DEFINITION OF INDUSTRIAL DISPUTES According to Section 2 (k) of the Industrial Disputes Act, 1947 industrial dispute is defined as,

Any disputes or differences between employers and employers, 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 labour, of any person

 PARTIES TO INDUSTRIAL DISPUTES Employers and Employers Employers and Workmen Workmen and Workmen

 EFFECTS OF INDUSTRIAL DISPUTES On the Economy On the Employer On the Employees

 Disputes caused by Unions/ Workers Pay related issues Non-cooperation/ Indicipline Hostility Unwillingness to negotiate Absenteeism, alcoholism or high rate of accidents Go slow tactics Demonstrations Strikes

 Disputes caused by Management actions Abusive towards workers Lay-offs Lockout Suspension, termination Pay related issues

 Who can raise an Industrial Dispute? Any person who is a workman employed in an industry can raise an industrial dispute. A workman includes any person (including an apprentice) employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward. It excludes those employed in managerial or administrative capacity. Industry means any business, trade, undertaking, manufacture and includes any service, employment, handicraft, or industrial occupation or avocation of workmen.

 Essentials of an Industrial Dispute? It must affect a large group of workmen It should invariably be taken up by the industry union or by an appreciable number of workmen There must be a concerted demand by the workers for redress and the grievance becomes such that it turns from individual complaint to a general complaint If the dispute was in the beginning an individual dispute and continued to be such till referred for adjudication, it can not be converted into industrial dispute by later support from other workmen

 Classification/ Types of ID Interest disputes: arrising out of deadlocks in negotiation for collective bargaining Grievance disputes: may pertain to discipline, wages, working time, promotion, rights of supervisors etc. also some times called interpretation disputes Unfair labour practices: those arising out of right to organise, acts of violence, failure to implement an award,discriminatory treatment, illegal strikes and lockouts Recognition disputes: over the rights of a TU to represent class or category of workers

 WEAPONS USED BY LABOUR Strike Boycott Picketing Gherao

 Typology of strikes Primary Strike Generally aimed against the employer Secondary strike Pressure is applied not against the primary employer but to aid others or support other striking employees in their cause

 Types of strikes Stay away strike Sit down or stay in strike Tool down or pen down strike Token strike or protest strike Lightening strike Go-slow strike

 WEAPONS USED BY MANAGEMENT Lock out Termination of Service.

 DEFINITIONS "industry" means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or a vocation of workmen; (j) "industry" means any systematic activity carried on by cooperation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not, (i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, and includes -

(a)

any activity of the Dock Labour Board (b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include (1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. (2) hospitals or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service ; or (5) khadi or village industries; or 19 20 (6) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or (7) any domestic service; or (8) any activity, being a profession practised by an individual or body of individuals, if the number of persons employed by the individuals or body of individuals in relation to such professional is less than ten ; or (9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten ;

 DISPUTE RESOLUTION MACHINERY Non-adjudicatory machinery Works Committees Conciliation Voluntary arbitration Court of Inquiry

 WORKS COMMITTEE Joint Committee with equal number of employers and employees representatives for discussion of certain common problems. Sec.3 Reasons for weakness A purely consultative body, whose recommendations and suggestions are not binding Lack of understanding among workers Lack of co-operation among trade unions

 CONCILIATION OFFICER Conciliation officer: Government to appoint conciliation officers for specified industries or specified areas, whether temporary or permanent

Have no power to decide, but strive to find solution. Powers of conciliation officers: Power of entry and inspection of premises Power to call for and inspect documents Report to be submitted within 14 days or less from
commencement

BOARD OF CONCILIATION Usually constituted to handle disputes involving more complications Powers of Board of conciliation: Compelling attendance of any person Examining on oath Compelling production of documents Time limit of two month or less

Dispute Resolution Machinery.contd.

Non-adjudicatory machinery Works Committees Conciliation Voluntary arbitration Court of Inquiry Adjudication: Labour Court Industrial Tribunal National Tribunal Dispute Resolution Machinery.contd.

Labour Courts deal with matters pertaining to discharge and dismissal of workmen, application and interpretation of Standing Orders, propriety of orders passed under Standing Orders, legality of strikes of lock outs etc. Industrial Tribunals deal with collective disputes such as wages, hours of work, leave, retrenchment, closure

Retrenchment Vs Lay-off By retrenchment is meant termination of employment by which employee is discharged of the duties paying compensation as prescribed under the Industrial Disputes Act. This refers to a permanent cessation of employment. The retrenchment compensation is 15 days salary for every completed year of service of the concerned employee. Lay Off, on the other hand, refers to temporary cessation of employment due to non availability of power, materials, breakdown of machinery, over stock, lack of order etc. The laid off employees will be paid lay off compensation as prescribed under the ID Act, ie, 50 % of salary. Once the work is regularised, the employees laid off will resume work as usual. The days for which they were laid off will not be counted as break in service but will enjoy all benefits of continuous service.

PROHIBITION OF STRIKES & LOCK OUTS PROHIBITION OF STRIKES & LOCK OUTS Without giving to the employer notice of strike,within six weeks before striking.

Within fourteen days of giving such notice.

Before the expiry of the date of strike specified in any such notice as aforesaid. During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. During the pendency of conciliation proceedingsbefore a Board and sevendays after the conclusion ofsuch proceedings. During the pendency of proceedings before a LabourCourt, Tribunal or National Tribunal and two months, after theconclusion of such proceedings. During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings,where a notification has beenissued under Sub-Section(3A) ofsection 10A During any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award. Secs.22&23

PENALTIES Committing unfair labour practices Illegal strike and lock-outs Instigation etc. for illegal strike or lock-outs. Giving financial aid to illegal strikes and lockouts. Breach of settlement or award Closure without 60 days notice under Sec.25 FFA Contravention of Sec.33 pertaining to change of conditions of Service during pendency of dispute etc. When no penalty is provided for contravention