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LABOUR policy in India has been evolving in response to the specific
needs of the situation in relation to industry and the working class and
has to suit the requirements of a planned economy. A body of principles
and practices has grown up as a product of joint consultation in which
representatives of Government, the working class and employers have
been participating at various, levels. At the apex of this tripartite
machinery is the Indian Labour Conference set up to assist in the
formulation of policies as well as their implementation

The 15th Indian Labour Conference, held in July 1957, laid down certain
general principles related to the discipline in Industry which were later
considered and after certain modifications therein, the Code of Discipline
was evolved.

A Code of Discipline in Industry, which applies both to the public and to


the private sector, has been accepted voluntarily by all the Central
organisations of employers and workers and has been in operation since
the middle of 1958. The Code lays down specific obligations for the
management and the workers with the object of promoting constructive
cooperation between their representatives at all levels.
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The 15th Indian Labour Conference, held in July 1957, laid
down certain general principles related to the discipline in
Industry
There should be no lockout or strike without notice
No unilateral action should be taken in connection with any
industrial matter
There should be no option to go-slow tactics
No deliberate damage should be caused to plant and
property
Acts of violence, intimidation, coercion or instigation should
not be resorted to
The existing machinery for the settlement of disputes should
be resorted to.
Awards and agreements should be speedily implemented
Any agreements should disturbs cordial industrial relations
should be avoided.
     

The Code has various sections-
The first section defines the duties and responsibilities
of employers, workers and even of the government
The second section lists the common obligations of
management and unions
The third section deals with the obligations of the
management only
The fourth section deals with the obligations of the
unions
There are 2 annexures under the Code of Discipline
Annexure A ² provides criteria for recognition of unions
Annexure B ² deals with the rights of the recognised
unions
     

1. The Code is a government induced self imposed and
mutually agreed voluntary principle of discipline and
relations between management and workers
2. It aims at preventing disputes through negotiations,
conciliation, voluntary arbitration or adjudication
3. It restrains both parties from unilateral action but
induces them to make the best use of the existing
machineries for expedite settling of disputes
4. The Code compels people not to indulge in strikes and
lockouts without notice and encourages mutual
settlement.
5. It encourages constructive cooperation between
workers and management at all levels without recourse
to violation, coercion, discrimination etc or other unfair
practices like go-slow, sit-down or stay-away strikes.
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5. It encourages management to take prompt action for
settlement of grievance and implementation of awards
and agreements
6. Any action against the spirit of the Code should be avoided
7. Both Central and state governments should rectify any
shortcomings in the machineries relating to labour laws
8. Employers have to recognise the majority union in an
organisation or industry and set up mutually agreed
grievance procedure ensuring full investigation of disputes
leading to settlement.
9. In order to maintain discipline the Code also stipulates
1. Just recognition by employers and workers of the rights and
responsibilities of either party as defined by law and
agreement
2. Proper and willing discharge of duties by either parties of its
obligations consequent on such recognitions.
   
  

Õome sanctions incorporated in the Code of Discipline are:
1. The central employers· and workers· organisations shall
take the following steps against their constituent units if
they are guilty of breaches of the Code
1. Ask the unit to explain the infringement of the Code
2. Give notice to the unit to set right the infringement within a
specified time
3. Warn or censure (if very serious) the unit concerned
4. Impose on the unit penalties open to the organisation
5. In case of persistence violation disaffiliate the unit from
membership
2. Grave, willful and persistent breaches of the code by any
party should be widely publicised
3. Failure to observe the code would entail derecognition for a
period of time
4. A breach will not be referred to adjudication if there is strike
or lockout without notice or in breach of the Code.
   
 
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To ensure that employers and employees
recognise each other·s rights and obligations
To promote constructive cooperation between the
parties concerned at all levels
To secure settlement of disputes and grievances
by negotiation, conciliation and voluntary
arbitration
To eliminate all forms of coercion, intimidation and
violation in industrial relation
To avoid work stoppages
To facilitate the free growth of trade unions
To maintain discipline in the industry.

 
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To maintain Discipline in the Industry (both in
public and private sectors) there has to be
- (i) a just recognition by employers and workers of
the rights and responsibilities of either party, as
defined by the laws and agreements (including
bipartite and tripartite agreements arrived at all
levels from time to time) and
- (ii) a proper and willing discharge by either party of
its obligations consequent on such recognition.
The Central and Õtate Governments, on their
part, will arrange to examine and set right any
shortcomings in the machinery they constitute
for the administration of labour laws.
 
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that no unilateral action will be taken with any company matter and that
disputes will be settled at appropriate level;
that the existing machinery for settlement of disputes would be utilized with the
utmost expedition;
that there would be no strike or lockout without notice;
that affirming their faith in democratic principles, they bind themselves to all
future differences, disputes and grievances by mutual negotiations, conciliation
and voluntary arbitration;
that neither party will have recourse to (a) coercion, (b) intimidation, (c)
victimization or (d) go-slow;
that they will avoid, (a) litigation, (b) sit down and stay in strikes and (c) lock
outs;
that they will promote constructive co-operation between their representatives at
all levels and as between workers themselves and abide by the spirit of
agreements mutually entered into;
that they will establish upon a mutually agreed basis, a grievance procedure
which will ensure a speedy and full investigation leading to settlement;
that they will abide by various stages in the grievance procedure and to take no
arbitrary action which would bypass this procedure; and
that they will educate the management personnel and workers regarding their
obligations to each other.
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not to increase work loads unless agreed upon or settled otherwise;
not to support or encourage any unfair labour practice such as (a)
interference with the right of employees to enroll or continue as
union members, (b) discrimination restraint or coercion against any
employee because of recognised activity or trade unions and (c)
vcictimisation of any employee and abuse of authority in any form;
to take prompt action for (a) settlement of grievances and (b)
implementation of settlements, awards, decisions and orders;
to display in conspicuous places in the undertaking the provisions of
this code in the local language (s)
to distinguish between actions justifying immediate discharge and
those where discharge must be preceded by warning, reprimand,
suspension or some other form of disciplinary action and to arrange
that all such disciplinary action should be subject to an appeal
through normal grievance procedure;
to take appropriate disciplinary action against its officers and
members in cases where enquiries reveal that they were responsible
for precipitated action by workers leading to indiscipline; and
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not to engage in any form of physical duress;
not to permit demonstrations which are not peaceful and not to permit
rowdyism in demonstrations;
that their member will not engage or cause other employees to engage
in any union activity during working hours, unless as provided by law,
agreement of practice;
to discourage unfair labour practices such as (a) negligence of duty (b)
careless operation, (c) damage to the property, (d) interference with or
disturbance to normal work and (e) insubordination;
to take prompt action to implement awards, agreements, settlements
and decisions;
to display in conspicuous places in the union offices, the provisions of
this code in the local language (s); and
to express disapproval and to take appropriate action against office-
bearers and members for indulging in action against the spirit of this
code.

  
  
The Code of efficiency and welfare was drawn up by the Union
ministry of Labour and Employment in 1958. It was complementary
to the Code of Discipline. It specified what the employers and
employees should do in order to ensure cordial industrial relations
and higher production. This code gave firmness and reality to talks
about productivity. ( This Code was provoked by constant complaints
that the Indian workers· efficiency was low and the industry
burdened with increasing labour costs.)
This Code recognised that larger production and increased
productivity are necessary for strengthening the economy and raising
the standard of living of the people. Employers, workers and
government should make a concerted effort to increase efficiency in
industry and the government has its responsibility for creating a
proper atmosphere in which industry can function efficiently. The
cooperation and management at the unit level is one single factor
which governs plant efficiency and workers· welfare.

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