Subject Code: IMT-13

Subject Name : Management Union

Relations

Objective: 1. To develop an understanding of the interaction pattern among labour and management. 2. To build awareness of important and critical issues in industrial relations and to develop knowledge of the Indian industrial relations system. 3. To develop skills necessary for managing industrial relations. Contents : INDUSTRIAL RELATIONS The Contextual Framework, Commy Prescriptions, Constitutional Framework and Industrial Relations, FiveYear Plans and Industrial Relations, (First) National Commission on Labour and Industrial Relations Law, (Second) National Commission on Labour and Industrial Relations Law, COLLECTIVE BARGAINING, The Perspective, Concept and Meaning of Collective Bargaining, Prerequisties for Collective Bargaining, Advantages and Disadvantages of Collective Bargaining, Collective Bargaining in India, THE TRADE UNIONS ACT, Scope and Coverage, Administrative Authority, Meaning of Trade Union, Trade Unions, Obligations of Registered Trade Unions, Rights of Registered Trade Unions, Offences and Penalties, UNFAIR LABOUR PRACTICES AND VICTIMISATIONS, Unfair Labour Practices on the part of Employers under the Trade Unions (Amendment) Act, , Unfair Labour Practices on the Part of Trade Unions under the Trade Unions (Amendment) Act, , Judicial Delineation of Unfair Labour Practice, Code of Discipline in Industry, Response of the [First] National Commission on Labour, Unfair Labour Practices on the Part of Employers under the Industrial Disputes (Amendment) Act, , Unfair Labour Practices on the Part of Workmen and Trade Unions of Workmen Under the Industrial Disputes (Amendment) Act, , Victimization, Scope of Interference by Industrial Tribunal, THE INDUSTRIAL DISPUTES ACT, Scope and Coverage, Meaning of Industry, Employees Entitled, Administrative Authority, What is an Industrial Dispute?, Who can Raise a Dispute?, Salient Provisions, SETTLEMENT OF INDUSTRIAL DISPUTES, Works Committee, Grievance Settlement Authorities, Conciliation, Court of Inquiry, Voluntary Arbitration, Processes Involved in Reference of Dispute to Voluntary Labour Arbitrator, Adjudication, Award, Non-statutory Machinery and Its Working INSTRUMENTS OF ECONOMIC COERCION, Strike, Picketing, Gherao, Bandh, Lockout, Right to Strike, Right to Lockout, Regulation of Strikes and Lockouts, Illegal Strikes and Lockouts, Sanctions and Criminal Proceedings, Justification of Strike and Lockout, Dismissal of Strikers, Wages for Strike and Lockout Period, DISCHARGE AND DISMISSAL, Nature and Concept, Meaning and Scope of Misconduct, Discharge Simpliciter or Dismissal in Disguise: Courts Power to Lift the Veil, Regulation of Managements Prerogative of Disciplinary Action, Powers of Labour Courts, Tribunals and National Tribunals to give Appropriate Relief in case of Discharge of Dismissal of Workman, Right to be Defended by Lawyer in Domestic Enquiry, Right of Representation in Disciplinary Proceedings through Co-employees, Applicability of the Evidence Act, Domestic Enquiry Pending Criminal Proceedings, Effect of Delay in Conduct of Enquiry , Power to Conduct Enquiry Afresh, Non-supply of Enquiry Report, Enquiry Officers Rank Inferior to the Presiding OfficerIts Effect, Domestic Enquiry Found Defective Date of its Effect, Non-Discriminatory Treatment, Relief to Wrongfully Dismissed Workmen, SCOPE AND COVERAGE OF THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, Management Union Relations .................................. Page 1 of 4 ............................................................................... IMT-13

Coverage of the Act, Workers Covered, Employer under the Act, CONCEPT AND NATURE OF STANDING ORDERS, The Concept of Standing Orders, Nature of Standing Orders, CERTIFICATION PROCESSITS OPERATION, Modification of Standing Orders, Temporary Application of Model Standing Orders ROLE OF THE GOVERNMENT UNDER THE IESOA, Concept of the Appropriate Government, Delegation of Power , Power of the Government of the Make Rules, Time-limit for Completion of Domestic Enquiry , Subsistence Allowance WORKERS PARTICIPATION IN MANAGEMENT, Constitutional Commitment, Concept and Scope, The Scheme of Workers Participation in Industries, The Scheme of Workers Participation in Management, Making Workers Shareholders;, Representation of Workers on Board of Directors, Workers Participation in Winding up Operation, Workers Right to Run Sick Industries, Participation of Workers in the Management Bill, , Enforcement of the Act, Steps taken During -, An Evaluation, THE EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, Scope and Coverage, Inspection Charges, Partition of Establishment, The Schemes, Allotment of Account Number, Basic Wages, Damages for Default in Payment, Investment of Funds and Interest, THE EMPLOYEES STATE INSURANCE ACT, , Scope and Coverage, Employees Entitled, Administrative Authority, Salient Provisions, Identity Cards, Return of Contributions, Obligations of Employers, Obligations of Employees, Employees Insurance Court, THE PAYMENT OF GRATUITY ACT, Scope and Coverage, Employees Entitled, Administrative Authority, Obligations of Employers, Rights of Employers, Rights of Employees,

Notes:
a. b. c. d. Write answers in your own words as far as possible and refrain from copying from the text books/handouts. Answers of Ist Set (Part-A), IInd Set (Part-B), IIIrd Set (Part C) and Set-IV (Case Study) must be sent together. Mail the answer sheets alongwith the copy of assignments for evaluation & return. Only hand written assignments shall be accepted. 5 Questions, each question carries 1 marks. 5 Questions, each question carries 1 marks. 5 Questions, each question carries 1 marks. Confine your answers to 150 to 200 Words. Two Case Studies : 5 Marks. Each case study carries 2.5 marks.

A. First Set of Assignments: B. Second Set of Assignments: C. Third Set of Assignments: D. Forth Set of Assignments:

ASSIGNMENTS
FIRST SET OF ASSIGNMENTS Marks Assignment-I = 5

PART A
1. What are obligations of employer under Provident Fund Act? What is pensionable service? Write in detail. 2. Explain in detail -a. Code of Discipline b. Writ of Certiorari

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3. What are the conditions under which a strike or lock-out is considered illegal? Also explain---a. gherao b. lighting strike 4. Discuss briefly the powers of ESI corporation? How is contribution of employer as well as employee to be paid to the ESI Corporation? 5. Explain IESO Act? What are its major features?
SECOND SET OF ASSIGNMENTS Assignment-II = 5 Marks

PART B
1. Write short notes on a. Types of Conciliation b. Parties of Industrial Dispute 2. What is collective bargaining & types of collective bargaining? Describe in detail essential factors for the success of collective bargaining. 3. What are the major forums of workers participation? What are the major hurdles for workers participation? 4. Distinguish between --a. Arbitration & National tribunal b. Domestic enquiry & labor court

5. What is the procedure to to register a trade union? Explain how political affiliation help trade unions?
THIRD SET OF ASSIGNMENTS Assignment-III = 5 Marks

PART C
1. What are the implications of bata shoe company v. d.n ganguly case? What is importance of section 11-A of industrial dispute Act? 2. Write short notes on--a. victimization as per supreme court judgment in bharat iron works v. bhagubhai patel b. National commission on labor 3. What is the difference between a. check off & exit interview b. settlement & award 4. What are the main features of workers in the management bill 1990? How these features can be enforced? 5. What is gratuity? What can an employee do if he is being refused his gratuity on leaving his company after seven years of service?

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FOURTH SET OF ASSIGNMENTS

Assignment-IV = 2.5 Each Case Study

CASE STUDY - I
Suma ltd is having its plant in Ghaziabad where 500 workers are working. It has also got workers union in the plant. It opened a new plant in greater noida where 300 workers got jobs. The new plantss workers decided to form a separate union but company refused to allow formation new union. The workers went on a strike & also damaged property of the company. After hectic negotiations, the strike was called off. But the company asked workers to sign a undertaking that they will neither resort to violence nor they will damage any property of company. The workers refused to do so & again went on strike. Based on above facts answer the following questions 1- Can any company refused formation of new union by its workers? 2-What actions a company can take against those workers who damaged the property of company? 3- Can workers refuse signing of such bond? Can company incorporate these conditions in its standing order? If yes how?

CASE STUDY-II
Princess was employed in company for last 3 year. One day she was caught stealing from the company. She was dismissed from the job with one month salary. Is the companys action legal? If you were the labor officer, how would you terminate services of such employee.(Give proper procedure)

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