Industrial Relations

Evolution of Industrial Relations

Pre-Independent days workers were hired and fired Employment and wages conditions were very poor Eployers and Workmen (disputes) Act, 1860 After world war-I workers now resorted to violence and employers to lockouts Trade Dos[itesAct.1929 enacted

Evolution of Industrial Relations

Bombay Industrial Relations Act, 1946. It was amended in 1948, 1949, 1953 and 1956. After Independence Industrial Disputes Act, 1947. Indian Labour Conference Many labor laws were enacted during 1947 to 1956.

Evolution of Industrial Relations

Code of discipline was introduced in1958. National commission of labor was appointed by the government to look into labor matters and make recommendations. It submitted report in 969. At present at eh plant level IR has become highly relgulated.

Industrial Disputes
An industrial dispute means any dispute or difference between employers and employers or between employers and workmen ,or between workmen and workmen, which is connected with the terms and conditions of employment of any person.

Causes
Demand for Higher wages Non-Implementation of Bonus Schemes Demand for better working condition Failure to recognise Unions Demand for proper leave Rules Over Time Payment Political Interference Punishment to Workers

CONTD.
Mass retrenchment & undue promotions Insecurity of Service Wrong policy or decision Bad Behavior Non-redressal of grievances

WHO CAN RAISE A DISPUTE?

A dispute is said to have arisen when some demand is made by workmen and it is rejected by the management. A workmen can raise dispute. However dispute between single employee and employer doesnt fall within the definition of industrial dispute

PROCEDURE FOR SETTLING INDUSTRIAL DISPUTES

NEGOTIATION: Negotiation is one of the principal means of settling labour disputes. However, due to lack of trust between the employers and workmen or their trade unions or inter-rivalry of the trade unions and the employers being in a commanding position, many a time negotiations fail.

CONCILIATION AND MEDIATION:

Through conciliation and mediation a third party provides assistance with a view to help the parties to reach an agreement. The conciliator brings the rival parties together discuss with them their differences and assist them in finding out solution to their problems. Mediator on the other hand is more actively involved while assisting the parties to find an amicable settlement. Sometimes he submits his own proposals for settlement of their disputes.

ARBITRATION:
The resort to arbitration procedure may be compulsory or arbitrary . Compulsory arbitration is the submission of disputes to arbitration without consent or agreement of the parties involved in the dispute and the award given by the arbitrator being binding on the parties to the dispute. On the other hand in case of voluntary arbitration, the dispute can be referred for arbitration only if the parties agree to the same.

 If despite efforts of the conciliation officer , no settlement is arrived at between employer and the workman, The Industrial Dispute provides for a three tier system of adjudication viz. Labour Courts , Industrial Tribunals and National Tribunals under section, 7 , 7A and under section 7B respectively. The industrial tribunal are empowered to adjudicate on matters specified in both the Second and Third schedule i.e. both rights and interest disputes. The jurisdiction of the Industrial Tribunal is wider that the labour courts.

ADJUDICATION:

AUTHORITIES
In establishments where 100 or more workers are employed Govt may require the employer to set up work committee Composed of equal number of representatives of workmen and management to preserve amity and establish cordial relations and to resolve differences of opinion on matters of common interest

Conciliation officer
Conciliation officer Appointed by government Duty is to mediate in and promote the settlement of industrial disputes. In some cases officer will investigate the dispute and induce the parties to come to an amicable statement. He has to send a report of settlement to govt. He has to submit the report within 14 days of commencement of conciliation proceedings.

Board of conciliation
The govt may notify constitution of board of conciliation for promoting settlement of an industrial dispute. Its role is also consulative,like conciliation officer.

Court of enquiry
The govt may constitute a court of enquiry to enquire into any matter connected with an industrial dispute. The objective is to enquires into and reveal the causes of an industrial dispute.

Labour courts
These are to protect the labours and also to establish a cordial relations. Functions legality of an order passed by an employer under the standing orders Application and interpretation of standing orders Discharge or dismissal Withdrawal of any customary concession or privilege Illegality or otherwise of a strike or lock out All matters

Welfare officer
Welfare officer Under factories act 1948,the appointment of welfare officer in the organization if workers are 500 or more.