Industrial Dispute

Industrial Dispute According to Section 2(k) of the Industrial Disputes Act, 1947 "industrial dispute" is defined as, "Any disputes or differences 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."

Industrial Dispute Let us understand that the definition identifies three Explained parties to disputes. They are: (i) Employers and Employers (ii) Employers and Workmen (iii) Workmen and Workmen

Industrial dispute is disagreement and difference between two disputants, namely, labour and management. This disagreement or difference could be on any matter concerning them individually or collectively. It must be connected with employment or non-employment or with the conditions of labour.

Weapons used by 1) Strike. When workers collectively cease to work in an industry, it is known “Labour” as strike. Strike can be defined according to the Industrial Disputes Act, 1947 as: "It means a cessation of work by a body of persons employed in an industry acting in combination; or a concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment; or a refusal under a common understanding of any number of such persons to continue to work or to accept employment". (2) Boycott. The workers may decide to boycott the company in two ways. Firstly by not using its products and secondly by making an appeal to the public in general. In the former case, the boycott is known as primary and in the latter secondary If is a coercive method whereby the management is forced to accept their demands. (3) Picketing. When workers are dissuaded from work by stationing certain men at the factory gates, such a tep is known as picketing. If picketing does not involve any violence, it is perfectly legal. (4) Gherao. Gherao in Hindi means to surround. The workers may gherao the members of the management by blocking their exits and forcing them to stay inside their cabins. The main object of gherao is to inflict-physical and mental torture to the person being gheraoed and hence this weapon disturbs me industrial peace to a great extent.

Weapons used by “Management” 1. Employers' Association. The employers may form their unions 

to collectively oppose the working class and put pressure on the trade unions.

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2. Lock-out. An employer may close down the place of employment temporarily. Such a step is technically known as lock -out. It is the reverse of a strike and is a very powerful weapon in the hands of an employer to pressurise the workers to return to the place of work. According to the Industrial Disputes Act, 1947, "lock-out means the closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.

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3. Termination of Service. The employers may terminate the services of those workers who are on strike by blacklisting them. Their lists may be circulated to other employers so as to restrict their chances of getting employment with those employers.

Cause of Industrial Disputes 

1. Economic Cause: These causes may be classified as: 

Demand for increase in wages on account of increase in all-India Consumer Price Index for Industrial Workers.

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Demand for higher gratuity and other retirement benefits.

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Demand for higher bonus.

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Demand for certain allowances such as: 

House rent allowance

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Medical allowance

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Night shift allowance

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Conveyance allowance

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Demand for paid holidays.

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Reduction of working hours.

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Better working conditions, etc.

Cause of Industrial Disputes 

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2. Political Causes: Various political parties control Trade unions in India. In many cases, their leadership vests in the hands of persons who are more interested in achieving their political interests rather than the interests of the workers. 3. Personnel Causes: Sometimes, industrial disputes arise because of personnel problems like dismissal, retrenchment, layoff, transfer, promotion, etc. 4. indiscipline: Industrial disputes also take place because of indiscipline and violence on the part of the workforce. The managements to curb indiscipline and violence resort to lock -outs

Cause of Industrial Disputes 

5. Misc. causes: Some of the other causes of industrial disputes can be: 

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Workers' resistance to rationalization introduction of new machinery and change of place Non- recognition of trade union Rumors spread out by undesirable elements Working conditions and working methods Lack of proper communication Behavior of supervisors Inter trade union Rivalry etc.