Industrial Relations

• Session 14 – Recap
– Some of the assumptions and their deviations (asymmetry of power,
labour not a commodity)

– Dunlop’s systems perspectives and its contemporary form

– Some discussions on the perspectives of commitment

– Unitary  unnecessary, pluralist conflict manageable, radical 

conflict is inevitable and trusteeship  just wages and profits and
excess to be used for betterment of community

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 IR as a field draws from

Sociology
Political
Economics
Science

Industrial
Law Psychology
Relations

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 Industrial Relations

• Session 15 – Objectives
– Some other competing and contemporary frameworks in IR

– Specifically understand the 3 logics of action in relation to the

development of labour/workers in India

– The basis for the legal framework in India

– Understand the scope of the labour legislations

– The Wage Code – Gist

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 Strategic choice framework – Kochan Katz

• Amalgam of traditional framework with that of strategy, structure and decision

making

Decision making Employers’ focus Trade unions’ Governments

level focus focus
Long term Business, Political Macroeconomic
strategy and investment and HR representation, policies, social
policy making strategies union organizing policies
(Macro)
Collective Negotiation Collective Labour laws and
bargaining & strategies bargaining administration
personnel policy strategies
(Meso)
Individual Supervision, job Work organization, Workers’ rights
relationships design, and work job design
(Micro) organization

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 3 Logics of Action

• Logic of Industrial Peace

– Reduction of tension/conflict
– Peaceful environment being the premise for economic development
– India followed the logic of industrial peace post independence
• Logic of employment-income protection
– Employer wants to maximize profit and labour would like to limit the action such that it does
not adversely impact their earning potential
– Specifically committed workers and hence look towards the state and employer for provision
of essentials
• Logic of Competition
– Unbridled discretion by employers in allocation of resources and directing labour
– Enterprise efficiency promoted
– Hallmark if Indian IR post liberalization

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 Changing dynamics of industrial relations in India

Preliberalization Post liberalization

Consumer

People People
Produc Produc
t t,cost,
quality

Structure Technology Structure Technology

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 Legal framework in India

Preamble

Can the
Part 1 constitution or any
part be
Part 2 amended/changed
modified?
Constitution
Part 3
of India

Part 4…..

Part 22

Schedules

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 Legal framework in India

Preamble

Part 1

Part 2

Constitution
Part 3
of India

Part 4….. Directive

Principles of State
Part 22 Policy -

Schedules

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 Directive Principles of State Policy

• Not enforceable by any court but the principles are fundamental for the
governance of the country  State shall apply these principles in making
laws

• Social order for the welfare of the people  minimize inequalities of

income, status, facilities and opportunities

• Proper livelihood, just and humane conditions of work, living wage for
workers, participation of workers in management, protection of
environment, monuments etc.

• Majority of the legislations can be traced to the directive principles in

someway

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 The governance framework (LEJ)

Legislature

Executive Judiciary

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 Legal framework in India

Preamble

Part 1

Part 2

Constitution Fundamental
Part 3 Rights -
of India

Part 4…..

Part 22

Schedules

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 Fundamental Rights

• SC can intervene
and issue Habeus
Article orders/writs (Suo
Motu) (Whole of
Corpus
India)
32 • Individuals can
directly approach
Certiorari Mandamus

Writs
• HC can intervene
and issue
Article orders/writs
(respective
states/jurisdiction)
226 • Individuals can
directly approach
Quo
Warranto
Prohibition

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 Legal framework – Indian constitution – Article 19

• Does the individual have the right to associate/form/be part

of trade unions
– 19 (c) specifically guarantees the right of association
– Right to belong to a union (voluntary)
– The law however is silent on trade union registration as well as
recognition
– India has not ratified the convention 87 of ILO

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