INDUSTRIAL

DISPUTES
&
IT'S CURES

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

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

Definition of Industrial Dispute

As per Section 2(k) of ID Act,1947
Industrial dispute means any dispute or difference between
employers and employers ,or between employers and workmen,
or between workmen and workmen , which is connected with the
employment or non-employment or the terms of employment or
with the conditions of labour , of any person.

CAUSES OF INDUSTRIAL DISPUTES

There are two types of Industrial DisputesInterest Disputes and Rights Disputes.
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.
Under category of rights disputes, claim is made
that the workmen have not been treated in
accordance with the rules, individual contracts of
employment, laws and regulations and as per
collective agreements. Such disputes are also
described
as
grievance
disputes.
Such
grievances may be regarding retrenchment
,dismissal, payment of wages, working time,
overtime, demotion , promotion, transfer,
seniority, job classification, work rules and
fulfillment of obligation relating to safety and
health laid down in an agreement.

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 ones ideas to others
to whom it is intended to be conveyed. Though the employees have got the
fundamental right to demonstrate, yet it is not necessary in the exercise of
that right that the demonstration should be at the work place.

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. Hunger Strike is not
generally looked upon as such heinous offence as to justify dismissal from
service. In fact, hunger strike is resorted to exert moral force and when a
worker starts hunger strike or propagating indiscipline amongst the
workers.

3. Picketing
Picketing

is an act of posting pickets and implies patrolling with signs,

banners and placards for the purpose of excluding others from the place. In
short, the meaning of the word picketing is , watching and dissuading
those who want to go to work during a strike. Boycott and picketing are
twin weapons of the same effect to disrupt the normal functioning of the
enterprise. Boycott is an appeal to all the voluntary withdrawal of cooperation and so, it is persuasive in nature. Picketing on to other hand
connotes necessary and adequate measures to disallow co-operation by
others for the normal function and flow of business.

5. 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, or even
residence or forcible occupation. The target may be a place or a person or
persons, usually the managerial or supervisory staff of an establishment.
The blockade may be complete r partial and is invariably accompanied by
wrongful restraint, and / or wrongful confinement, and occasionally
accompanied by assault, criminal trespass, mischief to person and property,
unlawful assembly and various other criminal offences.

6. 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, 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.

PROCEDURE FOR SETTLING INDUSTRIAL DISPUTES

Collective Bargaining: Collective Bargaining is a technique by which dispute

as to conditions of employment, are resolved amicably, by agreement,
rather than by coercion. The dispute is settled peacefully and voluntarily,
although reluctantly, between labour and management.
Negotiation: Negotiation is one of the principal means of settling labour
disputes. However, 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, many a time negotiations fail.
Conciliation & Mediation: Through conciliation and mediation a third party
provides assistance with a view to help the parties to reach an agreement.
The conciliator brings the rival parties together discuss with them their
differences and assist them in finding out solution to their problems.
Mediator on the other hand is more actively involved while assisting the
parties to find an amicable settlement. Sometimes he submits his own
proposals for settlement of their disputes.
Arbitration: The resort to arbitration procedure may be compulsory or
arbitrary . 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. On the other hand in case of voluntary arbitration, the
dispute can be referred for arbitration only if the parties agree to the same.
Adjudication: If despite efforts of the conciliation officer , no settlement is
arrived at between employer and the workman, The Industrial Dispute a
provides for a three tier system of adjudication viz. Labour Courts ,
Industrial Tribunals and National Tribunals under section, 7 , 7A and under
section 7B respectively. The industrial tribunal are empowered to adjudicate
on matters specified in both the Second and Third schedule i.e. both rights
and interest disputes. The jurisdiction of the Industrial Tribunal is wider that
the labour courts.