? – Compare and Contrast. Retrieved 23 July 2010 from

Letter to Senator About Smoking Ban

Dale Schultz Senator 17th Senate District Room 122 South State Capitol P. O. Box 7882 Madison, WI 53707-7882 Dear Mr. Schultz, My name is Juan Jimenez, I have been a citizen and active voter of Wisconsin for over 8 years now, and while I may not agree with some of the states past decisions, I do commend the job you and your colleagues have done. That being said, I am writing in regards to the public smoking ban that the state legislation committee is currently considering. I, and many others like me, do not support this proposed bill and I will tell you why. I do agree that a smoking ban is reasonable in some places. Between the age of most students and the declined health of hospital patients, it makes sense to ban smoking in the areas of schools and hospitals. I will also agree that smoking in a restaurant is something most everyone looks ill upon. Now bars, on the other hand, are a different story. According to taxpolicycenter. org, Wisconsin collects over 50 million dollars annually in alcohol tax revenues. Many of the bars that those taxes come from have a majority of patrons who enjoy smoking while they relax and have a drink. If they are no longer allowed to smoke in their local bar, they may just stay home, which results in lost income for local businesses, as well as, lost tax revenue for the state. As far as banning smoking in front of public building entrances, I agree due to the fact that people have to enter and exit through there. However, parking lots and parking garages offer a wide area of outdoor air and space. It’s not inconceivable that one who doesn’t want to smell smoke would quite easily be able to avoid such encounters. Having a mandatory smoking area a set distance from entrances makes sense. 1000 feet away, however, is an xtremely ridiculous proposal. Ultimately, this is about the freedom of choice and ones right to exercise that freedom. If smoking in public can be reasonably regulated, then non-smokers and smokers would be able to enjoy the same rights of choice. You, Mr. Schultz, as an elected official, must look out for all of your constituent’s freedoms. This c urrent government has far more important matters to focus time and energy toward, like our economy and the massive overspending that has become commonplace. I would like to see you take action against such frivolous rule making and vote no. Thank you for your support. Sincerely,

This is a media analysis assessment (report format). The assessment Assignment

This is a media analysis assessment (report format). The assessment topic will be sent by file .pdf - Assignment Example The country produces readily available fresh produce with most of the population residing along areas near or at the coast, such areas posses popular fish and seafood cuisines, in contrast with the other temperate regions of Australia that eat foods according to the season such as rhubarb, zucchini and asparagus commonly eaten during spring. For example Tetsuya restaurant rated as one of Australias best restaurant’s provides a difusion of Asian and western cuisines based on both Japanese and French preparation techniques served in its Japanese garden setting. In addition restaurants like Lagoon Seafood restaurant provide unforgettable seafood dining experienced of fresh sea foods like prawn and Queensland’s crabs. Australia has the third largest fishing zone in the world with plentiful access to seafood’s such as prawn, salmon, lobster and tuna and 60 other species. The Australian cuisine contains seafood varieties such as King George whiting, Jew fish and yabby. Fish and chips consisting of deep fried fish and chips are yet another popular fast food that originated from the United Kingdom and continues to remain popular. On top of seafood cuisines, tourists have the luxury of enjoying aqua marine based sports such as fish sporting of the Barramundi specie and Flathead fish that are popular sports and table fish all over Australia. Australias wine industry ranks as the fourth top global wine exporter contributing 760 million liters’ of wine to the global industry, every state in Australia produces wine mainly in the southern parts of the country like New South Wales, Victoria and Western Australia. Famous wine districts like Hunter Valley with producers like Rosemount and Lindemans attracting local and international tourists in addition, beer is also popular with prominent brands like Fosters which is commanding global

Long paper Essay Example | Topics and Well Written Essays - 1750 words

Long paper - Essay Example tific realism provides a cause effect relationship that helps to substantiate their way of reasoning, hence providing an efficient way of explaining physical phenomena. From a critical point of view, scientific modeling and existence of different experimental approaches provides cohesive formulas that can explain scientific phenomena. As a result, scientific theories have found their way in defining different situations that no other school of thoughts can explain. Therefore, the logical nature of scientific realism has made it more applicable in defining scientific phenomena in the contemporary world. The argument is that modeling and experimentation makes scientific realism a compelling approach despite the existence of false assumptions in development of scientific theories. Scientific realism is one of the traditional schools of thought that seek to explain the truth about complex phenomena of the world. The main tenet of scientific realism is that scientific theories, in a great way, provide factual and truthful information on the nature of the world. Notably, scientific theories have provided reliable explanation on complex phenomena from the way atoms behave to the way they the different elements of the world behave. Scientists have engaged in a wide range of activities including observation, experimentation and modeling to explain the nature of the world. History has defined the variation of theories and progressive scientific innovation. Recently, there has been an upsurge of criticism of the scientific approach as many authors’ expose different sides of the same coin (Boyd 54). While a number feel that these theories are reliable in explaining different situations, others view them as inferior and subject to manipulation. The opponents of these ideas state that scientific realism is subject to manipulation and that it fails to stand the test of time. The fact science leaves room for theoretical expansion has been exploited as a weakness of this idea of

Writing Assignment 4 Essay Example | Topics and Well Written Essays - 500 words

Writing Assignment 4 - Essay Example The biblical view presented in Deut 28, epitomizes about benediction for obedience and curses of disobedience to the supreme power, the God as it quotes, â€Å"And all these blessings shall come on thee, and overtake thee, if thou shalt hearken unto the voice of the LORD thy God† (NIV28.2). The metaphysical view in this verse discloses about an individual’s receiving blessing from the LORD for being obedient by following his directed commands (Biblical gateway, â€Å"Deuteronomy 28-30†). Specifically, when giving an explanation as to how a man shall be able to experience blessings, the biblical verses of Deut 28.12 connotes that â€Å"The LORD shall open unto thee his good treasure, the heaven to give the rain unto thy land in his season, and to bless all the work of thine hand: and thou shalt lend unto many nations, and thou shalt not borrow†. This statement counts on that if a person serves humanity and the nation by acting as a lender, Lord will open up his treasures for that person and offer blessings. He will also provide ample rain, which is portrayed as a symbol of health, food and prosperity in that person’s land (Biblical gateway, â€Å"Deuteronomy 28-30†). Deuteronomy 28.21 further presents the philosophical belief of curses, which the God shall bestow on a soul against disobedience.

Challenges Faced by International Firms in Asia and Their Response to Research Paper - 1

Challenges Faced by International Firms in Asia and Their Response to These Problems - Research Paper Example As the paper declares, one of the problems of multinational companies in Asia, among many, is the â€Å"long, thin arm† problem, the assumption that it is adequate to think globally while acting locally and of course the absence of cross border integration in Asia. For the multinational companies to remain relevant in an increasingly competitive scenario that is now the face of global commerce.  According to the paper findings, the political stability within the country that a foreign investor takes interest in is crucial. When there is civil unrest or war, then the risks are raised sometimes to a point that the business venture is not worth undertaking. The government plays a major role in whether the investor in creating the ambiance to attract investor since it is the government that formulates policies on trade and other factors that influence trade. Risks that come with tax also acts as a restraint for multinational firms in Asia with China being the first with the high est tax-related risks. The Chinese government has tried to counter this by having a different taxation system for firms with foreign affiliations. The survey also indicates that firms found India’s taxation system as being the most complex. The feature of the Asian market that encourages foreign firms is that labor, though the cost of which has been rising, is still relatively cheap. When Western multinationals first came to Asia, they were impressed by the low-cost manufacturing operations that were presented by the continent.

Nanomaterials in Consumer Products Research Paper

Nanomaterials in Consumer Products - Research Paper Example Before delving deep into the topic, it is crucial that the reader understands a few concepts in relation to nanomaterials. Nanotechnology, to begin with, refers to the control of the structure and behavior of matter at the atomic or molecular level. This is done so as to create new functions of the materials, systems, or devices from a bottom-up approach. The use of nanotechnology uses the concepts such as those that dictate the different behavior of matter at different sizes. For example, gold is yellow in color, however, the color changes in relation to the sizes of the plates as that determine their ability to reflect light. In nanotechnology, very small materials are used, smaller than 100nm in size (Roduner 503). For the sake of the paper, and for an elaboration of how small a nanometer is, it should be known that the particle is equal to 10 hydrogen atoms. A grain of sand, on the other hand, equals to a million nanometers. Materials equal to these sizes are known as nanomateria ls and are now being used in physics, chemistry, biology, computer science, engineering, and material science. Carbon exists in every form imaginable. The basic composition of glucose, for instance, is made up of carbon, hydrogen, and oxygen. The air that plants use so that they can produce glucose or starch, also, has to contain carbon in the form of carbon dioxide. To add to that, carbon forms a critical part of fossil fuels. In fact, the fuels are known as hydrocarbons because they contain carbon as a basic component.  Ã‚  

Xing Coursework Example | Topics and Well Written Essays - 500 words

Xing - Coursework Example Xing magazine will offer the level of quality advertisement and services that you can expect from a world class magazine. It is therefore safe to say that the company will build its reputation based on results for discerning client base. Xing magazine will give the value for your money because it will provide advertisement services to a wide range of people and entities based all over the globe. As an advertising company, we always strive to improve the quality of service to the clients. To ensure we offer the greatest quality ads. Even though the company will start by first offering hard copy magazine, Xing aims at going digital in the first 6 months of operations. Fashion and style is no doubt a business concept on the rise. That is, the 21st century population loves fashion and always wants to look smart. Fashion is an all-round concept that engages everybody in every industry. From managers, manufacturing, schools to tourists and many more. Irrespective of your industry, be assured that Xing has your style. For instance; for managers Xing will make sure that you and your employees are well dressed and you will be the center of attention whenever you attend executive conferences; for tourists industry, be assured that fashion and style will be incorporated in your adverts to attract as many tourists as possible and these just a tip on the iceberg. Xing is a profession company that will help you in creating the visuals and lay out ads in relation to the latest fashions and styles in the market. Xing magazine believes that there is nothing more fun and freeing than fashion design shopping. After a very tiresome day at work, it feels great to trade in layers of dark tights, delicate dresses, strappy sandals, wedding dresses and much more fashion oriented. Though Xing consider fashion sense classic, we will always choose one trend to try when the seasons change. The idea of Xing magazine is to have a trailblazing

International Human Resource Management in Japanese Firms Essay Example for Free

International Human Resource Management in Japanese Firms Essay During the 1980s, commentators and researchers of almost every stripe witnessed what was invariably seen as a miracle: the juggernaut Japanese economy. It seemed a perfect system, with all cylinders-from the political coordination of the economy through industrial structure and interfirm interactions to human resources management practices and cooperative relationships on the shop floorclicking at high, flawless speed. In the mindset of the time, one question quickly followed: How could the American economic system, with all its contrasting warts and imperfections, hope to compete against this titan? Now, little more than a decade later, that sighting of a miracle has been downgraded rather substantially. In the words of a Fortune analyst (Powell, 2002), Being compared to Japan these days, economically speaking, is about as low as it gets (p. 91). The reasons for this decline are varied but include many of the same factors that supposedly accounted for its ascendance. Now, Keeley pulls back the curtain even more, exposing a system seemingly trapped in neutral. Keeley, a Westerner fluent in Japanese and professor in international management at Sangyo University in Japan, is well positioned to reveal the inner workings of the Japanese corporation, particularly its international human resources management (IHRM) practices, without the infatuation that marked many of the earlier reports. The inescapable conclusion from this volume: These practices create almost insurmountable competitive disadvantages. In addition, Keeley provides a deep look at the tenets of Japanese culture, the management and personnel practices tied to that culture, and the resulting business practices and organizational dynamics that characterize the modern Japanese corporation. In the process, he also offers up a compelling argument for diversity, not simply as an affirmative action accounting of staffing, but rather as a mindset of inclusion and involvement. For all those who read about the Japanese miracle of the 1980s, this book is an important corrective and should go on your reading list. It can also be recommended to anyone interested in the cross-cultural application or transfer of management or human resources practices, or organizational behavior in a global environment. Keeley launches his analysis with the observation that the greatest challenge Japanese companies face in expanding their foreign direct investment is how to integrate host country national (HCN) managers into the management process of their oversees subsidiaries as well as that of the parent companies themselves (p. ). The reasons why such integration is important are clear and simple: competitive advantage in a global economy requires that a multinational company (MNC) be able to tap the talents of local HCN managers; to do this, the MNC must be able attract, retain, and develop talented HCN managers. Absent this, the MNC will forfeit local expertise as well as violate host country antidiscrimination laws, something for which Japanese MNCs have a certain notoriety. More specifically, Keeley argues, the IHRM practices of Japanese MNCs are their Achilles heel, and this is due to the fact that the Japanese system of management is so culture dependent that it is difficult to incorporate nonJapanese into the system, making internationalization of their organizations problematic. (p. 9) This theme is examined more fully in Chapter 2, looking at the issues of cross-culture management and the importance of national culture on organizational dynamics. For example, using Hofstedes (1991) national cultures variables, it is the work group-not the individual-that is the foundation of the Japanese organization. Japanese management techniques, such as lifetime employment, consensual decision making, and rewarding group members equally, are built upon the group. In Chapter 3, Keeley examines the three HRM practices that characterize the larger, global Japanese MNC: lifetime employment, a senioritybased wage system, and company-dominated unions. He also discusses the unique leadership role played by the personnel department. It is in this context that he reviews other distinctive features, like the long work hours of Japanese managers and the after-hours workgroup socializing that follows. Contending that this practice is essential to Japanese management, it is not common elsewhere, and Japanese managers find it difficult to manage without it. In this chapter, Keeley also does a good job reviewing the key traits of Japanese culture that so affect their HRM practices, including: strong ethnocentrism; an emphasis on the responsibilities of a (corporate) household (like paternalistic familism); harmony and loyalty in the context of vertically defined relationships; and the rigid separation of public face from private, personal feelings. Keeley also discusses how educational institutions are used as recruiting sources for corporate staffing. Although aspects of his review of Japanese culture, history, and institutions may be familiar to some, the coverage of Japanese IHRM practices in Chapter 4 is probably not. According to Keeley, Japanese firms were slow to move into investing in foreign sites and facilities, and it was not until the 1990s that Japan became a major foreign investor. Even so, only 8% of its manufacturing capacity was moved off shore, relatively small compared to the 17% for U. S. and 20% for German firms. On a continuum of IHRM practices, ranging from ethnocentric operations at one end to fully open and integrated global operations at the other, most Japanese firms would be classified as ethnocentric. Further, management positions in Japanese subsidiaries are invariably filled by native Japanese. Over the last 30 years or so, Japanese firms have consistently employed three to four times as many parent country nationals (PCNs) in manager jobs as have U. S. or European subsidiaries. Ethnocentric IHRM practices are also found in such other conditions as lack of local decision-making autonomy, demands for selecting and training PCN managers, substantial communication problems between PCN and HCN managers in Japanese subsidiaries, and even the pariah treatment that repatriating PCN managers experience when returned to Japan. In Chapter 5, Keeley continues his close and critical look at the interactions between culture and organizational behavior by examining communication and decision-making practices. This analysis is supported by the findings of his survey of Japanese subsidiaries in Singapore, Malaysia, and Australia in 1994 and 1996, as presented in Chapter 6. In the final chapter, Keeley draws out the implications of his analysis. HCN managers play a limited role in the management of local subsidiaries, with most decisions made at headquarters in Japan and communicated directly to the Japanese managers on site without local HCN manager involvement. These conditions make working for a Japanese subsidiary unattractive to many ambitious HCN managers, putting Japanese firms at a relative competitive disadvantage in the labor market. More generally, Japanese management practices are difficult to transfer to foreign operations and indeed may actually impede efficient and effective local operations. Both Japanese culture and their business operations create formidable barriers to effective integration. In short, Japanese MNCs seem tuck in an ethnocentric mode of operation that virtually dooms them to long-term mediocrity in the global economy. Keeley concludes that in order for them to succeed in a global economy, Japanese companies must transcend their ethnocentric attitudes and IHRM policies and practices and look at diversity, not as a defeat, but as a strength. Although some firms have recently begun to acknowledge this, most show little interest. International Human Resource Management offers an abundance of information and insight into the global HR operations of Japanese firms. In addition, it also provides an intriguing, more general assessment of the challenges involved in managing cross-culturally and the importance of effective diversity management. The book is well written. The frequent use of acronyms, like HCN and PCN, eventually becomes easy to follow. Though I found Chapter 6 on the authors own research somewhat anticlimatic, all in all this is a fascinating tour book and is recommended without hesitation.

Use of Films for ESOL Learners

Use of Films for ESOL Learners CHAPTER I INTRODUCTION This chapter presents background of the study, statement of the problem, purpose of the study, significance of the study, scope and limitation of the research, and definition of key terms. Background of The Study Writing is a complicated skill, writing is a skill that the language teacher must teach to their students. And also it is very important because writing van give the student chance to show or express their personalities, and to mastery and to develop the English ability (Scot and Ytreberg,1992). In addition, because of writing, the learners learn to communicate with other people in order they will understand each other, or to read the message and they need to write it. (Raimes, 1983). That its why writing will give benefit for students if they mastered this writing. Writing is not skill where the students get easily and naturaly. It means, English as Foreign Language learners are not taught how to write a good narrative story in English language. However, to teach writing not only about grammar, the mechanics of the alphabet or the spelling, but also the learners need to see the ideas or concepts in English language. Lack of vocabulary is also the problem when the teacher ask students to write. The students look confused and asking their friend about what is the English language for some words. High school students are asked to write simple and short sentences, messages, short announcements, and also to write narrative, and other type of paragraphs (Depdiknas, 2006). In the statement above, the teaching of writing at high school is a simple one. However, writing is productive skills besides speaking, but still look complicated skill for SMA students to master. It is a complex activity that need a variety of skills. Due to that condition, the researcher tries to find out a kind of technique that can help students write sentences or a simple paragraph and encourage them in the writing activity. The researcher assumes that one of the good ways of teaching writing is by using media. Instructional media is important in teaching and learning processes in order the students can enhance and promote learning and support the teacher’s instruction. The use of media needs to be planned carefully. There are so many kinds of media that can be used in the teaching writing process. One of them is short movie. Short movie can be the basis of the most difficult side: motivate students to write. Short movie as the media are very useful for teaching English writing, especially to attract and giving the anxiety to the students’ attention and to deliver the information. So, in teaching writing, the teacher can use short movie to motivate the students to write, to help, to stimulate and to guide students to write a narrative paragraph. In this research, the researcher tries to implement the using of movie strategy into the teaching of narrative paragraph. A narrative paragraph is a paragraph that retells events happening in the past. It focuses on individual participants, uses correct grammar: past tense, focuses on a sequence of events, and it uses action clauses. To make a good narrative paragraph, it would be better if the teachers use short movie to make the learning process clear and make students understand, and the students will arrange the sentences in a good chronological order. The researcher believes that picture series is applicable for the students in SMAN I MANYAR GRESIK because it may guide, help, motivate and encourage the students to express and show their ideas, opinions, and thoughts onto paper. 1.2 Statement of The Problem The research problem in this research is in a question form: â€Å"How can 11th grade of SMAN I MANYAR students’ ability in writing narrative paragraphs be improved by using short movie?† 1.3 Purpose of The Study According to the problem above this research is to describe how the 11th grade students ability in writing narrative paragraph at SMAN 1 MANYAR can be improved by using short movie. 1.4 Significance of The Study The findings of this research can be useful for the teacher and other researchers. For the teachers, the finding of this study can give the alternative way or technique in teaching writing narrative texts. 1.5 Scope and Limitation of The Study The research is focused on the teaching and learning process by involving the 11th grade students of SMAN I MANYAR GRESIK in short movie to improve their writing ability in narrative texts. The improvement is focused on four components: organization, vocabulary, grammar, and mechanic. Those components are analyzed using analytic scoring rubric for writing. 1.6 Definition of Key Terms In order to avoid misunderstanding, the researcher defines several important terms in this proposal: Short movie is a movie that has a short duration about 15-20 minutes length. Narrative is a piece of text which tells a story and has generic structure begins from orientation, complications, and resolution. Writing ability is a way that needs skill of communicating a message to a reader to express idea, thoughts and feelings. Improve is make something to be better. From low to high. CHAPTER II REVIEW OF RELATED LITERATURE This chapter aims to provide a review of the literature related to the teaching of English in Indonesia, the problem of writing, the previous research and the media. 2.1 The Teaching of English in Indonesia English is the international language which is used in communication, or an activity every time. Mastering English is getting important. In Indonesia, English is a compulsory subject. But it seems that the teaching of English as a Foreign Language is not to lead the students to be able to communicate, but only to prepare the students to pass the national examination (Kam Wong, 2004:181). But nowadays, many teachers and learners realize if learning English is not only the skill that we need to pass the exams, but also for communication. Saukah (2000) states that the purpose of teaching English as a foreign language in Indonesia is that the learners will master to use English for communication; in written or oral language. The ability to communicate is the way how we are able to understand and show to express something. Writing is one of four language skills which has important role in teaching English as a Foreign Language. Brown (2001), writing is simple as putting the ideas or concepts into paper. Compared to speaking, writing is more difficult because writing has the typical characteristics of language that are more complex than those of spoken language such as the degree of formality. Naturally, the process of writing needs the different set of competencies and skills which not every writer has. As beginners, Senior High School students, of course, cannot be expected to master and apply all those writing skills. The students still have a lot of problems in expressing their ideas in writing form. The curriculum expects students to be able to write simple message and simple paragraph at Junior High School. This expectation has not been achieved yet because the students still find it difficult to express and show their ideas in the written language especially in English. This statement based on fact that most of the students’ paper cannot be understood well because there are so many errors. 2.2 Previous Research Research on using short movie strategy has been conducted by some researchers. Sumarsih (2006) did a study using short movie to teach English at the XI IPA-1 students of SMA Negeri 8 Medan. The study showed that the first score of the students’ test was 42,5 for the total improvement from the first competency test to the third competency test was 68,75%. The conclusion is that the student achievement was improved by using the media such as short movie. So the points that we can conclude from using short movie strategy in teaching writing are (1) stimulates the students to be active in English classes during the activity, (2) activates the four language skills (speaking, listening, readning and writing at the same time), (3) produces a fun English class as the best way to learn English, (4) increase students’ achievement. Media for Teaching Writing Listiyaningsih (2002), to facilitate the teaching and learning process, several kinds of media can be used as useful means of teaching in interesting ways. In fact, teaching and learning activities are communication processes. So, using media in teaching writing are good to encourage and stimulate the students to be actively involved during the teaching and learning processes. The media are: Short Movie Sound speaker Proyektor CHAPTER III RESEARCH METHODOLOGY This chapter contains the description of the research methodology. It includes research design, population and sample, subject and setting, data collection, and data analysis. 3.1 Research Design In this study, the researcher uses Classroom Action Research because the researcher wants to improve the students writing skill. The researcher uses short movie as instructional media to improve the students writing skill. It will be brought by the researcher as a new teaching technique in the class. Particularly, the aim of this study is to find a new strategy or technique in learning English writing which can help the teacher to solve classroom problems. The researcher implemented the CAR by Kemmis and Mac Taggart (1998). There are four phase or steps in this action research: (1) planning an action, (2) implementing an action, (3) observing and (4) reflecting. 3.2 Population and Sample The population of the study consisted of 360 students ; 124 male students and 236 female students in SMAN 1 MANYAR Gresik 11th grade . The sample of this study consisted of 36 students of class XI IPS 2: 16 male students and 20 female students, which chosen by cluster sampling at SMAN 1 MANYAR Gresik 11th grade . 3.2.1 Subject and Setting This research was conducted at SMAN 1 MANYAR Gresik 11th grade.. This school had thirty (30) classes and each level had ten (10) classes. The subjects of this study were class XI IPS 2, at the academic year 2013/2014. The class consists of thirty six (36) students. The reason why the researcher chose this class because this class had the most problems in writing. 3.3 Data Collection 3.3.1 Intrument The instrument of this research; First, document collection was conducted by collecting students’ papers at the end of the steps to be evaluated. The data that researcher test are two data in cycle 1 and cycle 2. Both of the cycle are test which will have different movie that will be showed to the students. And the papers the students submitted not just the result of narrative paragraph, but also all their drafting in order to evaluate their progress when they write before. Second, field notes were used as instruments to know what was happened such as the condition and the setting of the class, the atmosphere of the classroom and the other unexpected things that happened. Third, interviews were conducted in two types; at the beginning of the study in order to gather data about the students’ problems in writing and at the end of to find out the students’ understanding the implementation of the narrative paragraph using short movie strategy. Finally, questionnaires was applied at the end of the cycle to know about the students’ responses and attitude in the implementation of the approach. 3.3.2 The Procedure of Collecting Data The researcher did the steps proposed by Kemmis and Mc Taggart (1998) as illustrated below; The researcher explains the research procedures start from preliminary study and research implementation; including planning, implementation, observation, and reflection which is appropriate with the illustration above. Planning: The teacher plans about the lesson plan, materials, media, the instruments. Implementation: In this part, the teaching and learning processes are carried out by the researcher, helped by a collaborator or teacher to observe the students’ progress during the process of learning. Observation : the process of recording and gathering all of the data during the teaching and learning processes. Reflection: the researcher and the collaborative teacher are discussed the result of the implementation if it is success or not. 3.4 Data Analysis In evaluating the students’ writing scores and results, the researcher uses analytic scoring rubric whose components of writing are scored partly and separately based on the composition such as; content, language use, and mechanic. The researcher wants the students will has minimum target score at least 60. Table 1. Scoring Rubric of Evaluating the Students’Writing Products Components of Writing Level Scale and Descriptor Content: Vocabulary Chronological order 4 The content is relevant to the topic and easy to understand. 3 The content is almost complete, relevant to the topic. 2 The content is relevant to the topic but is not quite easy to understand. 1 The content is not quite relevant to the topic. Language use: Use Past Tense 4 No grammatical inaccuracies 3 Some grammatical inaccuracies 2 Several grammatical inaccuracy 1 Frequent grammatical inaccuracies Mechanics: Spelling Punctuation Capitalization 4 It uses correct spelling, good punctuation, and capitalization 3 It has occasional errors of spelling, mistaken punctuation, and capitalization 2 It has frequent errors of spelling, punctuation, and capitalization 1 It has no mastery of convention – dominated by errors of spelling, punctuation, and capitalization Adapted from J.B. Heaton (1990:111) with some modification. From the scoring rubric of writing narrative in table 1, the maximum score is 12 (3 x 4) and the minimum is 3 (3 x 1). So, to identify the final score of the students’ achievement in writing narrative is based on the following scores category in the table. And the scoring is: Data Display There are four kinds of data that collected in this research and most of them were in the form of qualitative data. They were collected from document collection, field notes, interviews, and questionnaires. 1

A Reflective Account Of A Fundamental Caring Skill Nursing Essay

A Reflective Account Of A Fundamental Caring Skill Nursing Essay For my reflective account of my caring skill of assisting somebody to eat I am going to use A model of reflective practice Gibbs, G. (1988). My practice was at a residential home with sixteen permanent residents and two respite rooms and so the health and amount of care needed by each individual varied. Some are mobile and independent, some need assistance from carers for only a few activities such as being pushed in a wheelchair, whereas a few are completely dependant on the carers to do daily activities such as eating. Before I started my placement I read the NMC code of professional conduct and the NMC guide for students of nursing and midwifery. This was so that I was aware of my accountability, responsibility, confidentiality and the wishes of the patients. I also researched into nutrition and feeding, to help me to understand my clients needs and feelings, so that my caring skill was more effective. Every cell requires an energy source for growth, development and for cell activity. The body obtains its energy source from eating and drinking and so they are essential to existence (Roper, Logan Tierney, 2000). Therefore nutrition plays an important role in health and I need to understand what a nutritious diet contains and the effects a healthy and unhealthy diet can have. A healthy diet contains all the nutrients the body needs to function. A nutrient is a substance that must be consumed as part of the diet to provide a source of energy, material for growth or substances for regulated growth or energy production. (Oxford Reference Dictionary for Nursing, 1990). I found that these are proteins, which supply the body with the essential amino acids for building and repairing body tissues, carbohydrates to provide heat and energy and fats which can be broken down to fatty acids and glycerol and also provide heat and energy. The body also uses fatty deposits to protect and maintain delicate organs, such as the kidney. The body also requires small amounts of vitamins and minerals. Vitamins are needed for many different things. Most of them have a catalytic function in metabolic reactions. They are needed for energy regulation, regulation of tissue synthesis and the general health of tissues. Minerals are the components of body tissues and fluids, and of man y specialised substances such as hormones, transport molecules and enzymes. (Roper, Logan Tierney, 1991). Although fibre is not used in any part of the bodys structure and is excreted in the faeces, it is still needed for a healthy diet because it provides bulk, which helps defaecation by stimulating muscular movement in the large intestine, and therefore prevents constipation. Finally, water is extremely important for the body because it makes up approximately 2/3 of body weight, is the main component of all body fluids and many body processes depend on it. Therefore if the body is severely deprived of water it will die. Holmes (1986, cited by Roper, Logan Tierney, 1991) found that food and fluid intake is controlled by complex biochemical processes. There are centres in the brain which are sensitive to changes in the level of nutrients and trace elements in the blood thereby controlling appetite and thirst. The amounts of these nutrients needed differ for each individual and vary throughout the different stages of life (Chern Rickentsen, 2003). These nutrients need to be ingested, digested and then absorbed. The digestive system includes the mouth, oropharynx, oesophagus, stomach and the intestines. The enzymes that facilitate digestion are produced in the salivary glands, pancreas, liver and gall bladder (Waugh Grant, 2004) There are many reasons why somebody may need help with eating. It is essential that nurses have knowledge of factors and how they influence activities of living. The model of nursing helps nurses to understand, assess, plan and implement relevant interventions and evaluate the effects. (Roper, Logan Tierney, 2000) The client that I assisted with eating was an elderly man who was completely dependant on the carers because he had had a cerebrovascular accident (stroke) and he was paralysed down his left side (hemiplegia). He also couldnt use his right arm much due to rheumatoid arthritis. However some people with physical disabilities like an arm defect can still eat and drink independently with the use of mechanical aids and specialised equipment or even just having the food removed from its wrapping. One client on my placement who had a stroke could use his right arm and used equipment such as a plate guard and another client used a specialised spoon so she could feed herself. The use of these aids help to maintain the persons dignity and self-esteem. (Child Higham, 2005) My client was still able to chew his food and produce the saliva and mucus to soften and bind it into a bolus and he still had the reflex to swallow it. Most of the clients could eat without or with very little assistance if given the appropriate handling aids. Other clients, who could not swallow properly due to a health problem such as cerebral palsy or a stroke, had had a Percutaneous Endoscopic Grastrostomy (PEG) for enteral feeding (a surgical procedure where an opening is made in the abdominal wall and a tube is passed through into the stomach directly). Other ways of enteral feeding are an Esophagostomy (placed at the level of the cervical spine to the side of the neck) or a Jejunostomy which is placed in the duodenum or a Naso-gastric tube which is a tube passed through the nose down the oesophagus and into the stomach.(Williams, 1994) My client had already been assessed and he did not need any nutritional supplements to go with his meals. The Body Mass Index shows healthy ranges for body weight, it is determined by their weight in relation to their height and National Screening Tools are used to identify people at risk of malnourishment and nurses should be aware of ethical issues and the influences of religion and culture when doing a care plan to meet the individuals needs. (Walsh, 2002) The carers at my placement already knew my clients preferences and nutritional needs and that he could chew his food so the consistency of the food did not need to be changed. Having to be fed can threaten dignity so nurses should make every effort to minimise any negative aspects. (Isaacs McMahon, 1997) Before I started to assist my client I asked for his consent and made sure that I washed my hands thoroughly, to reduce the risk of infection and was wearing protective clothing and that the environment was suitable. The Department if Health (2001) states, the environment is conductive to enabling the individual patient/client to eat. At my placement, if possible, all of the clients ate in the dining room where there are no distractions, the tables were set properly and everywhere was clean and tidy. I gave my client a choice of two meals and I made sure it was prepared to his liking and presented in an appropriate way. This is because if the food is not presented appropriately for the client and does not look tempting to eat then feeding will be inhibited, giving them a choice gives them back some of their independence when they could be feeling helpless and vulnerable and their self-esteem could be decreased.(Child Higham, 2005) It is important to make sure that the client is comfortable and relaxed to make the interaction more effective (Williams, 1994). I think I achieved this quite well because I made sure that my client was sitting up in his chair, which also lessens the risk of choking. I pulled up a chair next to my client so that I was closer to him and was at a similar eye level. This also shows the client that you are not in a rush and he is not being an inconvenience to you. My body language was relaxed and I used positive facial expressions because if I had been tense and negative, my client would not have enjoyed his food and would have felt uncomfortable and rushed and therefore the interaction would have been inhibited and he might not have wanted to eat anything. I tried to ask my client if he had any preferences to the order that he wanted to eat his food but he did not really respond verbally or none verbally. This made me feel quite uncomfortable and I just fed him the food in the order that I thought he might have liked it and he seemed happy with that. I used ordinary cutlery and cut the food up into what I thought were appropriate bite sized portions for my client and adjusted the size if I thought I had put too much on the fork. After my client had swallowed his first mouthful I asked him if it was too hot and he said no so I carried on feeding him. I waited until I thought he had completely swallowed each mouthful before I gave him another. Once my client had eaten his entire main course I asked if he wanted a drink and I held the cup up to his mouth. I did this so that he would not still have the taste of his main course while he was eating his dessert. I cleared away the dirty equipment before I gave him his dessert and I once again cut it into bite-sized pieces and after his first mouthful asked if it was alright and if he liked it. Once my client has finished his dessert I cleared the dish away and asked if he wanted a drink. I encouraged him to try to hold the cup with his right hand and I supported the other side and tipped it up a bit further when needed. After he had finished everything I asked if he wanted anything else and if he was happy. I then gave him a wipe so that he could wipe his mouth but he could not do it so I asked if he wanted me to do it for him and he let me. Then I asked him where he wanted to go and took him there and asked if he needed the toilet or anything else but he said he didnt. I then went and recorded how much he had eaten in his notes. I feel the interaction went well because even though I felt a bit uncomfortable at first I soon relaxed and I think that I used good body language and facial expressions and it was good that I sat in the chair next to him and didnt just stand over him. My client was relaxed and happy to have me feeding him. The dining room was clean and tidy and there were no distractions. I did find it quite difficult to talk to my client because I did not want to ask him too many questions because he was eating and other than asking him if everything was alright I did not really talk much. It was good that I used a fork to feed my client because if I had used a spoon it may have made him feel like a child and lower his self-esteem. A negative factor of the interaction was that I put a paper bib on my client, which could have lowered his self-esteem and dignity. I also used a plastic beaker with a lid so that I did not spill his drink down him and this could have also made him feel like a child. At some points I did put the next forkful up to his mouth before he had completely swallowed the last one and even though I apologised and put the fork down again and waited until he had completely finished, I did feel as though he may have thought I was rushing him a bit. Next time I am assisting to feed someone, I will use a napkin instead of a bib and if possible a normal cup. I will also try to talk to the client a bit more without asking too many questions so that they dont have to talk with their mouth full. I will also ask if they want to brush their teeth or clean their mouth so that they feel more comfortable and it will also help prevent dental decay or any sores from developing around the gums. I spoke to my mentor about how she thought the interaction went and whether she thought I could improve on anything and she was happy with it. In conclusion, I feel my caring skill went well. This is because we were both relaxed and comfortable, no problems occurred and I would do most things the same again. Even though I felt as though I may have rushed him a bit at times by accident and some of the equipment I used may not have been appropriate, my client was happy and ate everything. He also said he would feel comfortable with me helping him again and I now feel confident and comfortable enough to assist feeding people. 2198 words.

The Nuclear Power Debate Essay -- essays research papers fc

The Nuclear Power Debate   Ã‚  Ã‚  Ã‚  Ã‚  In 1953, nuclear energy was introduced into America as a cheap and efficient energy source, favoured in place of increasingly scarce fossil fuels which caused air pollution. Its initial use was welcomed by the general public, as it was hoped to lower the price of electricity, and utilise nuclear power for it's potential as a resource, not a weapon. However, as people became aware of the long term dangers involved in storing nuclear waste, it's use was criticised. Two accidents, at Three Mile Island and Chernobyl, demonstrated to the world the enormous risks involved in producing nuclear power.   Ã‚  Ã‚  Ã‚  Ã‚  Nuclear power provides 17% of the world's electricity but coal is the main source, making up 39%. However, fossil fuels such as coal, require greater quantities to produce the equivalent amount of electricity produced from Uranium. The use of nuclear power opposed to burning fossil fuels has reduced carbon dioxide emissions by 2 billion tonnes per year, minimising the global warming effect on the atmosphere. Carbon dioxide is responsible for half of man made gases contributing to the Greenhouse Effect, and has sparked action from the UN Intergovernment Panel on Climate Change. Their consensus is a concern for the environment in the next century if fossil fuels continue to be used, even at present global levels. The Panel claims that for carbon dioxide to be stabilised to safe levels, a 50-80% reduction in all emissions would be ...

Foreshadowing in Flannery O Connors A Good Man Is Hard to Find Essays

Foreshadowing in Flannery O' Connor's "A Good Man Is Hard to Find" Flannery O' Connor, a native of Georgia was one of the most prolific writers of the twentieth century. As a strict Catholic, O' Connor often displayed a sense of spiritual corruption within the characters in most of her stories. One of O' Connor's famous stories, "A Good Man Is Hard to Find," reveals the image of spiritual deficiency inherent in the characters which foreshadowed a bloody end. The grandmother communicated the warning of the Misfit, but her activities itself were various signs of foreshadowing of the end approaching. The grandmother warned about the Misfit in the first paragraph of the story: "`Here this fellow calls himself the Misfit is loose from the federal pen and headed toward Florida and you read here what it says he did to these people.'" This was the first sign of an obvious foreshadowing element at the start of the story which was ignored by everybody, even by the messenger herself. On the day of the trip to Florida, the grandmother was the first one to be in the car and also dressed very nicely with: `.....a navy blue straw sailor hat with a bunch of white violets on the brim and a navy blue dress with a small white dot in the print. Her collars and cuffs were white organdy trimmed with lace and at her neckline she had pinned a purple spray of cloth violets containing a sachet.' People usually are found to be dressed in their best outfits and especially found carrying flowers at the time of their death. In reality, it would not be necessary to wear very decent clothing for the purpose of going on a long trip. Next, the place where the family was traveling through had elements which were predicting the doom foretold in the ... ...hing wrong, but still she had to suffer death just like Jesus did. His statement was a statement with a hidden sense of foreshadowing concerning the grandmother's murder. The grandmother begged the Misfit for mercy and told him, "`I'll give you all the money I've got!'" His reply was, "`There never was a body that give the undertaker a tip,'" which was his way of foreshadowing her near death. Thus, Flannery O'Connor used strong imagery to provide foreshadowing to her readers of the inevitable ending of her "A Good Man Is Hard to Find." She first gave her readers a taste of the ending by mentioning the behavior and activities of the characters and also by describing the place of the family's last place of visit on earth, which built her readers' curiosity. Her foreshadowing images are both strong and obscure so as not to spoil the surprising ending of the story.