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Industrial dispute
actSubmitted by
Reshma
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Industrial dispute
An industrial dispute may be defined as
a conflict or difference of opinion
between management and workers onthe 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.
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When an industrial dispute occurs, both
the parties, that is the management and
the workmen, try to pressurize eachother. The management may resort to
lockouts while the workers may resort
to strikes, picketing or gheraos.
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Definition of ID
Disagreement or controversy
between management and
labour with respect to wages,working conditions, other
employment matters or unionrecognition.
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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 non-
employment or the terms of employment orwith the conditions of labor.
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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 followingobjectives
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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
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Prevention of illegal strikes & lockouts
Relief to workmen in case of layoff &
retrenchment
Promotion of collective bargaining
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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.
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5. Lack of training given toemployees.
6. Assignment of unduly heavywork-loads to worker, unfair labourpractices.
7. Lack of strong and healthy tradeunionism
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8. A spirit of non-cooperation and a generaltendency among employees to criticize oroppose managerial policies
9. Difference in regard to sharing the gainsof increased productivity
10. Inadequate collective bargainingagreements.
11. Legal complexities in the industrialrelations machinery or settlement ofindustrial disputes.
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12. Not successful in implementinglabour laws and inadequacy of labourlaws.
13. Political environment of thecountry; and Agitation and wrongpropaganda by selfish labour leaders tofurther their own interests of their ownparty.
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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
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Lock outSection 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
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Gherao- means encirclement of themanagers to criminally intimidate him to
accept the demands of the workers.
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Lay offsection 2(kkk)
Employer refuses to give
employment due to specifiedreasons such as shortage of coal,power, raw materials , break down
of machinery , natural calamity orany other reasons
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Voluntary Methods
Code of Discipline
Tripartite Machinery
Workers Participation
Collective Bargaining
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Government machinery
Works Committee
Conciliation Board, Officers
Voluntary Arbitration
Court of Enquiry
Adjudication - Labor Court
National Tribunal
Industrial Tribunal
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Statutory Measures
I.D. Act, 1947
State Acts
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Voluntary
methods
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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 andprincipal organization of employers
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Tripartite machinery
consist of various bodies.
Indian Labour Conference, The
Standing Labour Committee, TheInternational Committees, TheCentral Implementation and
Evaluation Committee.
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These committees include
representatives from centre and
the states, and the same numberof workers and employers from
the organizations.
Committees are basically of
advisory nature
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Workers Participation in
Management
Process by which employees
either individually orcollectively, become involved inone or more aspects oforganizational decision makingwithin the enterprises in whichthey work.
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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. Collectiveagreements usually set out wage scales,
working hours, training, health and
safety, overtime, grievances mechanisms andrights to participate in workplace or company
affairs.
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Government
machinery
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Works committee
. setting up works committees in
every organization having 100 ormore employees for maintaininga harmonious relations at the
work place and sort out thedifference if any
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Conciliation officers
When the services of a neuralparty are needed for theamicable solution of a dispute
between the disputing parties,this practice is known asconciliation. Conciliation officersare those who appointed by the
government to solve the dispute
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Board of conciliation
:
The Board of Conciliation is a higherforum and is constituted for a specificdispute. It consists of equal number ofrepresentatives of employers and
employees under the chairmanship ofan independent person, appointed bythe government. The Board has tosubmit its report to the governmentregarding the dispute within twomonths from the date dispute wasreferred to it. However, depending onthe case, the period can be extended
.
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Voluntary arbitration
Voluntary arbitration: In case of existed orapprehended dispute, the disputing partiescan enter into an arbitration agreement in
writing. The success of voluntary arbitrationdepends on a sufficient degree of mutual
confidence in decision by agreement onsubjects which may be submitted
for arbitration.
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Court of enquiry
This body basically is a fact-finding agency,
constituted just to reveal the causes of thedisputes and does not care much for thesettlement thereof. The Court of Enquiry isrequired to submit its report to the governmentordinarily within six months from the
commencement of enquiry. The report of thecourt shall be published by the government
within 30 days of its receipt.
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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 systemfor adjudication of industrial disputes. They
are Labor Court
National Tribunal
Industrial Tribunal
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Statutory
measures
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Indian Constitution
Factories Act
Industrial disputes Act
Wages Act
Minimum Wages Act
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Trade Unions Act
Bonus Act
Provident Fund Act Employees State Insurance Act
Gratuity Act
Maternity Benefit Act
Workmens compensation Act
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