Industrial Disputes

INTRODUCTION • INDUSTRIAL PEACE – It implies the absence of industrial unrest or the existence of a harmonious relationship or cooperation between labour and capital. • INDUSTRIAL UNREST – It is the result of

the discontent of workers and management. It takes an organized form when the work people make common cause for their grievance against employers through manifestation of strikes, demonstration, picketing, morchas,

INDUSTRIAL CONFLICTS INTEREST DISPUTES – It arises out of deadlocks in negotiation

GRIEVANCE DISPUTES – Arise from day to day grievances.

UNFAIR LABOUR PRACTICES –

RECOGNITIO N DISPUTES – Arise due to the

Arise from acts of interference with the exercise of right to organise, Acts etc.

recognition of trade union as a bargaining agent.

DEFINITION OF DISPUTE 

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According to Industrial Dispute Act, 1947, Section 2(k), Industrial Disputes means “any dispute or difference between employers and employers, or between employers and workman or between workmen and workmen, which is connected with the employment or non – employment or terms of employment or with the conditions of labour of any person”. ID means disputes relating to existing industry.

ESSENTIAL CONDITIONS FOR INDUSTRIAL DISPUTES  There must be a dispute or a

difference – (a) between employers and employers (e.g. wage welfare where labour is scarce); (b) between employers and workmen(demarcation disputes) ; (c) between workmen and workmen;  It is connected with the employment or non employment or the terms of

 A workman does not earn wages

exceeding Rs. 1000 per month;  The relationship between the employer and the workman should be in existence and should be the result of the contract and the workman actually employed.

CAUSATIVE FACTORS OF INDUSTRIAL CONFLICTS (1)

(b)

(c)

(d)

INDUSTRIAL FACTORS

Matters related to employment, work, wages, hours of work, privileges, rights and obligation of employees, terms and condition of employment. Dispute often arise because of the population explosion and rising unemployment. Increasing prices of essential commodities.

 (b) (c) (d)

(e)

(f)

MANAGEMENT ATTITUDE TOWARDS WORKERS

Disinterest of management to discuss with the workers and their representatives. Management’s unwillingness to recognize a particular trade union. Unwillingness of management to delegate required authority to its officials for the purpose of discussing with trade union. Taking management side by the management officials while discussing the issues in collective bargaining Disinterest of the management in involving the workers in decision making.

Government Machinery

(h)

Most of the labour laws lost their irrelevancy in the context of the challenges of present industrial climate.

Inability to check employers in implementing labour laws. b) A little confidence on employees and employers in government’s conciliation machinery. c) Inability of government’s conciliation machinery in doing its job effectively. d) Influence of political parties which is in power on trade union. OTHER CAUSES (a) Affiliation of trade unions with political party and political leadership of trade union. (b) Political instability, poor center – state a)

INDUSTRIAL DISPUTES STRIKES

1.Primary Strikes

LOCK - OUTS

2. Secondary Strikes Sympathy Strike

3.Others 1. General 2. Particular 3. Political 4. Bandhs

StayGo Work away to Gherao Slow rule

Token or Lightening Picketing Protest and or Cat-call strike Boycott strike

Sit down; stay-in; tool down or pen down strike

STRIKES 

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STRIKE is the result of more fundamental maladjustments, injustices and economic disturbance. According to Peterson, “strike is the temporary cessation of work by a group of employees in order to express grievances or to enforce a demand concerning changes in work conditions”. According to section Industrial Dispute Act, 1947, Section 2(q) “A cessation of work by a body of persons employed in any industry, acting in combination or concerted refusal under a common understanding, of a number of persons who are or have been so employed to continue to work or to except employment”.

1. PRIMARY STRIKE 

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PRIMARY STRIKES generally aimed against the employer with whom the dispute exist. These are of following type Stay – away Strike – Workmen do not come to the workplace during the prescribed working hours. They organize rallies and demonstrations with a view to drawing the attention of the employer to their grievances. Sit – Down or Stay – in Strike – Workmen come to their place, they stay at work place but they don’t work. Token or Protest strike – workmen don’t work for an hour or a day.

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Go Slow – Workers intentionally reduce the speed of work (anything less than normal work) Work to Rule/Work to Designation – Strikers undertake the work according too rules or job description. Picketing – It is an act of posting pickets and implies machinery or patrolling of the workman in front of the premises of the employer. Boycott – It aims at disrupting the normal functioning of the enteprise. Gherao – It is a physical blockade of a target either by encirclement, intended to block the regress and ingress from and to a particular office, workshop etc. Hunger Strike – It is restored to either by leaders of the union or by some workers, all at a time in small batches, for a limited

2. SECONDARY STRIKE  SECONDARY

STRIKES are those in which the pressure is applied not against the primary employer with whom the primary workers have a dispute but against some third person who has good trade relation with him which are severed and the primary employers incurs a loss.  It is popular in USA.  It is also known as Sympathetic Strike. Workers have no demands and grievances of their own but they go on strike just to support others.

PREVENTION OF STRIKE  It

should adopt a well – defined, precise, clear and progressive

LOCKOUTS 

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LOCKOUTS means the action of an employer in temporarily closing down or shutting down his undertaking or refusing to provide his employees with work with the intention of forcing them either to accept the demands made by him or to withdraw demands made by them on him. According to Industrial Disputes Act, 1947, Section 2(1), “the closing of a place of business 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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FOLLOWING DOES NOT CONSTITUTE “LOCKOUTS” “LOCKOUTS

Prohibiting an individual employee. (C) Termination of employment by retrenchment. (D) Termination of services for more than one person at the same time would not be lockout. (E) Declaration of an employer by an employer merely on the ground that the workman have refrained (B)