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CHAPTER-7
SUMMARY, CONCLUSIONS AND SUGGESTIONS
7.1.1 Origin and Development of Trade Unions
Labour and Management relations are a dynamic socio economic
problem in the process to resolve in any country of the world today. The
employers and the employees are systematically and constantly strive to
improve their values and work towards increasing production. A good
labour management relationship affords higher production providing for the
survival of the society. With a view to meet every situation in labour-
management relations the Labour Laws are sought to evolve a rational
synthesis between conflicting flames of the management and employees.
The labour-management examines the merits of the rival claims or
contentions and seeks to resolve the conflict by evolving the solutions
without summoning any injustice to the employers and solves the legitimate
claims of the employees. Therefore, the Labour Law seeks to regulate
relations between managements, trade unions and employees. The subject
of Labour Law and its access is wider than any other law, since it is related
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to the line of many employees and the economy of the country consumers
and employers as well.
The origin, growth and development of Trade Union Freedom are
determined by multiple concomitant factors and it is not feasible to isolate a
single factor from the rest in the context of the reluctant dynamics. In order
to have a scientific and rational study of the trade union freedom in India, it
is rather imperative to investigate and enquire into various economic,
political and legal situations available in some major countries where trade
union freedom has now become an integral part of the national main
stream.
Trade Unions play an important role in the settlement of industrial
disputes. The trade unions of employees and employers bargain collectively
in solving the grievances of the industrial workers. The workers’ union or
association as well as employers union have to be registered under the
Indian Trade Union’s Act, 1926 and under the existing law the expression
“Trade Union” includes both employers and workers organizations.
The Trade Union Movement in India has passed through the similar
conditions after the advent of factory system in India.
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The 1881 Act proved highly inadequate provisions regarding
protection to child labour devoid of any regulations for women labour.
Consequently, another Factory Commission was appointed in 1884. This
was the beginning of modern Trade Union Movement in India.
The period between 1931 and 1946 was considered to be an
important period when the employer organizations played an important role
in tackling the problems of the workers. Organizing Chambers of
Commerce and Industrial Associations for dealing with a variety of
problems connected with the labour matters too. The All India Organization
of Industrial Employers (AIOIE) and the Employers Federation of India
(EFI) came into existence in 1933 to comprehend and deal with the
problems of industrial labour in a concerted manner.
The All–India Manufacturers Organization (AIMO) followed in
1941. After the independence of India, the trade union movement became
very weak, internally divided and highly politicized. The workers got trade
union right to organize and to secure the settlement of industrial disputes
through industrial relation machinery as it existed and political right to
influence Government through tripartite at forums. Upto May 1947, All
India Trade Union Congress (AITUC) was the only and the principal
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central federation of Indian workers under the domination and patternize of
Indian National Congress and the AITUC did not toe the line of Congress
Party. In May, 1947 the INTUC with seasoned trade union leaders like Sri
Kandhu Bhai Desai, Sri Hariharnath Sastry and Sri Guljarilal Nanda, was
formed based on ideologically on the Gandian Philosophy of the Non–
Violence and resolution of disputes by peaceful means.
Trade Union which has been defined in the Industrial Disputes Act,
1947 includes Trade Union as well as Federation. Petitioners unions in
which the workmen are members and affiliated to the federation working in
the field in which the class of industry, the workmen are involved.
Therefore the petitioner union is competent to espouse the cause of the
workmen.
7.1.2. Role of Law Relating to Industrial Disputes
The Industrial Disputes Act, came into existence in the year 1947.
the term ‘Industry’ has been defined under sec 2(j) of the Act. This
particular definition has undergone interpretative process for more than
hundred times. The activities ranging from hair cutter’s saloons to those of
the educational as well as religious institutions have been included in its
periphery by the “interpretative technology”. The comparison of the
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decided cases also has added into confusion. The Supreme Court tried for
minimizing this confusion by laying down ‘triple test’ in Bangalore Water
Supply Case and in this also all the judges empathetically demanded for
the reform of the definition of ‘Industry’. In the year 1982, the amendment
was made in the definition of ‘Industry’ but for one or the other reason, it
was not bought into operation.
As regards Industrial Disputes Act 1947, from time to time, Supreme
Court has broadened the various definitions viz; public utility practice,
termination, settlement, trade union, unfair labour practice, wages,
workmen etc. Whenever the Supreme Court interpreted the various
provisions of the I.D. Act, 1947, the Parliament amended the Act
accordingly. Thus, the Supreme Court has been instrumental in developing
and explaining the scope and meaning of industrial laws. This particular
fact has been reflected in the interpretation of the term ‘Industry’ and
‘Industrial Disputes’ defined under Act, 1947. The Supreme Court has
played vital role in clearly defining these terms so that the aggrieved
employee may get the maximum benefit to which he is entitled.
The Industrial Disputes Act, 1947 is one of the prime Act, providing
the machinery for regulating the rights of the employers and employees and
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settlement of industrial disputes in harmonious way by conciliation,
negotiations and mediation. Even the voluntary arbitration or compulsory
adjudication by the authorities is created under this statue with the active
participation of the worker’s unions. All the matters attached to
employment and subjects connected with employment, non-employment,
terms of employment or with the conditions of labour of industrial
employees, which are the subject matter of industrial dispute, can be
settled with the help of dispute settlement machinery provided under the
ID Act 1947.
7.1.3. International Labour Organization Conventions and
Recommendations
International Labour Organisation (ILO) is the most important
organisation in the world level and it has been working for the benefit of
the workers throughout the world. It was established in the year 1919. It is a
tripartitiate body consisting of representatives of the Government,
Employer, workers. It functions in a democratic way by taking interest for
the protection of working class throughout the world.
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It is also working at the international level as a ‘saviour of workers’
‘protector of poor’ and it is a beacon light for the change of social justice
and social security. The I.L.O examines each and every problem of the
workers pertaining to each member country and discusses thoroughly in the
tripartitiate body of all the countries. The I.L.O passes many Conventions
and Recommendations on different subjects like Social Security, Basic
Human Rights, Welfare Measures and Collective Bargaining. On the basis
of Conventions and Recommendations of I.L.O. every country incorporates
its recommendations and suggestions in its respective laws.
India has been member of the I.L.O since its inception in the year
1919. Though India was not won independence by that year 1919, it was
admitted to the membership of the I.L.O. However its membership, of the
League of Nations and the I.L.O had not gone unchallenged.
The I.L.O and India have common aims, goals and destiny, for, both
of them are committed to world peace freedom and social justice. Both are
striving for the socio economic betterment of the long suffering long
forgotten people as well as the people who are under privileged and under
nourished with the fullest realization that any further delay would fatal for
themselves and the whole world. In essence there is a close resemblance
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between the I.L.O. Philadelphia Charter of 1944 and the Fundamental
Rights, and Directive Principles of State Policy under Indian Constitution
and all these basic documents enshrined the principles of freedom,
individual dignity and social justice.
7.1.4 Judicial Response to Industrial Disputes
The role of management and Trade Unions in settlement of
Industrial Disputes is very important and dynamic concept specially in
India where the relations between capital and labour is very critical in view
of poverty, illiteracy, and the ignorance of the majority of the workers in
organized industry and also in unorganized sectors. Therefore always many
conflicts between these two parties arise frequently posing a great threat to
the industrial peace and production is affected and ultimately the progress
of the society gets crippled at this juncture now it is the responsibility or
obligation of the judiciary to interfere and settle the disputes to set right the
machine of industry for the progress of the nation.
The role of the judiciary in this regard mention must be made that
Justice Krishna Iyer in the case of Indian Express News Papers Pvt. Ltd.,
Vs Indian Express News Papers Employees Union said that “industrial
jurisprudence is not static, rigid or textually cold but dynamic, burgeoning
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and warm with life answering negatively the biblical interrogation. The
Industrial Tribunal of India in areas unoccupied by precise block letter law,
go by the constitutional mandate of social justice in the claims of the little
people”. It can be pointed out here that in every state certain ideas or values
will be followed and they can be achieved through various laws. These
values are very important to the society because through these ‘values’ the
state desires to mould the society. In India these ‘values’ are ‘fundamental
principles’ which are projected in the Constitution.
The Constitution of India embodies the noble and grand vision of
liberty, equality, and fraternity and also promise to secure social, economic
and political justice. The Constitution of India desires to attain these goals
through the legislation and judiciary. In this manner the Constitution has
served as basis for jurisprudence The same is true in the case of industrial
jurisprudence, therefore it is said that India Constitution law is the touch
stone to the development of industrial jurisprudence in India.
The industrial jurisprudence in India is value oriented and seeks to
attain a very just and social order. The Industrial Dispute Act, 1947 is a
peace of welfare legislation desired to achieve social as well as economic
justice which is the aim of industrial jurisprudence.
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The Supreme Court in India and High Courts under the parameters
of constitutional philosophy have played a unique role through power of
judicial review which has tendered to revolutionize the methods,
approaches and interpretations opposed to attitude adopted by the
employers slowly and systematically a new industrial jurisprudence as
grown with a decisive thought towards social justice. Faith in the rule of
law compels us to understand the implication of Constitutional Law in
labour relations and industrial adjudication.
The Government of India introduced a system of compulsory
conciliation and adjudication machinery to achieve the objectives of
maintaining industrial peace, productivity and social justice because of the
workers who were very weak and incapable to bargain with the employer
and settle the dispute. With a view to relax the legislative grip and to
promote industrial democracy the judiciary has made new dimensions in
maintaining the industrial relations.
In India it is known fact that the strikes are frequently resorted by the
workers and the Trade Unions because of various reasons such as lack of
proper Trade Union consciousness and lack of legal awareness about the
consequences of strikes.
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The trade unions leaders emotionally declare strikes against the
employers using different methods. The causes of the strikes are many such
as non payment of proper wages, stringent working conditions, failure of
collective bargaining system and other methods of settlement of industrial
disputes, involvement of political parties, dominating attitude of the
management, failures in providing labour welfare and the social security
etc.,
The strikes and lock–outs are powerful weapons in the armoury of
workmen and employers and are available when a dispute or struggle arises
between them. Threats of their use even more than their actual use,
influence the course of the contest. The threat is often explicit much more
often tacit but not for that reason less effective.
As recognized by many international instruments and declarations,
labourers are the most vulnerable group in any society. The intention of the
Supreme Court is to provide greater flexibility for the vibrant economic
growth by removing the obstacles must be balanced by taking an equitable
approach accommodating the higher goals of social justice. The Hon'ble
Supreme Court has itself on numerous occasions championed the rights of
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the workers underscoring the reason for such a protection because of their
vulnerable position and reading the same into the Constitution.
7.1.5 Labour Management Relations in SCCL:
The role of managements in settlement of industrial disputes in any
industry is very important for the maintenance of labour management
relations. The labour management or settlement of industrial disputes
systems are built on a frame work of labour law, which execrates an
influence on the nature of industrial relations approach.
The role of law for the settlement of disputes will have to be
examined in resolving the conflicts between the labour and management.
Always the approach of the management is in refusing the grievances or the
demands submitted by the workers with a view to earn more profits.
The workers also on many occasions pressurize the managements to
accede their demands or grievances. Therefore the labour management
relations will have to be maintained by both the parties.
To extract an in-depth analysis on the concept of settlement of
industrial disputes between the management and the labour, the researcher
has studied and examined the labour-management relations that have been
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prevailing in Singareni Collieries Company Limited since its inception. As
SCCL is one of the important coal mining industries in India, which is
situated in the State of Andhra Pradesh is selected as a sample for the study.
Coal was discovered by Dr.William King of the Geological Survey
of India discovered coal near the village of Yellandu in Khammam District
of Andhra Pradesh State in the year 1871. The Hyderabad Deccan
Company was incorporated in England in the year 1886. The Company was
incorporated on 23rd December, 1920 under the Hyderabad Companies Act
as a public limited company with the name “Singareni Collieries Company
Limited (SCCL)”.
Singareni Collieries Company Limited has several strategic
advantages ranging from huge coal reserves to client proximity being the
only coal producing company in South India. The company harnesses its
locational advantage to service a large market in and out of its areas of
operations. About 3500 major, medium and small-scale industries from its
customer list which includes diverse industries such as thermal power
plants, steel, paper, textile, tobacco, ceramics, pharmaceuticals, distilleries
etc.
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Singareni Collieries Company Limited supplies coal to several
Thermal Power Plants including NTPC (Ramagudam), APGENCO Power
Stations in Andhra Pradesh and power stations in Karnataka, Maharashtra
and Gujarat states.
The customers of the Singareni Collieries Company are broadly
categorized as core sector non-core sector customers.
The core sector industries include power houses, captive power
plants, major and mini cement plants, defence, railways etc.
The non-core sector industries include paper, textiles, ceramics, ,
chemical, bricks, tobacco redrying, pharmaceuticals etc.
With the growing demand in Singareni Collieries Company,
however the problem of industrial relations has been growing in magnitude
of its activities with passage of time. So, the researcher has dealt with
various issues related to the performance of the company during the last 23
years, the number of strikes, mandays lost, production lost and its impact
on Singareni Collieries Company Limited.
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The table 6.1 reveals that during the years 1988 to 1993 the number
of strikes was very high in SCCL. In the rest of the years the strikes were
less. During the period of 2007-2008, no single strike took place. In 2008 -
2010 as part of separate Telengana movement the bandh call was given in
response to the call given by the Joint Action Committees, and the strikes
occurred in response to the call given by National Trade Unions at all India
level.
The settlement of industrial disputes is very important concept
between the labour and management in India. Since the commencement of
modern industrial era, the industrial peace is often adversely affected by
conflicts between the workers and management.
The main objectives of the industrial development can be achieved
by preventing industrial disputes. Identification of the grievances of the
workers and prevention and settlement of industrial disputes is an integral
part of maintenance of sound industrial relations.
The close examination of table number 6.2 reveals that the most of
the cases of the industrial disputes are related to dismissal on absenteeism
ground only. Out of 358 cases 309 are dismissal on absenteeism caused due
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to bad working conditions, hazardous nature of work and due to ill health of
workers leading to the loss of employment.
The close examination of table number 6.3 reveals that the most of
the cases are pending writ petition before the High Court of Andhra
Pradesh relating to the dismissal and promotion and for the stoppage of
gratuity of workers, penal rent recovery for illegal occupation of the
company quarter after retirement, 86 cases per pending.
With a view to handle the various problems relating to the industrial
disputes many measures have been taken in Singareni Collieries according
to the information furnished by the management and trade unions. These
measures broadly classified as preventive measures in Singareni Collieries
Company. According to the Industrial Disputes Act, 1947, the constitution
of Works Committee is one of the important steps for the prevention of the
industrial disputes. Works committee has been constituted in SCCL in all
the mines which is called mine Committee. This Committee is constituted
mainly to discuss matters relating to production, welfare and safety.
In SCCL the workers participation in management for the first time
was introduced in the year 1971-72 by constituting a Mines Committee in
each and every mine.
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In accordance with the policy, SCCL reconstituted Mines
Committees to resume the functions of Staff Committees at the Mine level,
and the joint councils at plant level, with the representation of the
management and workers.
In Singareni Collieries Company Limited a grievance procedure has
been evolved and has been followed since a long time. The SCCL
Industrial Relations Wing Corporate Personal Department in its Reference
No. CRP/PER/IR/1/ 260/2180, dated 19.09.2009, has communicated in a
circular to all pits and departments, collieries, stating that there is a need to
educate the workmen on grievances redressal machinery for solving the
genuine grievances.
Where a worker is not satisfied with the formal decision, the
employee has the right to appear to the management for revision.
If the measures adopted for the prevention of industrial disputes
prove to be failure, and a strike or lockout is apprehended or declared then
the other methods for the settlement of disputes will have to be identified.
When the dispute emerge, it is essential that it should be amicably
settled to the satisfaction of the both the parties. The methods available for
the settlement of industrial disputes according to the I.D.Act, 1947.
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In accordance with the provisions of the Industrial Employment
(standing orders) Act, 1946 the Singareni Collieries Company formulated
and issued the standing orders with details relating to hours of work,
payment of wages, attendance on holidays, late coming, leave facilities,
termination of employment, stoppage of work, misconduct etc.
The Mines Act, 1952 is applicable to the Singareni Collieries
Company Limited which seeks to regulate the working conditions in coal
mines for providing measures to be taken for the safety of workers
employed there in and certain amenities for them.
In view of great importance attached to the trade unions in the
industrial relations system, the researcher has made an attempt to discuss
the role of trade unions in Singareni Collieries Company Limited and its
impact on industrial relations.
At present the major trade unions in Singareni Collieries company
limited, are Singareni Collieries Workers Union, Singareni Coal mines
labour union, Centre for Indian Trade Union, Godavari loya, Boggaghani
Karmika Sangham, Singareni Mechanical Electrical Workers Union,
SCMK Sangh and Telangana Boggughani Karmika Sangham.
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The trade union movement of SCCL is inseparable from the political
affiliation. In fact the first union established in SCCL was at the instance of
AITUC which was affiliated to Communist Party of India. This union has
actually become the burnt of initial problems in organizing workers
movement in SCCL. At present, the unions in SCCL are affiliated to
different political parties. The Singareni Collieries Workers Unions
(SCWU) is affiliated to Communist Party of India and the Singareni
Collieries Employees Union (SCEW) is affiliated to Indian National
Congress, Telangana Boggugani Karimika Sangam is affiliated to political
party of Telangana Rastra Samithi. The CITU is affiliated to Communist
Party of Marxists. The BMS union is affiliated to Bharatiya Janatha Party.
The majority trade unions are affiliated to one or the other political parties
in SCCL.
In view of the existence of the number of Trade Unions in SCCL,
the problem of official recognition assumes paramount importance. But due
to the absence of any fixed guide lines on principles, the recognition
procedure adopted by the management invited criticism from the rival
unions. The first trade union i.e., the Singareni Collieries working union
(SCWU) was recognized as early as 1948. This union was recognized for
all the mines in SCCL.
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As per Code of Discipline, since the SCCL is a multiunit industry, it
has been agreed to have area level representative status unions to take up
the issues relating to the respective are and that area level trade unions
cannot take up company level issues or the issues that cover entire
workforce. After the conduct of secret ballot for union elections right from
he year 1998, there has been awareness among the workmen about the role
to be played by the recognized union in the new environment. The
management has also activated its strategy to communicate with the
workmen and their families to protect the interests of the company as well
as workmen.
The secret ballot method adopted by SCCL has increased awareness
levels of SCCL workers and has yielded good results in as much as the
number of flash strikes which are used to be in the range of 300 to 400 a
year have come down.
Collective bargaining as a method of settlement of the disputes has
been prevalent in SCCL from 1974 onwards. Many collective bargaining
agreements were made from the period 1995 to 2010 between the
representatives of the management of M/s. Singareni Collieries Company
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Limited (A Government Company), Kothagudem and their workmen
represented by the various Trade unions in the Company.
7.2 TESTING OF HYPOTHESIS:
Having made a sagacious effort to study the role of managements
and trade unions in settlement of Industrial disputes with special reference
to Singareni Collieries Company Limited, the hypothesis formulated have
been tested and proved.
1) Regarding the political affiliation, it is found that the influence of
political parties is breaking the trade union movement in SCCL and
causing union rivalries. From the above observation the expected
hypothesis. “The multiplicity of trade unions affiliated to many of
the political parties affected the collective bargaining system and the
trade union rivalry has been widened” is proved to be true.
2) It is found that a clear cut grievance procedure has been evolved in
SCCL to redress the grievances of the workers. It is found that the
grievances related to the violation of promotion rules, un satisfactory
working conditions, inadequate fringe benefits, victimisation of
workers etc. The workers are not satisfied with the existing
grievance procedure because of their complex nature, indifferent
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attitude of the management and indifferent attitude of rival trade
unions. Thus the second hypothesis “the managements are not able
to follow the procedure laid down under Industrial Disputes Act,
1947” found to be correct.
3) After thoroughly studying the conventions and recommendations of
the ILO, it is found that for legally binding norms are having a
significant role. Ratification of a convention imposes legally binding
obligation on the country concerned as such the total conventions
are not ratified by the countries. The aim of the ILO is improve the
conditions of labour around the world appears to be not fulfilled.
Thus it can be said that the fourth hypothesis, “the ILO convention
and recommendations are not being implemented” is proved to be
true.
4) The intention of the Supreme Court of India to provide greater
flexibility for the vibrant economic growth by removing the
obstacles must be balanced by taking an equitable approach
accommodating higher goals of social justice. Thus, here the third
hypothesis, “the role played by the judiciary is very significant in
providing social justice to the workers” can be considered suitable.
341
5)The secret ballot method adopted by Singareni Collieries Company
Limited increased awareness levels of SCCL workers has yielded
good results in as much as the number of flash strikes which used to
be in the range of 300 to 400 a year have come down. From the
above observation it can be said that the fifth hypothesis, “the
relationship between the trade unions and management in Singareni
Collieries Company is very harmonious” is proved to be true.
7.3 CONCLUSIONS AND SUGGESTIONS:
The Researcher, having carried out a comprehensive study on the
role of managements and trade unions in settlement of Industrials Disputes
with special reference to Singareni Collieries Company Ltd., and the study
forwards the following conclusions and suggestions for effective and
harmonious labour management relations.
1) A review of evolution of trade unions in SCCL has revealed that
the trade union activities in the Company have been increasing
from time to time. But along with the growth of trade union
movement, the number of unions was also increased.
2) At present SCCL there are two recognised trade unions namely
AITUC and INTUC. The recognition of a union is based on
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verification of membership of union claiming its majority followed
by Central Industrial Relations Machinery. The trade union leaders
have revealed that a majority of them are not satisfied with the
present method adopted for the recognition of a union. They have
expressed their preference for secret ballot method to the test check
method.
It is suggested that measures like developing a common
understanding among the rival trade unions, making efforts to implement
the one union-for-one-industry principle, non- interference of management
in the union activities and increasing statutory limit of minimum members
to form a union can contribute for developing co-operation and co-
ordination among the unions.
3) Regarding the political affiliation, it is found that the influence of
political parties in breaking the trade union movement in SCCL and
causing union rivalries is apparent.
4) As for the trade union leadership, it is found that most of the office
bearers of present unions are outsiders. However most of their
outside leaders have been ex-employees of the Company. Therefore,
these leaders possess required knowledge about the work, working
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conditions and the dynamics of industrial relations at company level.
5) It is generally observed that the internal leadership from the workers
is being encouraged if such workers are committed to political
ideology of the party controlling the union. Loyalty to the party is
considered the essential pre-requisite for trade union leadership.
Regarding the role of outside leadership most of the workers
expressed their satisfaction and stated that they play very useful role.
6) They have pointed out that outside leaders can bargain more boldly
and efficiently with management than the internal leaders. In
addition, these leaders can bring pressures and influence from
outside on the management to get the things done.
7) A study of the trends in industrial disputes in SCCL shows that there
has been a constant increase in the number of disputes arising in the
company.
However, it is found that most of these disputes are being settled at
different levels and, therefore, the disputes are not generally allowed to
result in strikes and work stoppages.
8) In SCCL, Welfare Officers have been appointed at Mines,
Workshops, Coal Screening Plants and Departments in accordance
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with the statutory provisions. But these Officers are not able to do
complete justice to their functions because of their low status in the
organisational hierarchy, lack of adequate knowledge about their
duties and sometimes it was due to lack of, commitment. As a result,
the Welfare Officer are able to settle the grievances of the workers
only to limited extent.
9) An examination of the functioning of Works Committees (Mines
Committees) in SCCL has revealed that these committees are able to
settle the grievances to a very limited extent. The workers as well as
management representatives have their own reservations regarding
the effective functioning of these Committees. It is generally noticed
that, except minor problems, most of the other problems are not
settled in Mine Committees.
10)Regarding the implementation of the Standing Orders, it is noticed
that there have been a number of instances of non- adherence to
them by management as well as workers. The workers have a feeling
that the Standing Orders are out-dated and, therefore, they need to be
revised. The Management has felt that due to the intervention and
pressure of trade unions, they are not able to take disciplinary action
against the workers violating the Standing Orders.
345
11)It is found that a clear cut grievance procedure has to be evolved in
SCCL to redress the grievances of the workers. It is found that
generally the grievances arise out of violation of promotion rules,
unsatisfactory working conditions, inadequate fringe benefits,
victimisation of workers etc. It is also found that most of the workers
are not satisfied with the existing grievance procedure because of
their complex nature, indifferent attitude of the management and
indifferent attitude of rival trade unions.
It is suggested that the management should thoroughly over-haul the
existing grievance procedure and take necessary steps to redesign simple,
meaningful and a widely acceptable grievance procedure.
12)Regarding the workers participation in management the company
has established Mine Committees and Joint Management Councils at
different levels in the SCCL. But the limited scope and powers of the
Committees, non-adherence to the decisions by the management,
indifferent attitude towards the issues raised by workers are some of
the reasons contributing to the failure of the scheme. Further lack of
understanding of the problems, un-compromising attitude of the
workers and politicisation of issues are the reasons for failure of the
scheme.
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It is suggested that the reasons for the failure of the scheme should
be identified and that both the parties evolve suitable methods to remove
these deficiencies.
13) It is observed that Conciliation method is generally used as first step
to settle the disputes in SCCL. An examination of the cases referred
to Conciliation revealed that there is an increasing trend in the
disputes reported to Conciliation machinery. It is found that there
have been delays in the settlement. But in most of the cases despite
the delays, the Conciliation machinery is able to prevent number of
strikes which would have otherwise spoiled industrial relations and
its atmosphere.
14)With regard to Arbitration method, it is found that neither the
workers nor the management utilised this method frequently.
15)The Adjudication machinery is another method widely used by the
workers when the dispute is not settled at the early stages.
Adjudication may not be a satisfactory method because of the delays
and the expenses involved in the settlement of disputes.
16)In SCCL Collective Bargaining is one of the important instruments
used for preventing and settling industrial disputes. However, there
have been very few collective bargaining agreements between
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management and trade unions in the company. This is partly on
account of coverage of important issues in the national level wage
agreements and in part due to lack of understanding between
workers and management.
17)Regarding the choice of the settlement method, trade union leaders
preferred Conciliation and Adjudication methods.
The management being transparent objective and responsive in
dealing with the workers issues, it can be said that there is a good
relationship between the management and trade unions in the industry.
18)The researcher further suggested for the harmonious labour
management relations in India and there is an urgent need to
implement the Second National Labour Commission Report
immediately, while taking the following suggestions into
consideration:
1) The voluntary resolution of disputes should be encouraged
over the settlement of disputes through adjudication
2) There should be a system of recognition of trade union as
negotiating agent, so that the employer can negotiate with that
recognized negotiating agent.
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3) A tripartite National and State level councils of employment
should be set up to monitor and plan problems relating to
employment.
4) Training of workers and managerial personnel in the art of
participative management is a prerequisite for the scheme of
workers participation in management. Workers participation
in management should be made compulsory without any
distinction with the public, private and co operative sectors.
5) A suggested by first National Labour Commission, industrial
Relation Commission should be constrained immediately at
both Central and State level to adjudicate Industrial
representative unions. At the same time, the existing
machinery should be streamlined. Otherwise the desired
result will not be achieved.
6) Collective bargaining cannot exist without the right to strike
or lock-out. That’s why, the right to strike should be a made
at least as a legal right.
7) Code of conduct should be strictly applied to trade union
organizations as well as employers.
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8) As suggested by second National labour Commission,
National Social Security Authority should be constituted.
9) As suggested by Second National Labour Commission, the
existing Labour laws should be broadly grouped into five
groups of Laws pertaining to (i) Industrial relations (ii) wages
(iii) Social Security (iv) Safety (v) Welfare and working
conditions.
10) A Grievance Redressal Committee should be constituted to
settle the industrial disputes amicably.
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