While legislation itself has provided many substantive benefits to industrial workers, the delays of labour judiciary have reduced the effectiveness of these benefits . . . . . .

Second Five Year Plan emphasized -

while the observance of stricter discipline, both on the part of labour and management, is a matter which cannot be imposed by legislation alone, it has to be achieved by organizations of employers and workers by evolving suitable sanctions on their own. . .

In 1957, the 15th Session of Indian Labour Conference evolved a code of discipline, which voluntarily bind the employer and workers to settle all disputes and grievances by mutual negotiations, conciliation and voluntary arbitration. In March 1958, the code of discipline was accepted by all the major central organizations of labour

It applies to both public and private industries.

The code has been accepted by 180 employers and 115 trade unions which are not members of any central employees' organizations.

To maintain Discipline in Industry both in public and private sector there has to be a just recognition by employers and workers of the rights and responsibilities of either party

To ensure a proper and willing discharge by either party of its obligations

The Central and State Governments, on their part, are required to examine and set right any shortcomings in the machinery they constitute for the administration of labour laws

Steps by workers & employers organizations in case of breach of code:

Ask for explanationOrder to set right the infringementIssue warning to the unit Levy penaltiesDisaffiliate the unit from membership

2. Grave, wilful & persistent breaches of the code by any party should be widely publicised

3. Failure to observe the code would entail derecognition normally for a period of one year [increased or decreased]

No unilateral action should be taken in connection with any industrial matter Existing machinery for settlement of disputes should be utilized There should be no strike or lock-out without noticeAffirming their faith in democratic principles, they bind themselves to settle all future differences, disputes and grievances by mutual negotiation, conciliation and voluntary arbitration;Neither party will have recourse to coercion, intimidation, victimization, go-slow, etc.

They will avoid litigation, sit-down and stay-in strikes, lock-outsThey will establish upon a mutually agreed basis, a grievance procedure which will ensure a speedy and full investigation leading to settlementThey will abide by various stages in the grievance procedure and take no arbitrary action which would by-pass this procedure They will educate the management personnel and workers regarding their obligations to each other

Not to increase work-loads unless agreed upon or settled otherwiseNot to support or encourage any unfair labour practice To take prompt action for (a) settlement of grievances and (b) implementation of settlements, awards, decision and ordersTo display in conspicuous places in the undertaking the provisions of this code in the local language(s)

To distinguish between actions justifying immediate discharge and those where discharge must be preceded by warning, reprimand, suspension or some other form of disciplinary action and to arrange that all such disciplinary action should be subject to an appeal through normal grievance procedureTo take appropriate disciplinary action against its officers and members in cases where enquiries reveal that they were responsible for precipitate action by workers leading to indiscipline To recognize the union activities

Not to engage in any form of physical duress;Not to permit demonstrations which are not peaceful Members will not engage or cause other employees to engage in any union activity during working hours To discourage unfair labour practices such as (a) negligence of duty, (b) careless operation, (c) damage to property, (d) interference with or disturbance to normal work and (e) insubordination;

To take prompt action to implement awards, agreements, settlements and decisionsTo display in conspicuous places in the union offices, the provisions of this Code in the local languagesTo express disapproval and to take appropriate action against office-bearers and members for indulging in action against the spirit of this code

It is only a gentleman's agreement between employers and employees to maintain a standard of discipline in dealings with each other with the main object of securing better discipline in industry and to facilitate peaceful settlement of disputes

There is no legal binding on code of discipline

However, the organizations of employers and workers are required to apply sanctions against their members for violating the code

These sanctions have been laid down by Standing Labour Committee Indian Labour Conference

They are reformative in character and not punitive.

The collective bargaining process can be possible only when employer recognizes a trade union as bargaining agent and agree to negotiate with it because it is difficult to negotiate with multiple trade unions in a single organization. Therefore, it is a business necessity

The Trade Unions Act, 1926 has no provisions relating to it

However, State legislations are available

Election by Secret Ballot Method

Check-Off method

Verification by union membership by Directorate

Rule of Thumb or Intelligent guessing

Right to raise issues with the managementRight to collect membership fees within the premises of the organizationRight to demand check-off facilityRight to hold discussions with the employees at a suitable place within the premisesRight to discuss members grievances with the employerRight to inspect the place of employment Right to nominate its members in committees formed by the management for the sake of IR

1. Where there is more than one union, a union claiming recognition should have been functioning for at least one year after registration. [Where there is only one union, this condition would not apply]2. The membership of the union should cover at least 15% of the workers in the establishment concerned. Membership would be counted only to those who had paid their subscription for at least three months during the period of six months immediately proceeding the reckoning.3. A union may claim to be recognised as a representative union for an industry in a local area if it has a membership of atleast 25% of the workers of that industry in that area.

4.When a union is recognised, there should be no change in its position for a period of two years

5.Where there are several unions in an industry or establishment, the one with the largest membership should be recognised

6. In the case of trade union federations, which are not affiliated to any of the major central organisations of labour, the question of recognition would have to be dealt with separately.

7.Only unions, which observe Code of Discipline, would be entitled for recognition

Initially by the end of March, 1962, the code was accepted voluntarily by about 900 independent employers and trade unions.

The number increased to around 3000 by the end of 1967

Over the years, however, the willingness and enthusiasm of the parties to observe the code has declined, and they have developed an attitude of indifference to the code It has proved to be difficult for them to abide by self-imposed discipline in terms of obligations backed only by moral sanctions

Your response and suggestions . . . . . . . . . . . . .