Industrial Conflict: Forms And Causes
Industrial conflicts constitute organised protests against existing
industrial conditions. They are symptoms of industrial unrest. The
term ‘industrial dispute’ as described in the Industrial Disputes Act,
1947 is characterised by the following features
Features of the term ‘industrial
dispute’
There should be a difference or dispute
The dispute could be between employer-employer, employee-employee or
employer-employee
The dispute must pertain to some work-related issue
The dispute must be raised by a group or class of workers. For example the
dispute between one or two workers and the respective employer is not an
industrial dispute
Industrial Relations And Industrial Disputes
Forms of Industrial Disputes
Lock outs: Closing down of an undertaking or the suspension of
work or the refusal of an employer to continue to employ any
number of persons employed by him is known as 'lock out'.
Gherao: Gherao means to surround. In this method, a group of
workers initiate collective action aimed at preventing members of
the management from leaving the office.
Picketing and Boycott: When picketing workers often carry or
display signs, banners and placards, prevent others from
entering the place of work and persuade others to join the strike.
Boycott aims at disrupting the normal functioning of an
enterprise.
Industrial Relations And Industrial Disputes
Causes of Industrial Disputes
Employment-related
Nationalisation
Administration-related
Recognition as a bargaining agent
Psychological and social issues
Institutional causes
Political causes
Industrial Relations And Industrial Disputes
Machinery For The Settlement of
Industrial Disputes In India
When the relationship between the parties is not cordial, discontentment
develops and conflicts erupt abruptly. It is not always easy to put out the
fires with the existing dispute-settlement machinery, created by the
government. Hence both labour and management must appreciate the
importance of openness, trust and collaboration their day-to-day dealings.
Industrial Relations And Industrial Disputes
Machinery for Prevention and
Settlement of Industrial Disputes
Machinery for prevention and settlement of disputes
Voluntary Methods Government Machinery
Statutory Measures
State Acts
Industrial Disputes Act, 1947
Collective Bargaining Labour Administration Works Committees
Machinery
Trade Unions Conciliation
State Level
Joint consultations (A) C.Officer
Central Level (B) C. Board
Standing Orders
Arbitration
Grievance Procedure
Adjudication
Code of Discipline
(a) Labour Courts
(b) Industrial Tribunals
(c) National Tribunals
Industrial Relations And Industrial Disputes
Machinery For The Settlement of
Industrial Disputes In India
Works committees: As per the Industrial Disputes Act, 1947, works
committees have to be set up all those industrial units which employ 100 or
more persons. It is basically a consultative body
Giving greater participation to workers
Ensuring close interaction between labour and management
Generating cooperative atmosphere for negotiation between
parties
Opening the doors to unions to have a clear view of what is going
on within the unit
Strengthening the spirit of voluntary settlement of disputes
Joint Management Councils: The JMC normally consists of equal
number of representatives of workers and employers looking after three
things: information sharing, consultative and administrative matters relating
to welfare, safety, training etc and the formulation of standing orders.(of
course, without encroaching on the jurisdiction of works committees)
Industrial Relations And Industrial Disputes
Machinery For The Settlement of
Industrial Disputes In India
Standing orders: These are the rules and regulations which
govern the conditions of employment of workers. The Industrial
Employment (standing orders) Act of 1946 provides for the framing
of standing orders in all industrial undertakings employing 100 or more
workers.
Grievance procedure: A model grievance procedure as suggested by
the Indian Labour Conference, 1958 has more or less been widely
accepted in India now.
Code of discipline: It consists of a set of self-imposed obligations
voluntarily formulated by the central organisation of workers and
employers.
Industrial Relations And Industrial Disputes
Industrial Disputes: Settlement
Machinery
Conciliation: The practice by which the services of a neutral third party
are used in a dispute as a means of helping the disputing parties to
reduce the extent of their differences and to arrive at an amicable
settlement or agreed solution.
Conciliation officer: an authority appointed by the government to
mediate disputes between parties brought to his notice; enjoying the
powers of a civil court. He is supposed to give judgement within 14
days of the commencement of the conciliation proceedings.
Board of conciliation: The Board is an adhoc, tripartite body having
the powers of a civil court created for a specific dispute(when the
conciliation officer fails to resolve disputes within a time frame, the
board is appointed)
Court of enquiry: In case the conciliation proceedings fail to resolve a
dispute, a court of enquiry is constituted by the government to
investigate the dispute and submit the report within six months.
Industrial Relations And Industrial Disputes
Machinery For The Settlement of
Industrial Disputes In India
Voluntary arbitration: It is the process in which the disputing parties
show willingness to go to an arbitrator (a third party) and submit to his
decision voluntarily.
Adjudication: It is the process of settling disputes compulsorily
through the intervention of a third party appointed by the
Government. The Industrial Disputes Act provides a three-tier
adjudication machinery consisting of:
Labour court
Industrial tribunal
National tribunal
Industrial Relations And Industrial Disputes
