ID Cheat Baby

7/31/2019 ID Cheat Baby

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ConflictConcept & Essentials of a

disputeAcc. To ID Act, 1947, Sec 2(k); Industrial disputes means any disputeor difference between employers &

employers, or between employers &workmen, or between workmen &workmen, which is connected with the

employment or non employment orterms of employment or with theconditions of labor of any person.

For a dispute to become industrial


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dispute1. There must be a dispute or adifference

a)

Between employers & workmen(such as demarcation disputes) and

b) Between employers (such as wage

warfare where labor is scarce) andc) Between workmen & workmen

2. It is connected with the

employment or non employment or


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dispute3. A workman does not draw wagesexceeding Rs. 10,000/ month (becausebeing employed in a supervisory

capacity, he draw wages exceeding Rs.10000 per menses or exercises, eitherby the nature of the duties attached to

the office or by reason of the powervested in him, functions mainly in amanagerial nature.)

4. The relationship between the


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Interpretation of disputes bycourts

Some of the principles for judging thenature of a dispute evolved by thecourts are as follows:

1. The dispute must affect a largegroup of workmen who have acommunity of interest & the rights

of these workmen must be affectedas a class. In other words, aconsiderable section of employees

should necessarily make common


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3. There must be a concerted demandby the workers for redress & thegrievances becomes such that it turns

from individual complaint into ageneral complaint.

4. The parties to dispute must have

direct & substantial interest in thedispute, i.e. there must be some nexusbetween the union which exposes the

causes of the workmen & the dispute.


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By incorporating Section 2A in the IDAct, 1947, a right has been given toindividual workman himself to raise an

industrial dispute with regard totermination, discharge, dismissal, orretrenchment of his service, even

though no other workman or any tradeunion of workmen raises it or is a partyto the dispute.

Patterson observes: Industrial


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Classification of IndustrialDisputes

The most common practice is to makea distinction between 2 main typesof disputes relating to terms of

employment. They are:

a) Disputes that arise out of deadlocksin the negotiations for a collective

agreement, popularly known asinterest disputes, and

b) Disputes that arise from day to

day workers grievances or


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Classification of IndustrialDisputes

c) Those arising from acts ofinterference with the exercise of therights to organize, or acts commonly

known as unfair labor practices, and

d) disputes over the right of a tradeunion to represent a particular class or

category of workers for purposes ofcollective bargaining, simply referredto as recognition disputes.


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Details of classification(a) Interest Disputes:

These disputes are also called conflictsof interest or economic disputes. Theygenerally correspond to what in some

countries are called collective labordisputes.

In general they relate to the

determination of new terms &conditions of employment for thegeneral body of worker.

In most cases, the disputes originate


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Details of classification(a) Interest Disputes:

Since there are generally no mutuallybinding standards that can berealized upon to arrive at a

settlement of interest disputes,recourse must be made to bargainingpower, compromise & sometimes a

test of economic strength before theparties reach an agreed solution.

As the issues in these disputes are

compromisable they lend


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e a s o c ass ca on(b) Grievance or Right

Disputes:These disputes are also known asconflict of rights or legal disputes.

They involve individual workers onlyor a group of workers in the samegroup & correspond largely to whatin some countries are called

individual disputes. They gradually arise from day-to-day

working relations in the undertaking

usually as a protest by the worker or


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Disputes: The grievances typically arise onsuch questions as discipline &dismissal, the payment of wages &

other fringe benefits, working time,over time, time off entitlement,promotion, demotion, transfer rights

of seniority, rights of supervisors &union officials, job classificationproblems, the relationship of workrules to the collective agreement &the fulfillment of obligations relating


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Disputes: In some countries, grievances arise especially overthe interpretation & application collectiveagreements. The grievance disputes are, therefore,also called interpretation disputes.

Such grievances, if not dealt with in accordancewith a procedure that is respected by the parties,often result in embitterment of the workingrelationship & a climate of industrial strife.

There is a definite standard for settling a grievancedispute the relevant proportion of the collectiveagreement, employment contract, work rules orlaw, or custom or usage.

In many countries, labor courts or tribunals


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e a s o c ass ca on(c) Disputes over unfair

laabor practices:The most common unfair labor practices in IR areattempts by the management of an undertaking todiscriminate against workers on the ground that they aretrade union members or participate in trade union

activity. In most cases, the objects of the discriminatory

treatment are union officials or representativesemployed in the undertaking, & trade union memberswho have actively participated in the strikes.

Other unfair labor practices are generally concernedwith interference, resistant or coercing of employerswhen they exercise their right to organize, join orassist a union, establishment of employer sponsored

unions, refusal to bargain collectively in good faith,with the reco nized unions; recruitin new em lo ers


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e a s o c ass ca on(c) Disputes over unfair

labor practices: These unfair labor practices are alsoknown in various countries as tradeunions victimization. In many

countries, a special procedure existsunder the law for the prevention ofsuch practices. Such a procedure

obviates or preludes conciliation. In the absence of such procedure,

disputes are settle according to the

normal procedure laid down under


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Details of classification(2) Recognition Disputes

This type of dispute arises when themngmnt of the undertaking oremployers org refuses to recognize a

trade union for the purpose ofcollective bargaining.

Issues in recognition disputes differ

acc. To the cause which has led themgmt to refuse recognition.

It may be that the mgmt dislikes

trade unions & will not have anything


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Details of classification(2) Recognition Disputes

In such case, the resolution of theissue may depend on the existenceor non existence of rules for

determining the representativecharacter of a trade union for thepurpose of collective bargaining.

Such rules need not necessarily belaid down by law; they may beconventional or derived from

prevailing practices in the country.


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Impact of ID

The consequences of ID are very far reaching for they disturb theeconomic, social & political life of a

country.

The workers, the employers, theconsumers, the commodity & the

nation suffer in more than one way.

VARIOUS IMPACTS


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Impact of ID

1) Industrial dispute result in a hugewastage of mandays & dislocation inthe production work. A strike in a

public utility service disorganizespublic life & throws the economicsout of gear; and consumers are

subjected to untold hardships.) The short supply of consumer goods

results in sky rocking prices, &

leads to their non availability in the


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Impact of ID

2) The employers suffer heavy losses ,not only through stoppages ofproduction , reduction in sales & loss

of markets but also in the form of hugeexpenditure incurred on crushingstrikes, engaging strike breakers &

blacklegs maintaining a police force &guards;

A part from these losses, the loss of

mental peace, respect & status in


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Impact of ID

3) The public/society, too, is notspared, industrial unrest creates law &order problems, necessitating

increased vigilance on the part of thestate.

Further, even disputes are settled,

strife & bitterness continue to linger,endangering social relations.

4) Industrial disputes also affect the

national economy


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Impact of ID

On the 1 hand, it impoverishes thepeople actually involved in thestoppage, it lessens the demand for

the goods the other industries make, On the other hand, if the industry in

which the stoppage has occurred is

one that furnishes a commodity orservice largely used in the conduct ofother industries, it lessens the supply

to them of raw material or equipment

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