Industrial Disputes

Disputes mainly relate to the strife between employers and their employees. According to the Industrial Dispute Act,1947 sec(2(k)),Industrial disputes mean any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non employment or terms of employment or with the conditions of labor of any person.

Causes Of Industrial Disputes:

Causes of Industrial disputes may be grouped into four categories :
(A)

Industrial Factors

(B)
(C) (D)

Managements Attitude towards workers

Government Machinery Other Causes

(A)Industrial Factors :
Under this category, some of the causes of dispute may be : (i) An industrial matter relating to employment, work, wages, hours of work, privileges, the rights and obligations of employees and employers, terms and conditions of employment including matters pertaining to : (a) dismissal or non-employment of any person

(b) Registered agreement , settlement or award and

(c) demarcation (establishing limits) of the functions of an employee

(ii) An industrial matter in which both the parties are directly and substantially interested. (iii) disputes arising out of unemployment, change in the attitude of management.

(B) Management Attitude Towards Labor :

(i) (ii)

Management unwillingness to talk over any dispute with their employees. Managements unwillingness to recognize a particular trade union , delegating enough authority to the representatives etc. unwillingness to negotiation and settlement of disputes. Managements insistence to take care of recruitments, promotion etc without consulting the concerned employees Managements unwillingness to provide services and benefits to its employees

(iii) (iv)

(v)

(c) Government Machinery :

(a)Though there are number of enactments for promotion of harmonious relations, it is ineffective and unsatisfactory due to various reasons like their irrelevancy in the context of the challenges of present industrial climate/culture, incapability of understanding and answering imperatives of development, improper and inadequate implementation by many employers. (b) The governments conciliation machinery has settled a very negligible number of disputes .

(D) Other Causes :

(i) Affiliation of the trade unions with a political party, where the latter may instigate the trade unions to conduct strikes, lockouts , gheraos etc.

(ii) Political instability, centre- state relations, sometimes result into industrial conflict.
(iii) Other potential factors like corruption in industry and public life, easy money, etc can also result into industrial disputes.

INDUSTRIAL DISPUTES
Basically of two types. Strikes and Lockouts.
1.

Strikes: Strikes are a result of more fundamental maladjustments , injustices and economic disturbances. Strike is a temporary cessation of work by a group of employees in order to express grievances or to enforce a demand concerning changes in work conditions. Strikes are divided into three types. They are: Primary strikes
Secondary strikes And other strikes

a)
b) c)

I. Primary strikes are generally against the employer with whom the dispute exists. They are :
(i) Stay Away Strikes: In this strike workmen stay away from the work place. They organize rallies, demonstrations, etc. (ii) Stay-in or sit Down Strikes : In this strike, workmen come to the place , they stay at the work place but they dont work. (iii) Tools Down, Pen Down Strike : Here the strikers lay down their tools in case of factory workers , office workers lay down their pens. (iv) Token or Protest Strikes : It is of very short duration and is in nature of signal for the danger ahead. In this strike workers do not work for an hour or a day. (v) Lightening or Wild cat strike : In this strike, the strike is done without any prior notice or with a shortest notice. (vi) Go Slow : In this strike, the workers intentionally reduce the speed of work.

vii) Work to rule : In this strike, the strikers undertake the work according to rules or job description.
(viii) Picketing : It is an act of protesting by the workmen in front of the premises of the employer. (ix) Boycott: It aims at disrupting the normal functioning of the enterprise.

(x) Gheraos : It is a physical blockade of a target either by encirclement, intended to block from and to a particular office, workshop etc.
(xi) Hunger Strike : This type of strike is resorted to either by the leaders of the union or by some workers all at a time for a limited period or up to the period of settlement of disputes.

II Secondary Strike : Secondary strikes are against a third party. These strikes are sympathetic strikes.
III. Other Strikes : These strikes are in the form of general, particular, political and bandhs. Lockouts: Lockout means the closing of a place of business of employment or the suspension of work, or the refusal by the employer to continue to employ any number of persons employed by him . However, termination of employment or retrenchment, and prohibiting an employee are not lockouts.

CAUSES OF INDUSTRIAL DISPUTES:

Demand for Higher wages Non-Implementation of Bonus Schemes

Demand for better working condition

Failure to recognize Unions Demand for proper leave Rules, Over Time Payment Political Interference

Punishment to Workers
Mass retrenchment & undue promotions Insecurity of Service Wrong policy or decision

Bad Behavior
Non- redressal of grievances

WHO CAN RAISE A DISPUTE?:

A dispute is said to have arisen when some demand is made by workmen and it is rejected by the management. A workmen can raise dispute. However dispute between single employee and employer doesnt fall within the definition of industrial dispute

PROCEDURE FOR SETTLING INDUSTRIAL DISPUTES :

Collective Bargaining is a technique by which dispute as to conditions of employment, are resolved amicably, by agreement, rather than by coercion. The dispute is settled peacefully and voluntarily, although reluctantly, between labor and management. Negotiation is one of the principal means of settling labor disputes. However, due to lack of trust between the employers and workmen or their trade unions or inter-rivalry of the trade unions and the employers being in a commanding position, many a time negotiations fail.

Conciliation And Mediation Through conciliation and mediation a third party provides assistance with a view to help the parties to reach an agreement. The conciliator brings the rival parties together discuss with them their differences and assist them in finding out solution to their problems. Mediator on the other hand is more actively involved while assisting the parties to find an amicable settlement. Sometimes he submits his own proposals for settlement of their disputes.

ARBITRATION
The resort to arbitration procedure may be compulsory or arbitrary Compulsory arbitration is the submission of disputes to arbitration without consent or agreement of the parties involved in the dispute and the award given by the arbitrator being binding on the parties to the dispute. On the other hand in case of voluntary arbitration, the dispute can be referred for arbitration only if the parties agree to the same.

ADJUDICATION
If despite efforts of the conciliation officer , no settlement is arrived at between employer and the workman, The Industrial Dispute a provides for a three tier system of adjudication viz. Labour Courts , Industrial Tribunals and National Tribunals under section, 7 , 7A and under section 7B respectively. The industrial tribunal are empowered to adjudicate on matters specified in both the Second and Third schedule i.e. both rights and interest disputes. The jurisdiction of the Industrial Tribunal is wider that the labour courts.

AUTHORITIES:
WORK COMMITTEES In establishments where 100 or more workers are employed Govt. may require the employer to set up work committee Composed of equal number of representatives of workmen and management To preserve amity and establish cordial relations and to resolve differences of opinion on matters of common interest. CONCILIATION OFFICER:

Conciliation officer Appointed by government Duty is to mediate in and promote the settlement of industrial disputes In some cases officer will investigate the dispute and induce the parties to come to an amicable statement. He has to send a report of settlement to govt. He has to submit the report within 14 days of commencement of conciliation proceedings.

BOARD OF CONCILIATION: Board of conciliation The govt. may notify constitution of board of conciliation for promoting settlement of an industrial dispute. Its role is also consulative,like conciliation officer. COURT OF ENQUIRY: Court of enquiry The govt. may constitute a court of enquiry to enquire into any matter connected with an industrial dispute. The objective is to enquires into and reveal the causes of an industrial dispute. LABOUR COURTS: Labour courts These are to protect the labours and also to establish a cordial relations. Functions legality of an order passed by an employer under the standing orders Application and interpretation of standing orders Discharge or dismissal Withdrawal of any customary concession or privilege Illegality or otherwise of a strike or lock out all matters.

Industrial tribunals:

Industrial tribunals all matters within the jurisdiction of labour courts. Wages

Compensation and other allowances

Hours of work and rest intervals Leave with wages and holidays Bonus,pf and gratuity. Shift working

Classification of grades
Rules of disciplines Retrenchment and closure of establishment

NATIONAL TRIBUNAL Constituted by central govt. Problems which are of national importance.

WELFARE OFFICER:
Welfare officer Under factories act 1948,the appointment of welfare officer in the organization if workers are 500 or more. STANDING ORDERS Its a preventive measure Certification of standing orders by enterprises under the industrial employment standing order act 1946.

CODE OF DISCIPLINE There should be a code of discipline for both the employers and employees. It should be agreed by two parties.