disagreement and difference between two connected with ...€¦ · workmen, or between workmen and...
TRANSCRIPT
Disagreement and difference between twodisputants, namely, labour and management,connected with employment or non-employment or with the conditions of labor.
As per Section 2(k) of IDA 1947, “any disputesor differences between employers andemployersor between employers andworkmen, or between workmen and workmen,which is connected with the employment ornon-employment or the terms of employmentor with the conditions of labor, of any person.
Disagreement and difference between twodisputants, namely, labour and management,connected with employment or non-employment or with the conditions of labor.
As per Section 2(k) of IDA 1947, “any disputesor differences between employers andemployersor between employers andworkmen, or between workmen and workmen,which is connected with the employment ornon-employment or the terms of employmentor with the conditions of labor, of any person.
2CA ANUSHRI AGRAWAL
Demand must have been first raisedbefore management and rejected bythem.
A dispute will become industrial disputeonly when it affects the rights of theworkmen as a class. Dispute must becollective.
Severity of industrial dispute is measuredon the basis of man-days lost onaccount of individual disputes.
Parties to dispute must have substantialinterest in the dispute.
Demand must have been first raisedbefore management and rejected bythem.
A dispute will become industrial disputeonly when it affects the rights of theworkmen as a class. Dispute must becollective.
Severity of industrial dispute is measuredon the basis of man-days lost onaccount of individual disputes.
Parties to dispute must have substantialinterest in the dispute.
3CA ANUSHRI AGRAWAL
Strike Boycott Picketing Gherao
•When workers areprevented from workby stationing somepeople at the factorygate•If it doesn't involveviolence, it is legal.•It is an act of postingpickets and impliespatrolling of workers infront of the premises ofthe employer carryingand displaying thesigns, banners andplacards for thepurpose of preventingothers from enteringthe place.
To surround themembers of themanagemnt by
blocking their exitsand forcing themto stay inside their
cabins just likeprisoners so that
their demands areagreed upon
Criticised both onlegal and moral
grounds
• not usingcompany’sproducts.
•Such appealcan be madein public also.
•When workers areprevented from workby stationing somepeople at the factorygate•If it doesn't involveviolence, it is legal.•It is an act of postingpickets and impliespatrolling of workers infront of the premises ofthe employer carryingand displaying thesigns, banners andplacards for thepurpose of preventingothers from enteringthe place.
To surround themembers of themanagemnt by
blocking their exitsand forcing themto stay inside their
cabins just likeprisoners so that
their demands areagreed upon
Criticised both onlegal and moral
grounds
4CA ANUSHRI AGRAWAL
Employer’sAssociation
Lock-out Termination ofServices
To collectivelyoppose the
working class andput pressure on the
trade union
Of those workerswho are on strike
by blacklistingthem.
5CA ANUSHRI AGRAWAL
Section 2(q) of the Industrial Disputes Act,1947, defines a strike as ,
“a cessation of work by a body of personsemployed in any industry acting incombination,
or A concerted refusal under a common
understanding of a number of a personswho are or have been so employed tocontinue to work or to accept employment.
Section 2(q) of the Industrial Disputes Act,1947, defines a strike as ,
“a cessation of work by a body of personsemployed in any industry acting incombination,
or A concerted refusal under a common
understanding of a number of a personswho are or have been so employed tocontinue to work or to accept employment.
6CA ANUSHRI AGRAWAL
As per Petterson, “ A temporarycessation of work by a group ofemployees in order to express theirgrievances or to enforce a demandconcerning changes in work conditions.”
As per Petterson, “ A temporarycessation of work by a group ofemployees in order to express theirgrievances or to enforce a demandconcerning changes in work conditions.”
Refusal to work must be in defiance of the authority.
7CA ANUSHRI AGRAWAL
Primary Strikes Secondary Strikes
• Stay away strike•Sit down and stay instrike•Tools down Strike / Pendown Strike•Token or Protest Strike•Lightening or CAtCAllStrike•Go- Slow•Hunger Strike•Sympathetic Strike
• Pressure is appliedagainst the thirdperson who has goodtrade relations withprimary employerwhich are severedand the primaryemployer incurs a loss.•Not popular in India
8CA ANUSHRI AGRAWAL
Under the Industrial Dispute Act, 1947: A“ lockout means the closing of a placeof business or employment or thesuspension of work, or the refusal by anemployer to continue to employ anynumber of person employed by him”
Under the Industrial Dispute Act, 1947: A“ lockout means the closing of a placeof business or employment or thesuspension of work, or the refusal by anemployer to continue to employ anynumber of person employed by him”
9CA ANUSHRI AGRAWAL
Lockout is the closure of an industrialundertaking because of the existence ofor apprehension of an industrial dispute,violence and damage to property.
Suspension of employment Counterpart of a strike Coerce or force workmen to come to
terms
Lockout is the closure of an industrialundertaking because of the existence ofor apprehension of an industrial dispute,violence and damage to property.
Suspension of employment Counterpart of a strike Coerce or force workmen to come to
terms
10CA ANUSHRI AGRAWAL
Prohibiting an individual employee Retrenchment Termination of services of more than one
person at the same time
Prohibiting an individual employee Retrenchment Termination of services of more than one
person at the same time
11CA ANUSHRI AGRAWAL