1412013 172756 f048 industrial dispute hrm

7/28/2019 1412013 172756 F048 Industrial Dispute HRM

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Causes & Settlement


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The term industrial dispute is defined by Section 2(k) of the Industrial Disputes Act, 1947 as, anydisputes or differences between employers andemployers, or between employers and workmen, orbetween workmen and workmen, which isconnected with the employment or non-employment or the terms of employment or withthe conditions of labour, of any person.


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Economic causes Political Causes

Personnel Causes

Indiscipline


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Strike: According to Industrial Disputes Act 1947, a strike is a

cessation of work by a body of persons employed in anindustry acting in combination; or a concerted refusal ofany number of persons who are or have been so employedto continue to work or to accept employment.


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Stay away Strike Stay-in Strike

Slow Down Strike

Tools down Strike Sympathetic Strike

Hunger Strike

Picketing

Boycott

Gherao


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Lock-out :Lockout means closing of a place of business of

employment or the suspension of work or therefusal by an employer to continue to employ any

number of persons employed by him.


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Machinery For Handling Industrial Dispute

Preventive Machinery(Voluntary or Non-voluntary)

Settlement Machinery(Statutory)

Workers

Participationin Mgt.

Collective

Bargaining

Grievance

Procedure

Tripartite

Bodies

Code of

Discipline

Standing

Orders

Conciliation Court ofEnquiry

VoluntaryArbitration

Adjudication

NationalTribunals

ConciliationOfficer

ConciliationBoard

Labourcourts

IndustrialTribunals


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It is a method whereby the workers areallowed to be consulted and to have a say inthe management of the unit.

Like: Works committee, JMC, Shop counciland joint council.


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A situation in which essential conditions ofemployment are determined by a bargainingprocess undertaken by representatives of agroup of workers on one hand and of one or

more employers on the other.


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Grievances are symptoms of conflict in theenterprise.

Management can prevent the occurrence ofthe industrial disputes by solving theindividual problems.


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Tripartite Consultative machinery aim to bring theparties together for mutual settlement ofdifferences in a spirit of cooperation and goodwill.

Like: ILC and SLC

The representatives of the workers and employersare nominated to these bodies by the Central Govt.in consultation with All-india organisations ofworkers and employers.


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It is a set of self-imposed mutually agreedvoluntary principles of discipline and goodrelations between the management and theworkers in industry.

It was approved by the 16th ILC held in 1958. It contains three sets of code :

Management and union agrees

Management agrees

Union agrees


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The Industrial Employment Standing Orders Act,1946 made obligatory that standing orders would

govern the conditions of employment

The standing orders regulate the conditions of

employment from the stage of entry to the orgn. tothe stage of exit from the orgn.

It provides DOs and Donts which acts as a code ofconduct for the employees.


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Conciliation is the practice by which the services ofa neutral party are used in a dispute as a means ofhelping the disputing parties to reduce the extentof their differences and to arrive at an amicable

settlement or agreed solution.

The ID Act ,1947 provides for conciliation andemphasises for the appointment of conciliation

officers or a board of conciliation .


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The conciliation proceedings time-limits have beenprescribed as 14 days in case of conciliationofficers and two months in the case of a board ofconciliation

The act prohibits strike and lockouts during thependency of conciliation proceedings before aboard and for seven days after the conclusion of

such proceedings.


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Conciliation Officer:

The law provides for the appointment of Conciliationofficer by the govt. to conciliate between the parties tothe industrial dispute.

The conciliation officer is appointed by the appropriategovt. by notification in the official gazette.

At the state level, the commissioner of labour, Additionalcommissioner or the deputy commissioner of labour maybe appointed as conciliation officer for disputes arising in

an undertaking employing more than 20 workmen..


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The board is tripartite and adhoc body

It consists of a chairman 2-4 other members

The chairman needs to be an independent person and othermembers are nominated in equal nos. by the parties to thedisputes

The board must submit its report to the govt. within the 2months of the date on which the dispute was referred to.

The period can further be extended by Govt. for 2 months


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To submit its report within 6 mons. This report is subsequently published by the govt.

within 30 days of its receipt.

Workers right to strike , employers right to

lockout remain unaffected. It aims at inquiring and revealing causes of a

dispute, therefore is known as fact-findingmachinery.


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It refers to getting the disputes settled through anindependent person chosen by the parties involvedmutually and voluntarily.

Arbitration offers an opportunity for a solution ofthe dispute through an arbitrator jointly appointedby the parties.


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It consists of settling disputes through interventionby the third party appointed by the govt.

The law provides the adjudication to be conductedby the :

Labour Court Industrial Tribunal

National Tribunal


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A labour court consists of one person only,normally a sitting or an ex-judge of a High Court.

The issues referred here are: The legality of an order passed by an employer under the

Standing Orders. The application and interpretation of Standing orders

Discharge & dismissal of workmen and grant of relief tothem

Withdrawal of any statutory concession or priviledge.

Illegality of strike or lockout. All matters not specified in the 3rd schedule of ID Act,

1947.


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It is also a one-man body. The issues include:

Wages including the period and mode of payment.

Compensatory and other allowances.

Hours of work and rest intervals.

Leave with wages and holidays. Bonus, profit sharing, provident fund and gratuity,

Shift working

Rules of discipline

Retrenchment

Any other matter that may be prescribed.


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Involves questions of national importance or theindustrial dispute is of such a nature thatundertaking established in more than one state arelikely to be affected by such a dispute.

Two assessors are appointed by central govt.

1412013 172756 f048 industrial dispute hrm

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