Name: Zeeshan Waheed ID: FA09-MM-0112 Course: Business and Labour Law REPORT ON INDUSTRIAL DISPUTES & SETTLEMENTS Date

: November 24th, 2010

Submitted to: Sir Atif-ud-din

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INDUSTRIAL DISPUTES & SETTLEMENTS .

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

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

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 between employers and workmen.Definition of Industrial Dispute “Industrial dispute” means any dispute or difference between employers and employers . of any person.

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

‘Boycott’ is an appeal to all the voluntary withdrawal of co. Picketing ‘Picketing’ is an act of posting pickets and implies patrolling with signs. hunger strike is resorted to exert moral force and when a worker starts ‘hunger strike’ or propagating indiscipline amongst the workers. In short. it is persuasive in nature. yet it is not necessary in the exercise of that right that the demonstration should be at the work place. In fact. ‘Boycott’ and ‘picketing’ are twin weapons of the same effect to disrupt the normal functioning of the enterprise. Though the employees have got the fundamental right to demonstrate. Hunger Strike is not generally looked upon as such heinous offence as to justify dismissal from service.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. ‘watching’ and dissuading those who want to go to work during a strike. the meaning of the word ‘picketing’ is .operation and so. banners and placards for the purpose of excluding others from the 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. 3. . ‘Picketing’ on to other hand connotes necessary and adequate measures to disallow co-operation by others for the normal function and flow of business.

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. usually the managerial or supervisory staff of an establishment. or even residence or forcible occupation.5. The blockade may be complete r partial and is invariably accompanied by wrongful restraint. . 6. Gherao ‘Gherao’ is a physical blockade of a target. The target may be a place or a person or persons. 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. either by encirclement intended to block the egress and ingress from and to a particular office. criminal trespass. and / or wrongful confinement. and occasionally accompanied by assault. mischief to person and property. unlawful assembly and various other criminal offences.

by agreement. are resolved amicably. 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. Conciliation & Mediation: Through conciliation and mediation a third party provides assistance with a view to help the parties to reach an agreement. rather than by coercion. However. many a time negotiations fail.PROCEDURE FOR SETTLING INDUSTRIAL DISPUTES Collective Bargaining: Collective Bargaining is a technique by which dispute as to conditions of employment. although reluctantly. 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. Negotiation: Negotiation is one of the principal means of settling labour disputes. Sometimes he submits his own proposals for settlement of their disputes. The conciliator brings the rival parties together discuss with them their differences and assist them in finding out solution to their problems. On the other hand in case of voluntary . Mediator on the other hand is more actively involved while assisting the parties to find an amicable settlement. between labour and management. The dispute is settled peacefully and voluntarily.

both rights and interest disputes. 7 . The Industrial Dispute a provides for a three tier system of adjudication viz. .e. The jurisdiction of the Industrial Tribunal is wider that the labour courts. 7A and under section 7B respectively. Labour Courts . The industrial tribunal are empowered to adjudicate on matters specified in both the Second and Third schedule i. no settlement is arrived at between employer and the workman. Adjudication: If despite efforts of the conciliation officer . Industrial Tribunals and National Tribunals under section. the dispute can be referred for arbitration only if the parties agree to the same.arbitration.