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Methods of Settling Industrial Disputes_Final

Methods of Settling Industrial Disputes_Final

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Published by: Rinpal on Mar 20, 2010
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02/19/2014

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Contents
Contents ..........................................................................................................11.0 Introduction ...............................................................................................21.1 What is a dispute? ..................................................................................21.2 Causes of Industrial Disputes .................................................................22.0 Settlement of Disputes ..............................................................................32.1 Voluntary Methods ..................................................................................42.1.1 Collective Bargaining .......................................................................42.1.2 Trade union ......................................................................................52.1.3 Joint Consultations ............................................................................52.1.4 Standing Orders ................................................................................72.1.5 Grievance Procedure ........................................................................82.1.6 Code of Discipline .............................................................................92.2 Statutory Measures ...............................................................................112.2.1 Works Committee ...........................................................................112.2.2 Conciliation .....................................................................................112.2.3 Voluntary Arbitration ......................................................................122.2.4 Adjudication ....................................................................................131 |Page
 
1.0 Introduction
1.1 What is a dispute?
Academically speaking, industrial dispute refers to any conflictbetween employees and employers, between employers andemployers and between employees and employees.
But in reality, dispute is understood as the conflict between employeesand employers.
 There are three types of Disputes :
Disciplinary disputes
Grievance disputes
Industrial disputes
According to Industrial Dispute Act, 1947, Industrial dispute meansany dispute or difference between employers and employers, orbetween employers and workmen, or between workmen and workmen,which is connected with the employment or non-employment or termsof employment or with the conditions of labour of any person.
1.2 Causes of Industrial Disputes
Some of the prominent causes of industrial disputes may be listed thus:
Employment:
The list here includes disputes over wages, allowances,bonus, benefits, working, condition, unjust dismissals, retrenchment of workers, methods of job evaluation, changes in methods of production, non-implement of awards of tribunals, etc. The National Commission on Labourremarked “though on majority of occasions industrial disputes were based onclaims pertaining to the terms and condition of employment, sometimeseconomic issues of a general character dominated and, on occasion, purelymotives”.
Nationalization:
Workers protested against the introduction orationalization, automation, computerization (e.g., Bank unions oppose thismove even now) on various occasion, fearing large scale retrenchment.2 |Page
 
Administration-related causes:
these pertain to ill-treatment,undeserved punishment, verbal abuse, physical assaults, etc.
Recognition:
 
disputes arose when employers failed to recognized a unionas a bargaining agent.
Sympathetic strikes:
Workers struck work in one plant/industry whenthe wanted to exhibit their solidarity with striking workers from another plantor industry.
Psychological/social causes:
On occasion, family, friends,community, environmental pressures and concerns also instigated theworkers to take to the streets.
Institutional causes:
Disputes arose on account of institutional factorssuch as: recognition of unions, membership of unions, scope of collectivebargaining, unfair practices.
Political causes:
Political leaders have use unions as powerful weaponsto build tensions inside a plant/industry with view to satisfy their own privateends on number of occasions, especially in unionised places like Mumbai,Ahmedabad, Kanpur, Culcutta, etc.
2.0 Settlement of Disputes
 The different Methods for prevention of industrial Disputes are shown in thechart. Usually they are divided in two groups: A. Voluntary MethodsB. StatutoryMeasuresEach of them is explained in detail.3 |Page

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