Industrial dispute

Unit - III

Industrial disputes are manifested in following forms:

STRIKEStrike means a cessation of work by a body of persons employed

in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to

accept employment.Primary strike Secondary or sympathy strike

LOCK-OUTSLockout 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.

GHERAO

PICKETING OR BOYCOTT

Types of ID given by ILO

Interest DisputeArise out of terms and conditions of employment either out of the

claims made by the employees or offer given by the employers.An interest dispute involves settling the terms of a new collective

agreement.

Grievance or Right DisputeA rights dispute involves the interpretation, application,

administration, or alleged violation of an existing collective agreement or award.

Causes of Industrial Dispute

1. Economic Cause: Demand for increase in wages on account of increase in all-

India Consumer Price Index for Industrial Workers. Demand for higher gratuity and other retirement benefits. Demand for higher bonus. Demand for certain allowances such as: House rent allowance Medical allowance Night shift allowance Conveyance allowance Demand for paid holiday etc.

2. Political Causes

3. Personnel Causes

4. Indiscipline

5. Misc. causes Workers' resistance to rationalisation introduction of new

machinery and change of place Non- recognition of trade union Rumours spread out by undesirable elements Working conditions and working methods Lack of proper communication Behaviour of supervisors Inter trade union Rivalry etc.

Consequences of industrial disputes

For Employers;• Decrease in output• Increase in cost of production• Fall in sales n fall in profits• In long run loss of good will

For Employees• loss of income

• psychological and physical consequences of forced idleness

• The threat of loss of employment

For the Nation;• an adverse effect on the national productivity,

national income. • cause wastage of national resources

Machinery for settlement of Industrial disputes

►Works Committee• for promoting dialogue between the employer and the workmen

and for securing and preserving amity• The appropriate government may require the employer to set-up

works committee for every industrial establishment employing 100 or more workmen

• comprising equal representatives of management and workmen• The main function is to endeavour to compose any difference of

opinion in matters of common interest and thereby promote measures for securing and preserving amity and cordial relations between the employer and workmen

►Conciliation Officer• The conciliation officer may be appointed by the government for

specified area or specified industries.• Their main duty is to investigate and promote settlement of disputes

by inviting the parties to come to a fair and amicable settlement.• Conciliation proceedings are obligatory in case of disputes in public

utility services• Conciliation officer to normally submit report within 14 days of

commencement of conciliation proceedings• Duty of the conciliation officer is administrative and not judicial in

nature

►Board of Conciliation• government may, as occasion arises, constitute a board of

conciliation with an independent person as chairman and equal representatives of the parties concerned as its members

• The board has to submit its report within two months of reference to it, or within such shorter periods as may be fixed by the government

• If the board fails to bring about settlement, a report is submitted to the government explaining full facts and reasons for the failure along with its findings

►Court of Enquiry• The government may constitute a court of enquiry to enquire into

any matter connected with an industrial dispute• The court may consist of one or more independent persons• It has to submit its report on the matters referred to it within six

months from the commencement of its inquiry• object is to enquire into and reveal the causes of an industrial

dispute

Adjudication• The Industrial Disputes Act provides for three-tier system of

adjudication of industrial disputes• The cases either may be referred by government to court after the

receipt of failure report from conciliation officer or directly by any party

• Labour courts and industrial tribunal may be constituted by the state government while national tribunal is constituted by the central government.

►Labour CourtConsist of 1 person only > who is an independent person below 65yrs age > is or has been the judge of high court > has been a district judge for not less than 3 years > has held any judicial office in india for not less than 7 years\Duties of Labour Court are > to hold adjudication proceedings expeditiously > submit its award to the appropriate govt as soon as practicable

on the conclusion of proceedings.

Jurisdictions 1) Legality of an order passed by an employer under the standing

order,2) Application and interpretation of standing orders,3) Discharge or dismissal of workman,4) Withdrawal of any customary concession or privilege,5) Illegality or otherwise of a strike or lock-out, and6) All matters (not specified for industrial court).

►Industrial TribunalsConsists of one or more persons > are or have been judge(s) of high court > are or have been District judge(s) for a period not less than 3 yrs > hold or have held the office of the chairman or any other

member of the Labour Appellate Tribunal for a period not less than 2 years.

The govt may, if it thinks fit, also appoint two persons as assessors to advise the tribunal in the proceedings before it.

Jurisdiction 1) All matters within jurisdiction of labour courts,2) Wages,3) Compensatory and other allowances,4) Hours of work and rest intervals,5) Leave with wages and holidays,6) Bonus, Provident Fund and Gratuity,7) Shift Working,8) Classification of grades,9) Rules of Disciplines, and10) Retrenchment and closure of establishment.

►National TribunalThe national tribunal shall be constituted by the Central

government (only) when undertakings in more than one state is affected by such industrial dispute and is of ‘national importance’.

Consists of on person only, > who has been a judge of high court > has held the office of the chairman or any other member of the

Labour Appellate Tribunal for a period not less than 2 years.

The govt may, if it thinks fit, also appoint two persons as assessors to advise the tribunal in the proceedings before it.