A Research Paper on

Industrial Dispute and Workman

Submitted in partial fulfillment of the requirements for the award of the degree of

LLB (3 years)
To

Amity University Sector-125, Noida, Uttar Pradesh 201313

Submitted To: Submitted by:

Ms.

.
INTRODUCTION
Labour market is not homogenous. It is broadly segmented into unorganized and
organized, wage earners and self-employed, skilled, semi-skilled and unskilled and so on.
Every regulation relating to social security and working conditions has different meaning
and implication for every segment. The life of a worker is also not homogenous,
throughout his living, at different stages of life. The perception, understanding and need
of the things change and vary at different periods of life such as adolescence, youth, and
old age. The meaning of social security is not the same throughout the life of a worker. In
the same way, the perception pertaining to decency undergoes a change during the life
cycle of a worker. For him decency has a different meaning at different levels of age. At
the young age, it is something else than what it may be during the old age. It means the
social security and decency is not only significant for a worker but also have a different
meaning at different levels of living during the life of a worker. For any regulation, this
can become a source of employment promotion, it is very important that it should fulfill
its purpose. From this point of view, there is every need to evaluate different
legislations/rules/ acts in regard to social security and decency of workmen.

Labour market isn't same. Its generally divided into unorganized and arranged, wage
earners and freelance, skilled, semi-skilled and unskilled then on. Each regulation
regarding social insurance and dealing conditions have completely different that means
and implication for each phase. The lifetime of an employee is additionally not same,
throughout his living, at completely different stages of life. The perception,
understanding and wish of the items amendment and vary at completely different periods
of life like adolescence, youth, and adulthood. That means of social insurance isn't an
equivalent throughout the lifetime of an employee. Within the same manner, the
perception referring to decency undergoes an amendment throughout the life cycle of an
employee. For him decency incorporates a different meaning that means at different
levels of living during life of a worker. At the young age, its one thing else than what it
should be throughout the adulthood. It means that the social insurance and decency isn't
solely important for an employee however even have that means at different levels of
living throughout the lifetime of a employee. For any regulation, this will become a
 supply of employment promotion, it's vital that it ought to fulfill its purpose. From this
time of read, there's each ought to judge completely different legislations/rules/ acts in
relevance social insurance and decency of workmen.

According to Section 2(k) of the Industrial Disputes Act, 1947 "industrial dispute" is
outlined as,

"Any disputes or variations between employers and employers, or between employers and
workmen, or between workmen and workmen that is connected with the utilization or non-
employment or the terms of employment or with the conditions of labour, of a person."1

According to Section 2(s) of the Industrial Disputes Act, 1947."Workman" is outlined as,

Any person (including associate degree apprentice) used in any trade to try and do any manual,
unskilled, skilled, technical, operational, clerical or higher-up work for rent or reward, whether
or not the terms of employment be categorical or tacit, associate degreed for the needs of any
continuing beneath this Act in respect to an industrial dispute, includes any such one that has
been laid-off, discharged or retrenched in reference to, or as a consequence of, that dispute, or
whose dismissal, discharge or retrenchment has diode thereto dispute, however doesn't embody
any such person
(i) UN agency is subject to the Air Force Act, 1950 (45 of 1950), or the military Act, 1950 (46 of
1950), or the Navy Act, 1957 (62 of 1957); or
(ii) UN agency is utilized within the police service or as a political candidate or different worker
of a prison; or
(iii) UN agency is utilized chiefly during a social control or body capacity; or
(iv) UN agency being used during a higher-up capability attracts wages extraordinary one
Thousand 600 rupees per mensem or exercises, either by the character of the duties connected to
the workplace or by reason of the powers unconditional in him, functions chiefly of a social
control nature.2

Industrial dispute is disagreement and distinction between 2 disputants, namely, labour and
management. This disagreement or distinction might be on any matter regarding them one by
one or conjointly. It should be connected with employment or non-employment or with the
conditions of labour.

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The severity of industrial disputes
It is obvious that industrial disputes and industrial unrest square measure symptoms of a scarcity
of co-operative spirit and of harmonious relations in business. The manifestation of those
symptoms causes stoppage of labor or disruption of production and every one eventful evils. The
continued and prolonged industrial unrest conjointly has serious consequences for the staff and
conjointly for the economy at giant.

From the purpose of read of the leader, associate industrial dispute leading to stoppage of labor
means that an intermission of production.3

This ends up in the rise within the cost of production since fastened expenses still be incurred. It
conjointly ends up in a fall in sales and therefore the rate of turnover, resulting in a fall in profits.
The leader may additionally be at risk of compensate his customers with whom he could have
shrunken for normal provide. Except for the immediate economic effects, loss of status and
credit, alienation of the labour force, and different non-economic, psychological and social
consequences may additionally arise. Loss owing to destruction of property, personal injury and
physical intimidation or inconvenience conjointly arises.

For the worker, associate industrial dispute entails loss of financial gain. The regular financial
gain by method of wages and allowance ceases, and nice hardship could also be caused to the
employee and his family, over and over leading to deprivation, mal-nutrition, even starvation or
near-starvation. the power of trade unions to produce for the wants of putting staff, notably in
Republic of India, is extremely restricted. Staff conjointly suffer from personal injury, and
therefore the psychological and physical consequences of forced idleness. The threat of loss of
employment just in case of failure to settle the dispute well or the threat of revenge action by
employers conjointly exists4

Weapons used by labour during times of industrial disputes.

Whenever industrial disputes arise, employees usually resort to at least one or a lot of of the
subsequent weapons, namely, strike, boycott, picketing and gherao.

1) Strike. once employees jointly stop to figure in Associate in Nursing business, it's referred to
as strike. Strike are often outlined in keeping with the economic Disputes Act, 1947 as:

"It means that a stop of labor by a body of persons utilized in Associate in Nursing business
acting in combination; or a cooperative refusal of any variety of persons United Nations agency
are or are therefore utilized to still work or to simply accept employment; or a refusal beneath a
standard understanding of any variety of such persons to still work or to simply accept
employment".

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For trade unions, strike is that the most powerful weapon for forcing the management to simply
accept their demands.

Strikes are often divided into 2 classes. They are:

Primary strikes

Secondary strikes

The Primary Strikes are:

1. Economic Strike: Most of the strikes of employees are for a lot of facilities and increase
in wage levels. In economic strike, the labourers demand increase in wages, travel
allowance, house rent allowance, expensiveness allowance and different facilities like
increase in privilege leave and casual leave.

2. General Strike: It means that a strike by members of all or most of the unions region or
an business. Its going to be a strike of all the employees during a specific region of
business to force demands common to all or any the employees. Its going to even be
Associate in nursing extension of the sympathy strike to specific generalized protest by
the employees.

3. Stay-in Strike: During this case, employees don't absent themselves from their place of
labor after they are on strike. They keep management over production facilities. However
don't work. Such a strike is additionally referred to as 'pen down' or 'tool down' strike.
4. Slow Down Strike: Staff stay on their jobs beneath this sort of strike. They are doing not
stop work, however prohibit the speed of output in Associate in Nursing organized
manner. They adopt job action techniques to place pressure on the employers.

The secondary strike is:

1. Sympathetic Strike: Once employees of 1 unit or business persist strike in sympathy

with employees of another unit or business United Nations agency are already on strike,
it's known as a sympathy strike. The employees of sugar business might persist strike in
sympathy with their fellow employees of the textile business United Nations agency
might already air strike.

2. Boycott: The employees might attempt to boycott the corporate in 2 ways that. first off
by not exploitation its product Associate in Nursing second by creating an attractiveness
to the general public generally. Within the former case, the boycott is thought as primary
and within the latter secondary If could be a powerful technique whereby the
management is forced to simply accept their demands.
 3. Picketing: Once employees are dissuaded from work by stationing bound men at the mill
gates, such a step is thought as picketing. If picketing doesn't involve any violence, it's
absolutely legal.

4. Gherao: Gherao in Hindi means that to surround. The employees might gherao the
members of the management by obstruction their exits and forcing them to remain within
their cabins. the most object of gherao is to inflict-physical and Pine Tree Statental
torture to the person being gheraoed and thus this weapon disturbs me industrial peace to
an excellent extent.56

The management uses its own strategies to counter the employees.

Some of the weapons utilized by the management are:

1. Employers' Association: The employers might kind their unions to jointly oppose
the social class and place pressure on the trade unions.

2. Lock-out: Associate in nursing leader might shut down the place of employment
briefly. Such a step is technically referred to as lock -out. Its the reverse of a
strike Associate in Nursing could be a terribly powerful weapon within the hands
of an leader to pressurize the employees to come back to the place of labor.

According to the economic Disputes Act, 1947, "lock-out means that the closing
of an area of employment or the suspension of labor, or the refusal by Associate
in Nursing leader to still use any variety of persons utilized by him.

3. Termination of Service: The employers might terminate the services of these

employees United Nations agency are on strike by blacklisting them. Their lists
could also be circulated to different employers therefore on prohibit their
possibilities of obtaining employment with those employers.7

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Cause of Industrial Disputes:

The disputes between the management and also the employees could arise on account of the
subsequent factors:

1. Economic Cause: These causes is also classified as:

Demand for increase in wages on account of increase in all-India client index for
Industrial employees.
Demand for higher gratuity and alternative retirement edges.
Demand for higher bonus.
Demand surely allowances such as:
o House rent allowance
o Medical allowance
o Night shift allowance

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 o Conveyance allowance
Demand for paid holidays.
Reduction of operating hours.

Better operating conditions, etc.

2. Political Causes: varied political partys management Trade unions in Asian country. In
several cases, their leadership vests within the hands of persons United Nations agency
area unit a lot of curious about achieving their political interests instead of the interests of
the employees.

3. Personnel Causes: typically, industrial disputes arise attributable to personnel issues like
dismissal, retrenchment, layoff, transfer, promotion, etc.

4. Indiscipline: Industrial disputes additionally happen attributable to undisciplined and

violence on the part of the manpower. The managements to curb undisciplined and
violence resort to lock -outs

5. Misc. causes: a number of the opposite causes of commercial disputes will be:

Workers' resistance to rationalization introduction of recent machinery and alter of place

Non- recognition of union
Rumors opened up by undesirable parts
Working conditions and dealing strategies o Lack of correct communication
Behavior of supervisors
Inter union competition etc.9

Measures to enhance industrial Relations:

The following measures ought to be taken to attain sensible industrial relations:

a. Progressive Management Outlook: There ought to be progressive outlook of the

management of every industrialization. It ought to be tuned in to its obligations and
responsibilities to the homeowners of the business, the workers, the customers and
therefore the nation. The management should acknowledge the rights of employees to
prepare unions to shield their economic and social interests.

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b. Strong and Stable Union: A powerful and stable union in every industrialization is
important permanently industrial relations. The employers will simply ignore a weak
union on the plea that it hardly represents the employees. The agreement with such a
union can hardly be worthy by an oversized section of hands. Therefore, there should be
a powerful and stable union in each enterprise to represent eh majority of employees and
discuss with the management regarding the terms and conditions of service.

c. Atmosphere of Mutual Trust: each management and labour ought to facilitate within
the development of an environment of mutual cooperation, confidence, and respect.
Management ought to adopt a progressive outlook and may acknowledge the rights of
employees. Similarly, labour unions ought to persuade their members to figure for the
common objectives of the organization. each the management and therefore the unions
ought to have religion in dialogue and alternative peaceful ways of subsidence disputes.

d. Mutual Accommodation: The employers should acknowledge the proper of dialogue of

the trade unions. In any organization, there should be a good stress on mutual
accommodation instead of conflict or uncompromising perspective. One should clearly
perceive that conflicting perspective doesn't result in friendly labour relations; it's going
to foster union aggressiveness because the union reacts by participating in pressure
techniques. The approach should be of mutual give and take instead of Take or leave.
The management ought to be willing to co-operate instead of blackmail the employees.

e. Sincere Implementation of Agreements: The management ought to sincerely

implement the settlements reached with the trade unions. The agreements between the
management and therefore the unions ought to be enforced each in letter and spirit. If the
agreements don't seem to be enforced then each the union and management stop trusting
one another. Associate in Nursing setting of uncertainty is made. To avoid this, efforts
ought to be created at each ends to confirm the follow from the agreements.

f. Workers Participation in Management: The participation of employees within the

management of the commercial unit ought to be inspired by creating effective use of
works committees, joint consultation and alternative ways. this may improve
communication between managers and employees, increase productivity and result in
bigger effectiveness.

g. Sound Personnel Policies: The subsequent points ought to be noted relating to the
personnel policies. The policies ought to be:

(i) Formulated in consultation with the employees and their representatives if they're
to be enforced effectively.
(ii) Clearly explicit in order that there's no confusion within the mind of anybody.
(iii)Implementation of the policies ought to be uniform throughout the organisation to
confirm honest treatment to every employee.
 h. Governments Role: The govt. ought to play a lively role for promoting industrial peace.
It ought to build law for the obligatory recognition of a representative union in every
industrial unit. It ought to intervene to settle disputes if the management and therefore the
employees area unit unable to settle their disputes. This may restore industrial harmony10.

CONCLUSION
In the Indian system of commercial relations, the State plays an important role within the
regulation of commercial relations as an intercessor and mortal. Though the labour and
management square measure on paper liberal to verify their own relations, in follow due to the
prepared accessibility of the state conciliation and judgment machinery, a meaningful and
orderly bargained relationship couldn't develop even once fifty eight years of independence.
Required judgment as a way of settlement of industrial disputes continues to occupy the central
place. Additionally to the historical reasons, the political and philosophical factors are primarily
chargeable for the inertia within the space of commercial relations. Even the government is
additionally reluctant to bring about any helpful policy modifications as any change within the
gift system would possibly involve relinquishment of its regulation and management and as a
result policy changes attempted additionally didn't bear fruit. The state intervention within the
settlement of commercial disputes started with the Trade Disputes Act, 1929 through ad-hoc
conciliation Boards and Courts of inquiry, to prohibit strikes and lockouts publicly Utility
Service industries and to penalize the persons connation or abetting to hitch banned strike.

The Industrial Disputes Act, 1947, that provides the legal framework for the Governments
intervention in industrial disputes through conciliation and adjudication, has not undergone any
major changes during this regard, despite the demands of the labour and proposals of assorted
commissions and committees for a radical reform of the Act with a read to shifting the stress in
favour of collective bargaining. Though, the Trade Unions Act, 1926 provides for registration of
trade unions and bound privileges and immunities, it doesn't confer a right to recognition on the
registered trade union; consequently no legal obligation is placed on Associate in Nursing leader
to conjointly discount in honesty with even majority union. Though an effort was created to
market harmony in industrial relations through tri partite bodies like Indian Labour Conference
and also the committee, five year plans, the Labour Relations Bill and also the Trade Unions Bill
1950 and code of discipline proclaimed in 1958. No a lot of modification has taken place. A
significant plan to bring on reforms within the industrial relations policy and law was created in
1966 by constituting a many-sided National Commission on Labour. The Commission has
counseled for institution of freelance Industrial Relations Commissions (I.R.C.S) and elimination
of direct Government intervention. The I.R.C.s., that were to be freelance of the manager, were
to discharge the functions of (a) judgment of interest disputes (b) promoting conciliation (c)
constitution of unions as representative unions and (d) promoting voluntary arbitration.

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