7/31/2019 ILR UNIT II
1/15
INDUSTRIAL RELATIONS ANDLABOUR WELFAREUNIT II
7/31/2019 ILR UNIT II
2/15
UNIT II-SYLLABUS
INDUSTRIAL CONFLICTS: Disputes Impact
Causes Strikes Prevention Industrial
Peace Government Machinery Conciliation
Arbitration Adjudication
7/31/2019 ILR UNIT II
3/15
INDUSTRIAL DISPUTES-MEANING
According to Section 2(K) of the Industrial Disputes
Act, 1947, and industrial dispute means any dispute or difference between employers and
employees or between employers and workmen or
between workmen and workmen, which is
connected with the employment or non-employment
or the terms of employment or with the conditions of
7/31/2019 ILR UNIT II
4/15
CAUSES OF INDUSTRIAL DISPUTES
Managements general indifferent attitude towards
workers or employees Mental inertia on the part of both management and
labour
Lack of proper fixation of wages Bad working conditions
Attempts by management to introduce changes (eg:
automation)
7/31/2019 ILR UNIT II
5/15
CAUSES OF INDUSTRIAL DISPUTES
Lack of competence or training on the part of
first-line supervision in the practice of human
relations.
Assignment of unduly heavy work-loads to
worker
Lack of strong and healthy trade unionism
A spirit of non-cooperation
7/31/2019 ILR UNIT II
6/15
CAUSES OF INDUSTRIAL DISPUTES A fall in the standard of discipline among employees
due to wrong or improper leadership Difference in regard to sharing the gains of
increased productivity
Inadequate collective bargaining agreements Legal complexities in the industrial relations
machinery
Political environment of the country
7/31/2019 ILR UNIT II
7/15
FORMS OF DISPUTES
7/31/2019 ILR UNIT II
8/15
STRIKE
Strike 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 or a number of
persons who are or have been so employed to
continue to work or to accept employment
7/31/2019 ILR UNIT II
9/15
TYPES OF STRIKEStay-in, sit-down, pen-
down strike
Go-slow
Sympathetic strike
Hunger strike
Work-to-rule
Lightning or wildcatstrike
7/31/2019 ILR UNIT II
10/15
LOCKOUT
Section 2(1) of the Industrial Disputes Act, 1947
defines lockout to mean the temporary closing of a
place of employment or the suspension of work, or the refusal by an employers to continue to employ
any number of persons employed by him, lockout,
thus, is the counterpart of strike the correspondingweapon the hands of employer to resist the
collective demands of workmen or to enforce his
terms
7/31/2019 ILR UNIT II
11/15
GHERAO
Gherao means encirclement of the managers to
criminally intimidate him to accept the demandsof the workers
It amounts to criminal conspiracy under Section
120-A of the I.P.C. and is not saved by Sec. 17
of the Trade Unions Act on the grounds of its
being a concerted activity.
7/31/2019 ILR UNIT II
12/15
REGULATION OF STRIKES AND LOCK-OUTS
Illegal strikes and lockout are of two types:
Those which are illegal form the time of their
commencement
Those which are not illegal at the time of commencement but become illegal
subsequently.
7/31/2019 ILR UNIT II
13/15
REGULATION OF STRIKES AND LOCK-OUTS
Section 22 and 23 of the IDA provide for certain restriction which if notfollowed make strikes and lockouts illegal from their very commencement.
According to this section, no person employed shall go on strike in breach of
contract-
Without giving notice of strike to the employer, as here matter provided,
within 6 week before striking; or
Within fourteen days of giving such notice; or
Before the expiry of the date of strike specified in any such notice as
aforesaid; or
During the pendency of any conciliation proceedings before a Conciliation
Officer and seven days after the conclusion of such proceedings.
7/31/2019 ILR UNIT II
14/15
CONSEQUENCES OF ILLEGAL STRIKES AND LOCK-OUTS Penalty for illegal strikes [Sec.26(1)]
Penalty for illegal lock-out [Sec.26(2)
Penalty for instigation, etc. [Sec. 27]:
Penalty for giving financial aid for illegal strikesand lock-outs [Sec. 28]
7/31/2019 ILR UNIT II
15/15
MACHINERY FOR PREVENTION AND
SETTLEMENT OF INDUSTRIALRELATIONS
Voluntary Methods Government Machinery Statutory Measures
Code of Discipline
Tripartite Machinery
WorkersParticipation
CollectiveBargaining
I.D. Act, 1947 State Acts
Labour Administration(States & Central Levels)
WorksCommittee
Conciliation Voluntary Arbitration
Court of Enquiry Adjudication
Conciliation BoardConciliationOfficers Labour Court
Industrial
Tribunal
National
Tribunal