Professional Documents
Culture Documents
Methods of Settling Industrial Disputes
Methods of Settling Industrial Disputes
Disputes
Collective Bargaining
Collective bargaining implies the following
main steps:
a. Presentation in a collective manner, to the
employer, their demands and grievances by the
employees;
b. Discussions and negotiations on the basis of
mutual give and take for settling the grievances
and fulfilling the demands;
Voluntary Arbitration
In many cases an argument simply cannot be
settled as both parties disagree on their own
grounds. They therefore enter into Voluntary
Arbitration, which involves appointing an
independent party to assess the situation and
then make a decision based on the facts
presented to them.
It is commonly viewed as less expensive and
faster than resolving a dispute in court.
An arbitrator may be a single person or a panel.
Compulsory Establishment of
Bipartite Committees
The state has passed enactments requiring the
establishment of bipartite committees
consisting of the representatives of workers
and their employer at the plant or industrial
level.
These bipartite committees are given the
power to settle differences between the
workers and the employers as soon as they
appear, and thereby they prevent them from
growing into big conflagrations.
i.
ii.
iii.
a.
b.
Establishment of Compulsory
Collective Bargaining
State may encourage, and if necessary, force
workers and employers to enter into formal
collective bargaining through their
representatives.
In India, refusal to bargain collectively in good
faith by the employer and the recognised
union, has been included in the list of unfair
labour practices by an amendment of the
Industrial Disputes Act in 1982.
Compulsory Investigation
Many governments have assumed power under
laws relating to industrial relations, to set up a
machinery to investigate into any dispute.
A Court of Inquiry is appointed which finds out
the relevant facts and issues involved and give
them wide publicity so that the pressure of public
opinion may force the recalcitrant party to give
up its obstinate attitude.
a.
b.
c.
d.
Compulsory Arbitration or
Adjudication
Adjudication in India
Collective Bargaining
It gives democratic
freedom to parties to
resolve their disputes by
mutual discussions and
negotiations.
Use of coercive
economic power of one
party against the other.
Compulsory
arbitration is based
upon the coercive
power of the state.
The authority of the
state is used to
prevent strong groups
and organizations,
whether they belong
to the employers or to
the workers, from
holding the
community to ransom.
Adjudication in India
A strong union may
does not suppress CB,
take up a weak case
rather supplements it.
and still win and vice
There are heavy
versa.
expenses and delays in The institution of
adjudication but it can
collective bargaining is
be improved and is
rooted in the coercive
gradually improving.
power of the parties
Helps workers in poorly
themselves.
organised sector in
securing significant
gains.
There are no
standards which can
be used by
adjudicators, to
resolve divergent
interests and to
judge the fairness or
otherwise of
conflicting claims.
The adoption of
collective bargaining
comes with a
freedom to resort to
strikes and lock-outs
which can hamper
industrial growth.
i.
ii.
Statutory Machinery
Statutory Machinery consists of:
a. Works Committee,
b. Permanent conciliation services for particular
geographical areas or industries both at the
central and state levels,
c. Ad hoc Board of Conciliation at the central and
state levels,
d. Ad hoc Courts of Inquiry at the central and
state level,
Non-statutory Bodies
Non statutory bodies exist at different levels
such as the Indian Labour Conference and
Standing Labour Committee at the national level,
Wage Boards and Industrial Committees at the
industry level, and State Labour Advisory Boards
at the state level.
The primary purpose of these organisations is to
work out the guiding principles of the relations
between employers and employees in order to
prevent industrial disputes from arising.
Working
The Code of Discipline has come to be accepted
not only by the central organisations of
employers and workers represented by the
Indian Labour Conference, but also by those
who are not he members of these organisations.
The Code is also applicable to public sector
undertakings run as companies and
corporations except those under the Ministry of
Defence, Railways , and Ports.
i.
i.
ii.
iii.
iv.
v.
Industrial Committees
The establishment of Industrial Committees for
specific industries was the outcome of the 1944
session of the Indian Labour Conference.
There are no rigid constitution in respect or these
committees, but the policy of their remaining
tripartite in character and equal representation of
employers and workers is accepted.
Within the framework of this broad policy, the
actual composition is decided afresh each time a
meeting is convened.
Wage Boards
Second Five Year Plan had observed:
Statistics of industrial disputes show that
wages and allied matters are the major
source of friction between employer and
workers.
An authority like a tripartite wage board,
consisting of equal representatives of
employers and workers and an independent
chairman will probably ensure more
acceptable decisions.
Such wage boards should be instituted for
individual industries in different areas.