19082799 Industrial Disputes

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INTRODUCTIONINTRODUCTION

INDUSTRIAL PEACE ± It implies the absence ofindustrial unrest or the existence of a harmoniousrelationship or cooperation between lab our and

capital.INDUSTRIAL UNREST ± It is the result of thediscontent of workers and management. Ittakes an organized form when the w orkpeople make c ommon cause for thei r gr ievance against empl oyers th rou ghmani f estati on of st r ikes, dem onst ration,picketing, m orchas, gate meeting, ghe raos,etc .







ESSENTIAL CONDITIONS FOR

INDUSTRIAL DISPUTESThere must be a dispute or a difference ² (a)between employers and employers (e.g. wage

welfare where labour is scarce ); (b) betweenemployers and workmen(demarcationdisputes) ; (c) between workmen and

workmen;

It is connected with the employment or nonemployment 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;



A workman does not earn wages exceeding Rs. 1000per month;

The relationship between the employer and the

workman should be in existence and should be theresult of the contract and the workman actually employed.



CAUSATIVE FACTORS OF CAUSATIVE FACTORS OF INDUSTRIAL CONFLICTSINDUSTRIAL CONFLICTS

(1)(1) IN D USTRIAL FACTORSIN D USTRIAL FACTORS

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

(b)(b) Dispute often arise because of the populationDispute often arise because of the population

explosion and rising unemployment.explosion and rising unemployment.(c)(c) Increasing prices of essential commodities.Increasing prices of essential commodities.(d)(d) The attitude and temperament of industrialThe attitude and temperament of industrial

workers. workers.



M ANAGE M ENT ATTITUDE TOWARDS M ANAGE M ENT ATTITUDE TOWARDS WORKERS WORKERS

(a)(a) Disinte rest of management t o discuss with the w orkers andDisinte rest of management t o discuss with the w orkers andthei r representatives.thei r representatives.

(b)(b) Management·s unwillingness t o recognize a pa r ticular Management·s unwillingness t o recognize a pa r ticular trade union.trade union.

(c)(c) Unwillingness of management t o delegate requiredUnwillingness of management t o delegate requiredauth or ity to its off icials for the p ur pose of discussing withauth or ity to its off icials for the p ur pose of discussing withtrade union.trade union.

(d)(d) Taking management side b y the management off icialsTaking management side b y the management off icialswhile disc ussing the iss ues in c ollective ba rgainingwhile disc ussing the iss ues in c ollective ba rgaining

(e)(e) Disinte rest of the management in inv olving the w orkers inDisinte rest of the management in inv olving the w orkers indecision making.decision making.

GOVERN M ENT M ACHINERY GOVERN M ENT M ACHINERY (a)(a) Most of theMost of the lab ourlabour laws l ost thei r irr elevancy in the c ontextlaws l ost thei r irr elevancy in the c ontext

of the challenges of present ind ust r ial climate.of the challenges of present ind ust r ial climate.(b)(b) Instabilit y in economy and p olitical f actors.Instabilit y in economy and p olitical f actors.



c)c) Inabilit y to check empl oyers in implementingInabilit y to check empl oyers in implementinglabourlabour laws.laws.

d)d) A little c onf idence on empl oyees and empl oyers inA little c onf idence on empl oyees and empl oyers ingovernment·s c onciliati on machine ry .government·s c onciliati on machine ry .

e)e) Inabilit y of government·s c onciliati on machine ry inInabilit y of government·s c onciliati on machine ry indoing its j ob eff ectivel y.doing its j ob eff ectivel y.

f )f ) In f luence of political pa r ties which is in p ower onIn f luence of political pa r ties which is in p ower ontrade union.trade union.

OTHER CAUSESOTHER CAUSES

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

(b) Political instability, poor center(b) Political instability, poor center ² ² state relations.state relations.

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



INDUSTRIAL DISPUTES

STRIKES LOCK - OUTS

1.PrimaryStrikes

2. SecondaryStrikes

S tay-away

S ympathy S trike

GoS low

Workto

rule

Token or Protest

strike

Lighteningor Cat-call

strike

Picketingand

Boycott

GheraoS it down;

stay-in; tool

down or pendown strike

1. General

2. Particular

3. Political

4. Bandhs

3 .Others



STRIKES

S TRIKE is the result of more fundamentalmaladjustments , injustices and economic disturbance .

According to Peterson, ³strike is the temporarycessation of work by a group of employees in order to

express grievances or to enforce a demandconcerning changes in work conditions´. According to section Industrial Dispute Act, 1947,S ection 2(q)

³A cessation of work by a body of persons employed in any industry, acting incombination or concerted refusal under a commonunderstanding, of a number of persons who are or have been so employed to continue to work or toexcept employment´.



1. PRIMARY STRIKE

PRIMARY S TRIKE S generally aimed against theemployer with whom the dispute exist . Theseare of following type

I. S tay ² away S trike ± Workmen do not come to the

workplace during the prescribed working hours.They organize rallies and demonstrations with aview to drawing the attention of the employer totheir grievances.

II. Sit ² Down or Stay ± in S trike ± Workmen come totheir place, they stay at work place but they don¶twork.

III. Token or Protest strike ± workmen don¶t work for anhour or a day.



IV .IV . G o Slow G o Slow WorkersWorkers intentionally reduceintentionally reduce th eth espeed of work (any thi ng less th an normal work)speed of work (any thi ng less th an normal work)

V. V. W ork to Rule/ W ork to Designation W ork to Rule/ W ork to Designation St rikersSt rikersunder t ake th e work accord ing t oo rules or jobunder t ake th e work accord ing t oo rules or jobdescr iption.descr iption.

VI. VI. Picketing Picketing I t is an ac t of pos ting p icke t s andI t is an ac t of pos ting p icke t s andimpl ies mac hinery or pa t rolling of th e workman inimpl ies mac hinery or pa t rolling of th e workman infron t of th e prem ises of th e employer.fron t of th e prem ises of th e employer.

VII. VII. Boycott Boycott I t a ims a t disrup ting th e normalI t a ims a t disrup ting th e normalfunc tion ing of th e en t epr ise.func tion ing of th e en t epr ise.

VIII. VIII. G heraoG herao I t is a p h ysical blockade of a t arge t e ith erI t is a p h ysical blockade of a t arge t e ith erby enc irclemen t, int ended t o block th e regress andby enc irclemen t, int ended t o block th e regress andingress from and t o a par ticular off ice , works hopingress from and t o a par ticular off ice , works hope t c.e t c.

IX.IX. Hunger StrikeHunger Strike I t is res t ored t o e ith er by leaders of I t is res t ored t o e ith er by leaders of th e un ion or by some workers , all a t a time inth e un ion or by some workers , all a t a time insmall ba t ch es , for a l imit ed per iod of time.small ba t ch es , for a l imit ed per iod of time.



2. SECONDARY STRIKE

SECON D ARY STRIKES are those in which the pressure is applied not against the primaryemployer with whom the primary workers havea dispute but against some third person whohas good trade relation with him which aresevered and the primary employers incurs aloss .

I t is popular in USA.

I t is also known as S ympathetic S trike .W orkers have no demands and grievances of their own but they go on strike just to supportothers .





LOCKOUTS

LOCKOUT S means the action of an employer intemporarily closing down or shutting down hisundertaking or refusing to provide his employees withwork with the intention of forcing them either to acceptthe demands made by him or to withdraw demandsmade by them on him.

According to Industrial Disputes Act, 1947, S ection2(1),

³the closing of a place of business of employmentor the suspension of work, or the refusal by anemployer to continue to employ any number of persons employed by him´.



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.

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19082799 Industrial Disputes