Industrial dispute act

Submitted by Reshma

Industrial dispute
An industrial dispute may be defined as a conflict or difference of opinion between management and workers on the terms of employment. It is a disagreement between an employer and employees' representative; usually a trade union, and other working conditions and can result in industrial actions.

When an industrial dispute occurs, both the parties, that is the management and the workmen, try to pressurize each other. The management may resort to lockouts while the workers may resort to strikes, picketing or gheraos.

Definition of ID
Disagreement or controversy between management and labour with respect to wages, working conditions, other employment matters or union recognition.

As per Section 2(k) of Industrial Disputes Act,1947, an industrial dispute in defined as any dispute or difference between employers and employers, or between employers and workmen, or between workmen and which is connected with the employment or nonemployment or the terms of employment or with the conditions of labor.

Purpose & objectives of ID

The act intense to promote progress of industry by bringing about harmony and cordial relationship between the employers & employees In the case of Workmen of Dimakuchi Tea Estate Vs Dimakuchi Tea Estate (1958).In the case Supreme court laid down the following objectives

Promotion of measures of securing & preserving amity & good relationship between workmen & employer Investigation and settlement of dispute between employer & workmen, workmen & workmen, employer & employer as well as associations 0f employers & workmen

Prevention of illegal strikes & lockouts Relief to workmen in case of layoff & retrenchment Promotion of collective bargaining

Causes of Industrial Disputes.

1.They want more and more monetary rewards and want to do less work. 2. Lack of proper fixation of wages. 3. Bad working conditions. 4. Attempts by management to introduce changes without creating a favorable appropriate climate or environment for the same.

5. Lack of training given to employees. 6. Assignment of unduly heavy work-loads to worker, unfair labour practices. 7. Lack of strong and healthy trade unionism

 8. A spirit of non-cooperation and a general

tendency among employees to criticize or oppose managerial policies 9. Difference in regard to sharing the gains of increased productivity 10. Inadequate collective bargaining agreements. 11. Legal complexities in the industrial relations machinery or settlement of industrial disputes.

 12. Not successful in implementing

labour laws and inadequacy of labour laws. 13. Political environment of the country; and Agitation and wrong propaganda by selfish labour leaders to further their own interests of their own party.

Forms of dispute
Strike
Section 2 (q) of the Industrial Disputes Act. Defines strike to mean: a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal

 Lock out
Section 2(1) of the Industrial Disputes Act, 1947 defines "Iock-out" to mean: The temporary closing of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him

Gherao - means encirclement of the

managers to criminally intimidate him to accept the demands of the workers.

 Lay off section 2(kkk)

Employer refuses to give employment due to specified reasons such as shortage of coal, power, raw materials , break down of machinery , natural calamity or any other reasons

Machinery for prevention & settlement of ID

Voluntary Methods Government machinery Statutory measures

Voluntary Methods
Code of Discipline Tripartite Machinery Workers Participation Collective Bargaining

Government machinery
Works Committee Conciliation Board, Officers Voluntary Arbitration Court of Enquiry Adjudication - Labor Court National Tribunal Industrial Tribunal

Statutory Measures
I.D. Act, 1947 State Acts

Voluntary methods

Code of Discipline
Formally announced in 1958. provides guidelines for the workers, unions and employers. The code which was approved by major national trade unions and principal organization of employers

Tripartite machinery
consist of various bodies. Indian Labour Conference, The Standing Labour Committee, The International Committees, The Central Implementation and Evaluation Committee.

These committees include representatives from centre and the states, and the same number of workers and employers from the organizations. Committees are basically of advisory nature

Workers Participation in Management

Process by which employees either individually or collectively, become involved in one or more aspects of organizational decision making within the enterprises in which they work.

Collective bargaining
it is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions. Collective agreements usually set out wage scales, working hours, training, health and safety, overtime, grievances mechanisms and rights to participate in workplace or company affairs.

Government machinery

 Works committee
.

setting up works committees in every organization having 100 or more employees for maintaining a harmonious relations at the work place and sort out the difference if any

Conciliation officers
When the services of a neural party are needed for the amicable solution of a dispute between the disputing parties, this practice is known as conciliation. Conciliation officers are those who appointed by the government to solve the dispute

Board of conciliation
:

The Board of Conciliation is a higher forum and is constituted for a specific dispute. It consists of equal number of representatives of employers and employees under the chairmanship of an independent person, appointed by the government. The Board has to submit its report to the government regarding the dispute within two months from the date dispute was referred to it. However, depending on the case, the period can be extended

Voluntary arbitration
Voluntary arbitration: In case of existed or apprehended dispute, the disputing parties can enter into an arbitration agreement in writing. The success of voluntary arbitration depends on a sufficient degree of mutual confidence in decision by agreement on subjects which may be submitted for arbitration.

Court of enquiry
This body basically is a fact-finding agency, constituted just to reveal the causes of the disputes and does not care much for the settlement thereof. The Court of Enquiry is required to submit its report to the government ordinarily within six months from the commencement of enquiry. The report of the court shall be published by the government within 30 days of its receipt .

Adjudication
If the dispute is not settled by any other method, the government may refer it for adjudication. Hence it is a compulsory method which provides for three-tier system for adjudication of industrial disputes. They are Labor Court National Tribunal Industrial Tribunal

Statutory measures

Indian Constitution Factories Act Industrial disputes Act Wages Act Minimum Wages Act

 Trade Unions Act Bonus Act Provident Fund Act Employees State Insurance Act Gratuity Act Maternity Benefit Act Workmens compensation Act

Thank you
Endowment