Industrial Disputes by Shruti Singh

INDUSTRIAL
DISPUTES
INTRODUCTI
ON
Maintenance of satisfactory industrial relations,
therefore forms an important plank of labour policy
of every civilized nation. Good industrial relation is
a pre-requisite for the successful industrialization of
any country. It is therefore imperative to evolve a
suitable system of machinery for the settlement and
prevention of industrial disputes.
2
DEFINITION
• It is a conflict, clash of ideas, a disagreement etc.
• According to Section 2(k) of the Industrial
Disputes Act, 1947, an ‘industrial dispute’ means
“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 the terms of employment or with
the conditions of labour of any person.
NATURE OF INDUSTRIAL
“ DISPUTES
⊹ Interest disputes
⊹ Grievance disputes
⊹ Disputes over unfair labour
practices
⊹ Recognition disputes
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T
DISPUTES
⊹ An interest dispute is a disagreement between
workers and their employer concerning future rights
and obligations under the employment contract.
⊹ In practice most interest disputes are the result of a
breakdown in the bargaining process with the parties
failing to reach agreement on the terms and
conditions of employment that will apply in future.
⊹ Interest disputes are generally collective in nature.
5
RIGHTS
DISPUTES
⊹ A rights dispute is a disagreement between a worker or
workers and their employee concerning the violation of an
existing entitlement of protection embodied in the law, a
collective agreement, or under a contract of employment.
Such disputes usually take the form of a claim by employees
that they have not been provided with their entitlements
with regard to such things as wages, overtime payments,
holidays, and the working environment – indeed anything
which is an entitlement that already exists by law.
⊹ Rights disputes can be either individual or collective.
6
How to
resolve
industrial
disputes 7
PREVENTION AND
SETTLEMENT OF
INDUSTRIAL DISPUTES
• Collective Bargaining: It is a process in which the
representatives of the employer and the of the employees
meet and attempt to negotiate a contract governing the
employer-employee-union relationships
• Joint Management Councils: The JMC normally consists
of equal number of representatives of workers and
employers looking after 3 things; information sharing,
consultative and administrative matters relating to welfare,
safety, training etc and the formulation of standing orders.
(Without encroaching on the jurisdiction of works
committees)
CONSEQUENCES OR
IMPACT OF THE
INDUSTRIAL
DISPUTES
9
PRIMARY
STRIKES
10
STRIKES
11
LOCKOUTS
Section 2 (1) of the Industrial Disputes Act, 1947
defines “lockout” mean the temporary closing
of a place of employment or the suspension of
work, order refusal by an employers to continue
to employ any number of persons employed by
him. Lockout, thus, is the counterpart of strike -
the corresponding weapon in the hands of
employer selective demands of Workman or to
enforce his terms. It has been held by the courts
that the suspension of work as a disciplinary
measure does not amount to lockout. Similarly,
temporary suspension of work called lay-off is
not lock-out. 12
CAUSES
The causes of industrial conflict or disputes have been much varied. These
may be described partly a psychological or social and partly political, but
predominantly economic. Some important factors responsible for industrial
conflict and poor industrial relations may be briefly stated as follows:
⊹ Management’s generally apathetic towards workers are employees
because of their contention that they want more and more economic or
monetary rewards and want to do less work.
⊹ Mental inertia on the part of both management and labour.
⊹ Lack of proper fixation of wages in conformity with cost of living under
reasonable wage structure generally.
⊹ Bad working conditions.
⊹ Attempts by management to introduce changes such as rationalisation
modernization or automation without creating a favourable to
appropriate climate or environment for the same.
13
CAUSES
⊹ Lack of competence or training on the part of first line supervision as
well management at upper levels in the practice of human relations
⊹ Assignment of unduly heavy work-loads to worker, unfair labour
practices (such as victimization or undue dismissal).
⊹ Lack of strong and healthy trade unionism, lack of proper policy of
union recognition and inter-union rivalries.
⊹ A spirit of non corporation and a general tendency among employees to
criticise or oppose managerial policies or decisions even when they may
be in the right directions.
⊹ A fall in the standard or discipline among employees largely due to
wrong or improper leadership often resulting in insubordination or
disobedience on the part of employees.
⊹ Difference in regard to sharing the gains of increased productivity
⊹ Inadequate collective bargaining agreements.
14
causes
⊹ Legal complexities in the industrial relations machinery or settlement of
industrial disputes.
⊹ Lack of necessary changes in the working of government in accordance
with changing needs and circumstances.
⊹ Combination of too much law and too little respect for law even at high
levels.
⊹ Growing factional and personal difference among rank and file
employees who are union members are union leaders and a tendency on
the part of the management in some cases to prefer having with outside
leaders and not give due respect to worker leaders
⊹ Political environment of the country; And
⊹ Agitation and wrong propaganda by selfish labour leaders to further
their own interests of their own party.
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