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Ir Tripartite and Bipartite Bodies PDF
Ir Tripartite and Bipartite Bodies PDF
TRIPARTITE BODIES
Tripartism is a system of labour relations in which the state, employers, and
workers are autonomous yet interdependent partners, pursuing common interests
and participating in decisions affecting them in a binding spirit of mutuality and
reciprocity. This can take place at either or both macro and micro levels.
Tripartite consultation is an important feature of Indias industrial relations
system. It has a long history in India as it was set up as early as 1942. The Indian
Labour Conference (ILC) and the Standing Labour Committee (SLC) are two main
forums for Tripartite Consultation. The objectives of Tripartite Consultation could be
mentioned as under:
i.
ii.
iii.
Tripartite forums evolve norms or standards in the form of guidelines. There are a
number of tripartite bodies which operate at the Central and State levels. The Indian
Labour Conference, Standing Labour Committees, Wage Boards and Industrial
Committees operate at the Central level and State Labour Advisory Boards operate
at the state level. All these bodies play an important role in reaching at voluntary
agreements on various labour matters. Though the recommendations of these
bodies are only advisory in nature they carry considerable weight with the
government, workers and employers. Some important measures agreed to by the
Indian Labour conference in past are:
1. Setting up of bipartite works committees, joint consultative and
production committees.
2. Adoption by employers and unions of a voluntary code of discipline;
3. Following proper grievance and disciplinary procedures;
4. Deciding norms for fixing need based wages;
5. Rationalizing and revising wage structures of important industries
through non-statutory wage boards; and
6. Encouraging voluntary arbitration for the settlement of industrial
disputes.
Industrial relations in India have been shaped largely by principles and policies
evolved through tripartite consultative machinery at the industry and national levels.
The aim of the consultative machinery is to bring the parties together for mutual
Prof. Amaresh C. Nayak
respect till the outbreak of the Second World War, which necessitated the need for
maintenance
of
industrial
peace.
During
the
Second
World
War
separate
consultations with the representatives of labour and employers were held in 1941
and 1942 by the Government of India to finalize post-war labour programmes. The
experience of these consultations highlighted the necessity of holding joint meetings
of the representatives of the government, workers and employers, thus, providing a
common platform for the resolution of differences between the employers and
workers by means of discussion and mutual understanding. Accordingly, the Fourth
Labour Conference was held in August 1942. It set up a permanent tripartite
collaboration machinery and constituted a Preliminary Labour Conference (later
named as the Indian Labour Conference ILC) and the Standing Labour Advisory
Committee (which subsequently dropped the word Advisory from its title SLC).
Initially the ILC consisted of 44 members whereas the SLC was about half the size of
the ILC. The pattern of representation was governed by the obtaining in the
International Labour Conference. It ensured:
i.
ii.
iii.
iv.
The rules and procedures, which characterize the Indian tripartite consultative
machinery, are largely in tune with the recommendations of the ILO
Committee on consultation and co-operation. (Recommendation No.113).
A detailed account of various resolutions adopted by the ILCs in their last two
sessions is presented here:
a. The 30th Session of the Indian Labour Conference
The 30th Session of the ILC was held on September 7-8, 1993 at New Delhi.
After deliberations, it arrived at the following conclusions4.
1. On the impact of New Industrial Policy, the chairman referred to the assurance
by the Prime Minister that it would not lead to any human distress and the
legitimate interests of labour would be protected.
2.
The removal of ceiling on bonus both for eligibility and for computation
by promulgation of an ordinance;
ii.
iii.
iv.
v.
vi.
are as under.
1. The institution of the Indian Labour Conference should be strengthened
further
2. The Central and State Governments and the social partners should come
together in making the comprehensive industrial relations law a reality and
an instrument of production, productivity, employment generation and
enhancement of living standards.
3. Productivity of economic enterprises as a whole is of paramount importance.
4. The government should give special attention to streamlining the public
distribution system, particularly in centers of concentration of working
people.
5. The Government should review the situation arising out of the wage
negotiations in Central Public Sector Undertakings and should facilitate
speedy conclusion of wage negotiations and settlements.
6. The workers representatives demanded that the eligibility and calculation
ceilings under the Payment of Bonus Act should be scrapped, whereas the
employers representatives demanded that a quick decisions should be taken
on introduction of DA slabs.
7. The government should introduce the Pension for Provident Fund subscribers
on priority basis and there should be tripartite consultations before its
introduction. Management of Social Security Funds should be professionally
handled so as to maximize the returns on investments.
8. Steps should be taken for speedy and orderly investigation into the
rehabilitation of sick industrial enterprises registered with the BIFR,
minimizing distress for the workers and disabilities for the employers.
9. The constitution and the functioning of the National Renewal Fund should be
reviewed such that the Fund truly serves the purpose of industrial renewal
and regeneration and creation of employment opportunities.
10. Implementation of training programmes should be undertaken within the
framework of a well thought-out plan.
11. The Central and State Governments should give high priority to allocation of
resources for elementary and vocational education. Special attention should
be given to the education of women.
12. The government should enact, on priority basis, laws for covering agricultural
and construction workers.
Prof. Amaresh C. Nayak
13. The Labour Ministry should set up an Advisory Body to review, from time to
time, the status of women.
14. The Constitution of the Child Labour Advisory Committee should be reviewed
to ensure that it is fully representative of the social partners.
15. Representatives from workers and employers organizations should be
included in the National delegation to the World Summit for Social
Development.
16. The Vocational Training System in the country should be reorganized.
17. The resolutions of the 32nd Session of the Standing Labour Committee in
respect of the social clause, child labour elimination and bonded labour were
fully endorsed. The social partners should take further follow up action on the
resolutions.
18. The new International Economic Order holds out vast opportunities for
should
reflect
the
needs
of
the
qualitative
change
in
the
action
for
the
elimination
of
child
labour in
hazardous
strategy for NTC on June 26, 1993. On the recommendation of this committee, a
sub-committee was constituted to consider the implementation of turnaround
strategy. It had eight rounds of meetings. This committee led to the final agreement
on April 9, 1994 for the modernization of N.T.C
(2)
Committee on Plantation:
For the effective amendment of the Plantation Labour Act, 1951, a Tripartite
Committee on Plantation was reconstituted. The first meeting of the committee took
place on April 27, 1994. A sub-committee of the tripartite committee also considered
the specific issue relating to medical facilities was held on April 27, 1994. The
consensus arrived at meetings called for amendment in Plantations Labour
(Amendment) Bill 1992 (that was earlier introduced by the government in the Rajya
Sabha).
The 41st session of the Labour Ministers conference was in held New Delhi. On
Prof. Amaresh C. Nayak
10
August 13, 1992 under the chairmanship of Union Minister of State for Labour. After
deliberations on various issues it arrived at the following conclusion:
The Ramanujan Committee report on trade unions was considered by the
conference. it was decided to place the report before the next I.L.C. (ii) It was
decided to appoint a committee of labour ministers to go into the recommendations
of National Commission on Rural Labour (NCRL) pertaining to (1) Social Security, (2)
Central legislation for agriculture labour, (3) Central legislation for construction
workers, (4) Appointment of National Commission on Bonded Labour. (iii)It was
decided to convene a labour minister conference to consider the question of
improvement of quality of medical services rendered under the E.S.I.C. (iv)It was
held that restriction on the employment of outsider and the problem of inter state
migrant worker needs serious consideration and therefore be referred to inter state
and even to the national integration council. For safeguarding the interest of child
labour it was emphasized that the Child Labour (Prohibition and Regulation) Act,
1986 needs more effective implementation. The conference also called for the
amendment of the Act.
(5) Other Tripartite Committees
Besides the various committees discussed earlier, all those committees that
have been playing a vital role in the implementing a uniform and co-ordinated
labour policy in the country are discussed under this head. A few important
committees are:
(a)Steering Committee on Wages
It was set up in 1956 as a study group on wages and was subsequently
reconstituted as the steering committee on wages. It consists of representatives
of state governments, employers and workers and an economist. The functions of
this committee are: (i) to study trends in wages. production and prices; (ii) to
plan collection of material for drawing up a wage map of India; and (iii) to draw up
reports from time to time for laying down principles which will guide wage fixing
authorities.
(b)
11
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BIPARTITE BODIES
Bipartism is a system of industrial relations where social and labour issues are
discussed between trade unions and management, usually at the enterprise level.
The bipartite consultative machinery comprises two important constituents, viz.,
the works committees and the joint management councils. These are purely
consultative, and not negotiating bodies. This consultative joint machinery- with
equal representation of the employers and the workers has been set up exclusively
for dealing with disputes affecting the plant or industry.
Evolution of Such Bodies
The importance of bipartite consultative machinery was first recognized as early
as in 1920, when a few joint committees were set up in the presses controlled by the
Government of India. They were also introduced in Tata Iron and Steel Company at
Jamshedpur.
The importance of bipartite consultation was further highlighted by the First-FiveYear Plan which maintained: There should be the closest collaboration, through the
consultative committee at all levels, between employers and employees for the
purpose of increasing production, improving quality, reducing cost and eliminating
waste8, The second Plan also stressed the need for joint consultation and
progressively associating the workers and technicians, wherever possible, in
management9.
Bipartite Bodies
The two important constituents of bipartite consultative machinery are (A) Works
Committee, (B) Joint Management Councils. A brief review of these bodies is given
here.
1. Works Committees
These committees have been regarded as the most effective social institution of
industrial democracy and as a statutory body, established within the industrial units
with representatives of the management and workmen, for preventing, and settling
industrial disputes at the unit level. The works committee can be formed by any
enterprise, employing 100 or more workers. Its objectives are: (i) To remove the
causes of friction in the day-to-day work situation by providing an effective
grievances-resolving machinery; (ii) To promote measures securing amity and good
relationship; (iii)To serve as a useful adjunct in establishing continuing bargaining
relationship; and (iv)To strengthen the spirit of voluntary settlement, rendering
recourse to conciliation, arbitration and adjudication rather infrequent; for these are
Prof. Amaresh C. Nayak
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