“CLASSIFICATION OF AN INDUSTRIAL DISPUTE: STRIKE AND LOCKOUTS, INDUSTRIAL PEACE, CONCEPT OF MEDIATION,

CONCILIATION, ARBITRATION, ADJUDICATION AND PREVENTIVE MEASURES OF INDUSTRIAL DISPUTES. BIPARTITE

AND TRIPARTITE BODIES. SETTLEMENT MECHANISM”

 

Submitted By

  

Mr. Jinomon Jose

Industrial conflict is defined by kornhauser et al (1954): the ‘total range of behaviours and attitudes that express opposition and divergent

orientations between industrial owners and managers, on the one hand, and working people and their organizations on the other hand.’

According to the industrial dispute act, 1947, an industrial dispute means

“any dispute or difference between employer and employer or between employer 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 labour of any person”.

Causes of Industrial conflicts:

Wage demands

Working conditions

Management policies

Political disputes

Social concerns

Main Actors in an Industrial Relation System; Employers Employees Government

INDUSTRIAL ACTION

Divided into:

A. Overt

Overt industrial action refers to open, obvious industrial action taken by workers or management including strikes, work bans, pickets, lockouts and work-to-rule

B. Covert

Covert industrial action refers to actions by workers or management which are not immediately obvious such absenteeism, sabotage, turnover or exclusion from business decision-making.

Industrial action is a sign of poor employment relations

STRIKES AND LOCKOUTS

The most publicized type of industrial action is the strike. A strike involves the withdrawal from work of a group of employees to disrupt business operations as a means of expressing dissatisfaction.

A lockout is an extreme measure where employers physically prevent their employees from working by locking the gates to the work premises. By denying access to the building, managers effectively cut off the workers’ source of income and thereby force them to accept a management decision, negotiate or face a drawn-out dispute and financial difficulties

INDUSTRIAL PEACE

• The objectives of maintenance of industrial peace is not only find out ways and means to solve conflicts or to settle differences but also to secure the unreserved cooperation of and goodwill among different groups in industry.

• It also aims at the development of a sense of mutual confidence, dependence and respect and at the same time encouraging them to come to closer to each other for removing misunderstanding, redressing grievances, if any ,in a peaceful atmosphere and with open mind and fostering industrial pursuits for mutual benefits and social progress.

MEDIATIONUnable to reach an agreement through negotiation on their

own, mediation may be the next step.

Mediation is the intervention into a dispute by a neutral third party such as an employment relations specialist or a lawyer

Neither party is bound by the mediator’s suggestions

CONCILIATION A process by which representatives of employees and employers

are brought together before a third party with a view to discuss, reconcile their differences and arrive at an agreement through mutual consent.

The Industrial Disputes Act empowers the Central & State governments to appoint conciliation officers and a Board of Conciliation as and when the situation demands.

The conciliation officer however has no power to force a settlement

The Industrial Disputes Act prohibits strikes and lockouts during that time

If fails to bring about an agreement, then the parties will enter the final stage of arbitration

ARBRITATION

Arbitration act was passed in 1996. It means when two parties are

arguing they cannot come to an agreement they call someone in, who is

neutral and they figure out the matter. There are two types :

voluntary arbitration is non-binding. It implies that the two contending

parties, unable to compromise their differences by themselves or with

the help of mediator, agree to submit the conflict or dispute to an

impartial authority, whose decision will be ready to accept before it

goes for adjudication

Compulsory arbitration is non-binding. It is one where the parties are

required to accept arbitration without any willingness on their part. It

leaves no scope for strikes and lock-outs. It deprives both the parties of

their fundamental rights.

ADJUDICATION

The Industrial Disputes Act, 1947, provides a three – tier adjudication machinery

comprising.

1. Labour courts - Dismissal or discharge or grant of relief to workmen wrongfully

dismissed. Illegality or otherwise of a strike or lockout. Withdrawal of any

customary concession or privileges.

2. Industrial tribunals - Wages, Compensatory and other allowances, Hours of work

and rest intervals, Leave with wages and holidays, Bonus, profit-sharing, PF etc.,

3. National tribunals - Matters of National importance, Matters which are of a

nature such that industries in more than one state are likely to be interested in, or

are affected by the outcome of the dispute.

The appropriate government may, by notification in the official gazette, constitute one or more adjudication machinery. It is to submit its report to the appropriate government within the specified time.

PREVENTIVE MEASURES OF INDUSTRIAL DISPUTES

A. Schemes Of Workers’ Participation

Workers Committee, Joint Management Council Etc.

B. Collective Bargaining

C. Grievance Procedure

D. Tripartite Bodies

E. Bipartite Bodies

F. Code Of Industrial Discipline

H. Labour Welfare Officer

I. Standing Orders.

THANK YOU…