INDUSTRIAL DISPUTES & IT'S CURES

Content 1: Meaning & definition of Industrial Dispute. 4: Procedure for settling Industrial Disputes. . 3: Types of Industrial Dispute. 2: Causes of Industrial Dispute.

10 Definition of Industrial Dispute As per Section 2(k) of ID Act.Industrial Disputes Meaning Industrial Dispute means any dispute or difference between employer and employees . or any person. Any dispute concerned with employment or non-employment’ constitute the subject matter of one class or industrial disputes. of any person. The words employment and non employment in the definition are of widest amplitude and have been but in juxtaposition to make the definition comprehensive.1947 “Industrial dispute” means any dispute or difference between employers and employers . The matters which can form subject matter industrial dispute are enumerated in Second. or between employer and workmen or between workmen and workmen. which is connected with the employment or non-employment. .or between employers and workmen. Third and Fourth Schedule given at the end of Industrial Dispute Act. which is connected with the employment or non-employment or the terms of employment or with the conditions of labour . or between workmen and workmen . or the terms of employment or with the conditions of Labour. The Scope and definition of Industrial Dispute is very wide.

promotion. .” Interest disputes relate to determination of new wage level and other condition of employment while rights disputes on the other hand relate to interpretation and application of existing standards and usually involve and individual worker or group of workers. work rules and fulfillment of obligation relating to safety and health laid down in an agreement. Such grievances may be regarding retrenchment . transfer. demotion . overtime. payment of wages. Such disputes are also described as grievance disputes. claim is made that the workmen have not been treated in accordance with the rules. laws and regulations and as per collective agreements. seniority. individual contracts of employment.dismissal. working time. job classification. Under category of rights disputes.CAUSES OF INDUSTRIAL DISPUTES There are two types of Industrial Disputes”Interest Disputes” and “Rights Disputes.

In fact. Picketing ‘Picketing’ is an act of posting pickets and implies patrolling with signs. it is persuasive in nature. ‘watching’ and dissuading those who want to go to work during a strike. banners and placards for the purpose of excluding others from the place. the meaning of the word ‘picketing’ is . Though the employees have got the fundamental right to demonstrate. ‘Boycott’ is an appeal to all the voluntary withdrawal of cooperation and so. hunger strike is resorted to exert moral force and when a worker starts ‘hunger strike’ or propagating indiscipline amongst the workers. Hunger Strike is not generally looked upon as such heinous offence as to justify dismissal from service. ‘Picketing’ on to other hand connotes necessary and adequate measures to disallow co-operation by others for the normal function and flow of business. In short. yet it is not necessary in the exercise of that right that the demonstration should be at the work place. 3. ‘Boycott’ and ‘picketing’ are twin weapons of the same effect to disrupt the normal functioning of the enterprise.TYPES OF INDUSTRIAL DISPUTES 1: Demonstration A demonstration is visible manifestation of the feelings or sentiments of a individual or a group and is thus a communication of one’s ideas to others to whom it is intended to be conveyed. 2: Hunger Strike It is resorted to instill sympathy into the heart of the employer and to attract other workers and the public in general. .

usually the managerial or supervisory staff of an establishment. or even residence or forcible occupation. or a concerned refusal or a refusal under a common understanding of an number of persons who are or have been so employed to continue to carry out their work in a normal manner with normal energy. and occasionally accompanied by assault. criminal trespass. unlawful assembly and various other criminal offences.5. The target may be a place or a person or persons. . and / or wrongful confinement. mischief to person and property. 6. The blockade may be complete r partial and is invariably accompanied by wrongful restraint. Gherao ‘Gherao’ is a physical blockade of a target. either by encirclement intended to block the egress and ingress from and to a particular office. Go-slow ‘Go-slow’ means any thing less than normal work or output by a body of persons employed in any industry acting in combination.

Mediator on the other hand is more actively involved while assisting the parties to find an amicable settlement.PROCEDURE FOR SETTLING INDUSTRIAL DISPUTES Collective Bargaining: Collective Bargaining is a technique by which dispute as to conditions of employment. many a time negotiations fail.e. The Industrial Dispute a provides for a three tier system of adjudication viz. However. On the other hand in case of voluntary arbitration. between labour and management. 7A and under section 7B respectively. The jurisdiction of the Industrial Tribunal is wider that the labour courts. Conciliation & Mediation: Through conciliation and mediation a third party provides assistance with a view to help the parties to reach an agreement. although reluctantly. Negotiation: Negotiation is one of the principal means of settling labour disputes. Labour Courts . no settlement is arrived at between employer and the workman. 7 . . Industrial Tribunals and National Tribunals under section. The industrial tribunal are empowered to adjudicate on matters specified in both the Second and Third schedule i. due to lack of trust between the employers and workmen or their trade unions or inter-rivalry of the trade unions and the employers being in a commanding position. rather than by coercion. The conciliator brings the rival parties together discuss with them their differences and assist them in finding out solution to their problems. Compulsory arbitration is the submission of disputes to arbitration without consent or agreement of the parties involved in the dispute and the award given by the arbitrator being binding on the parties to the dispute. Adjudication: If despite efforts of the conciliation officer . Arbitration: The resort to arbitration procedure may be compulsory or arbitrary . by agreement. are resolved amicably. both rights and interest disputes. The dispute is settled peacefully and voluntarily. Sometimes he submits his own proposals for settlement of their disputes. the dispute can be referred for arbitration only if the parties agree to the same.

Sign up to vote on this title
UsefulNot useful