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Page 1: Industrial Disputes
Page 2: Industrial Disputes

INTRODUCTIONINTRODUCTION

• 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, gate meeting, gheraos, etc.

Page 3: Industrial Disputes

INDUSTRIAL CONFLICTS

INTEREST DISPUTES – It

arises out of deadlocks in negotiation

GRIEVANCE DISPUTES – Arise from day

to day grievances.

UNFAIR LABOUR

PRACTICES – Arise from acts of interference with

the exercise of right to organise, Acts

etc.

RECOGNITION DISPUTES – Arise due to the

recognition of trade union as a bargaining agent.

Page 4: Industrial Disputes

DEFINITION OF DISPUTEDEFINITION OF DISPUTE According to Industrial Dispute Act, 1947, According to Industrial Dispute Act, 1947,

Section 2(k), Section 2(k), Industrial Disputes means “any Industrial Disputes means “any

dispute or difference between dispute or difference between employers employers and employersand employers, or between , or between employers and employers and workmanworkman or between or between workmen and workmen and workmenworkmen, which is connected with the , which is connected with the employment or non – employmentemployment or non – employment or terms or terms of employment or with the conditions of of employment or with the conditions of labour of any person”.labour of any person”.

ID means disputes relating toID means disputes relating to existing existing industryindustry..

Page 5: Industrial Disputes

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 employment or with the condition of labour of any person (but not with the managers or supervisors), or it must be pertaining to any industrial matter;

Page 6: Industrial Disputes

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.

Page 7: Industrial Disputes

CAUSATIVE FACTORS OF CAUSATIVE FACTORS OF INDUSTRIAL CONFLICTSINDUSTRIAL CONFLICTS

(1)(1) INDUSTRIAL FACTORSINDUSTRIAL FACTORS

(a)(a) Matters related to employment, work, Matters related to employment, work, wages, hours of work, privileges, rights wages, hours of work, privileges, rights and obligation of employees, terms and and obligation of employees, terms and condition of employment.condition of employment.

(b)(b) Dispute often arise because of the Dispute often arise because of the population explosion and rising population explosion and rising unemployment.unemployment.

(c)(c) Increasing prices of essential commodities.Increasing prices of essential commodities.(d)(d) The attitude and temperament of The attitude and temperament of

industrial workers. industrial workers.

Page 8: Industrial Disputes

MANAGEMENT ATTITUDE TOWARDS MANAGEMENT ATTITUDE TOWARDS WORKERSWORKERS

(a)(a) Disinterest of management to discuss with the Disinterest of management to discuss with the workers and their representatives.workers and their representatives.

(b)(b) Management’s unwillingness to recognize a Management’s unwillingness to recognize a particular trade union.particular trade union.

(c)(c) Unwillingness of management to delegate required Unwillingness of management to delegate required authority to its officials for the purpose of discussing authority to its officials for the purpose of discussing with trade union.with trade union.

(d)(d) Taking management side by the management Taking management side by the management officials while discussing the issues in collective officials while discussing the issues in collective bargainingbargaining

(e)(e) Disinterest of the management in involving the Disinterest of the management in involving the workers in decision making.workers in decision making.

Government MachineryGovernment Machinery(a)(a) Most of the labour laws lost their irrelevancy in the Most of the labour laws lost their irrelevancy in the

context of the challenges of present industrial context of the challenges of present industrial climate.climate.

(b)(b) Instability in economy and political factors.Instability in economy and political factors.

Page 9: Industrial Disputes

c)c) Inability to check employers in implementing Inability to check employers in implementing labour laws.labour laws.

d)d) A little confidence on employees and employers A little confidence on employees and employers in government’s conciliation machinery.in government’s conciliation machinery.

e)e) Inability of government’s conciliation machinery Inability of government’s conciliation machinery in doing its job effectively.in doing its job effectively.

f)f) Influence of political parties which is in power Influence of political parties which is in power on trade union.on trade union.

OTHER CAUSESOTHER CAUSES

(a) (a) Affiliation of trade unions with political party Affiliation of trade unions with political party and political leadership of trade union.and political leadership of trade union.

(b) Political instability, poor center – state relations.(b) Political instability, poor center – state relations.

(c) Other political reasons like character crisis, (c) Other political reasons like character crisis, values etcvalues etc. .

Page 10: Industrial Disputes

INDUSTRIAL DISPUTES

STRIKES LOCK - OUTS

1.Primary Strikes

2. Secondary Strikes

Stay-away

Sympathy Strike

Go Slow

Work to

rule

Token or Protest strike

Lightening or Cat-call

strike

Picketing and

BoycottGherao

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

1. General

2. Particular

3. Political

4. Bandhs

3.Others

Page 11: Industrial Disputes

STRIKES

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”.

Page 12: Industrial Disputes

1. PRIMARY STRIKE

PRIMARY STRIKES generally aimed against the employer with whom the dispute exist. These are of following type

I. 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.

II. Sit – Down or Stay – in Strike – Workmen come to their place, they stay at work place but they don’t work.

III. Token or Protest strike – workmen don’t work for an hour or a day.

Page 13: Industrial Disputes

IV.IV. Go SlowGo Slow – Workers – Workers intentionally reduceintentionally reduce the the speed of work (anything less than normal speed of work (anything less than normal work)work)

V.V. Work to Rule/Work to DesignationWork to Rule/Work to Designation – – Strikers undertake the work according too rules Strikers undertake the work according too rules or job description.or job description.

VI.VI. Picketing Picketing – It is an act of posting pickets and – It is an act of posting pickets and implies machinery or patrolling of the workman implies machinery or patrolling of the workman in front of the premises of the employer.in front of the premises of the employer.

VII.VII. Boycott Boycott – It aims at disrupting the normal – It aims at disrupting the normal functioning of the enteprise.functioning of the enteprise.

VIII.VIII. GheraoGherao – It is a physical blockade of a target – It is a physical blockade of a target either by encirclement, intended to block the either by encirclement, intended to block the regress and ingress from and to a particular regress and ingress from and to a particular office, workshop etc.office, workshop etc.

IX.IX. Hunger StrikeHunger Strike – It is restored to either by – It is restored to either by leaders of the union or by some workers, all at leaders of the union or by some workers, all at a time in small batches, for a limited period of a time in small batches, for a limited period of time. time.

Page 14: Industrial Disputes

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.

Page 15: Industrial Disputes

PREVENTION OF STRIKE

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

Page 16: Industrial Disputes

LOCKOUTS

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”.

Page 17: Industrial Disputes

FOLLOWING DOES NOT CONSTITUTE FOLLOWING DOES NOT CONSTITUTE “LOCKOUTS“LOCKOUTS”

(A) Prohibiting an individual employee.(B) Termination of employment by

retrenchment.(C) Termination of services for more than

one person at the same time would not be lockout.

(D) Declaration of an employer by an employer merely on the ground that the workman have refrained from attending to work.