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SUBMISSION-1 (Semester – 1) NAME – Hemangi Indravadanbhai Rathod

REGISTRATION NUMBER – 202200513 PGDP &HRM 2022 SYMBIOSIS CENTRE
FOR DISTANCE LEARNING (SCDL) Laws Related to Industrial Relations
Question No. 1 Explain the trade union movement in India. Ans- The Trade
Unions Act, 1926 (Erstwhile Indian Trade Unions Act) defines the term ‘Trade
Union’ as any combination, whether temporary or permanent, formed
primarily for the purpose of regulating the relations between workmen and
employers or between workmen and workmen or between employers and
employers, or for imposing restrictive conditions on the conduct of any trade
or business, and includes any federation of two or more trade unions.

In traditional sense trade unions are continuous association of wage-earners

for the purpose of maintaining of improving the conditions of their working
lives Trade unions form a crucial component of the modern industrial system
of a country, operating under respective constitutional mechanisms,
adhering to the globally accepted principles laid down by organisations such
as ILO.

Importance of Trade Union There have been instances of protest and

dissatisfaction among several trade unions regarding changes in Labour laws
and policies introduced by the government in recent years. Further, different
unions have called for Bandh(Blockade) at different points of time, featuring
in news regularly. In this perspective, studying the Trade Unions, their
historical development is necessary.

The need of Trade Unions Representation of collective stand and power of

collective bargaining have been important for the growth of a stable working
population across several economies. This has also contributed in workers
securing better wages, job security, improvement in working conditions,
more equitable sharing of the wealth created by them Continuity and support
to stated policy has lent stability to the industrial production, and for the
protection of the interest of both the workers and investors or industrialists.
Right to form a Trade Union is guaranteed as a fundamental right under
Article 19 (1) (c) of the Indian Constitution.

History of Labour Unions in India The trade unions genesis stemmed from the
necessity of the time, protecting and securing the interest, presenting the
collective demands, grievances of the industrial worker, from the second half
of the nineteenth century, with establishment of industries. Poor working
conditions, undue long working hours were the concerns for the workers.

Although the Unions formed in the second half of the 19th century, they  had
limitations in effectively functioning as trade unions, they nevertheless were
effective social unions, presenting the demands collectively, with an
orientation to reform the ills. Development of such trade unions was closely
in sync with the development of the Industry in India.

In India, the first trade union came up in Bombay, after the establishment of
textile mills in the 1850s. Trade unions came up in Calcutta in 1854, with the
establishment of Jute Mills. Sohrabji Shapuri Bengali and C.P. Mazumdar were
the leaders and early pioneers of the labour unions uprising. The first factory
Commission set up in 1879 studied the problems of industrial workers.

First trade union under the leadership of Narayan Meghji Lokhande -‘Bombay
Millhands Association’, founded in 1884,  without any  funds, office bearers.
In 1891, The Indian factory Act was passed Some other Trade unions are
Ahmedabad Weavers (1895), Jute Mills, Calcutta (1896), Bombay Mill workers
(1897) Union. Question No. 2 What are the Rights and the Liabilities of a
Registered Trade Union? Ans- Rights and Liabilities of Registered Trade
Unions: 1.

Objects on which General Funds may be spent: The general funds of a

registered trade union shall not be spent on any other objects than the
payment of salaries, allowances and expenses to the office bearers of the
trade unions; expenses for the administration of the trade union; the
presentation or defiance of any legal proceeding to which the trade union of
any member thereof is a party; the conduct of trade disputes and
compensation of members for loss arising out of trade disputes; provision of
education, social or religious benefits for members; upkeep of a periodical
published. 2.

Constitution of a Separate Fund for Political Purposes: A registered trade

union may constitute a separate fund, from contributions separately levied
for or made to that fund, from which payments may be made for the
promotion of the civic and political interests of its members, in furtherance of
any of the objects such as the payment of any expenses incurred, either
directly or indirectly; the holding of any meeting or the distribution of any
literature/documents in support of any such candidate; the registration of
electors of the selection of a candidate for any legislative body constituted
under or for any local authority; the registration of electors or the selection
of a candidate for any legislative body constituted under/or for any local
authority; holding of political meetings of any kind. 3.

Criminal Conspiracy in Trade Disputes: No office bearer or member of a

registered trade union shall be liable to punishment under sub-section (2) of
Section 120 B of the Indian Penal Code, 1860 in respect of any agreement
made between the members for the purpose of furthering any such object of
the trade union as is specified in the section, unless the agreement is an
agreement to commit an offence. 4.

Immunity from Civil Suit in Certain Cases: (i) No suit or other legal
proceeding shall be maintainable in any civil court against any registered
trade union or any office bearer or member thereof in respect of any act
done in contemplation or furtherance of a trade dispute to which a member
of the trade union is a party on the ground only that such act induces some
other person to break a contract of employment, or that is in interference
with the trade, business or employment of some other person or with the
right of some other person to dispose of his capital or of his labour as he
wills.

A registered trade union shall not be liable in any suit or other legal
proceeding in any civil court in respect of any fortuitous act done in
contemplation or furtherance of a trade dispute by an agent of the trade
union, if it is proved that such person acted without the knowledge of, or
contrary to express instructions given by the executive of the trade unions.
5.

Enforceability of Agreements: Notwithstanding anything contained in any

other law for the time being in force, an agreement between the members of
a registered trade union shall not be void or voidable merely by reason of the
fact that any to the subjects of the agreement are in restraint of the trade. 6.
Right to Inspect Books of Trade Unions: The account books of a registered
trade union and the list of members thereof shall be open to inspection by an
office bearer or member of the trade union at such times as may be provided
for in the rules of the trade union. 7.

Right of Minors to Membership of Trade Unions: Any person who has attained
the age of 18 years may be a member of a registered trade union subject to
any rules of the trade union to the contrary, and may subject as aforesaid,
enjoy all the rights of a member and execute all instruments and give all
acquaintances necessary to be executed or given under the rules. 8.

Effects of Change of Name and of Amalgamation: The change in the name of

a registered trade union shall not affect any rights or obligations of the trade
union or render defective any legal proceeding by or against the trade union.
An amalgamation of 2 or more registered trade unions shall not prejudice
any right of any of such trade unions or any right of a creditor of any of
them.

PERSONNEL ADMINISTRATION Question No. 1 What is organization diagnosis?

Ans- Organizational Diagnosis is an effective ways of looking at an
organization to determine gaps between current and desired performance
and how it can achieve its goals.

In recent years organizational diagnosis has evolved from a technique used

as part of the organizational development process to a major technique in its
own right. Effective diagnosis should be an organic process in that as you
start to look at an organization and its structures and what it does and does
not do, change starts, as change progress so does the ‘now’ performance
and as such the diagnosis process also needs to re-start.

The BIR methodology looks at taking a ‘snapshot’ in time in a way which is

quick and relatively unobtrusive. This allows decisions to me made, plans
developed and actions implemented rapidly… Then using the benchmarking
facility another snapshot of the organzation can be made and new plans
developed. A bit like the old story of “how do you eat an elephant? … one
bite at a time. Developing an organization is no different.

With each iteration of a diagnostic process so new changes are identified and
prioritized. This not only keeps the development process alive – it makes it
“the way we do business here”. Remember the basics All too often
in organizational diagnostics and development we focus on the ‘new’ and
‘interesting’ aspects of what we do.

It is however vital that we periodically bring ourselves back to the basics…

The purpose of the organization is essentially a vehicle for producing profits
for its owners. Or delivering valued services to its clients in not for profits. To
meet the goals and get the best return on investment (ROI), the owners of a
company employ managers who are responsible for setting performance
objectives and reaching then through the appropriate use of a number of
resources such as people, equipment, machinery etc.

The Diagnostic Cycle The purpose of a diagnosis is to identify problems

facing the organization and to determine their causes so that management
can plan solutions. An organizational diagnosis process is a powerful
consciousness raising activity in its own right, its main usefulness lies in the
action that it induces. The major steps of a diagnostic cycle include
Orientation Goal setting Data gathering Analysis/ Interpretation Feedback
Action Planning Implementation Monitoring/ Measure Evaluation Forms of
Diagnostic The focus of organizational diagnostics will be different in a range
of situations, for example diagnosis for development or improvement will be
different from diagnosis for remedial or problem solving, although the
methodologies may be similar.

While the diagnostic tools may well be similar, the application and outputs
can be very different. History of Organizational Development and the lead to
Organizational Diagnostics Kurt Lewin is said to have played a key role in the
early development of organization development as we understand it today.

As early as the 1940s, Lewin experimented with a change process which was
collaborative in nature and involved himself as consultant and a client
group.  The process was based on a three-step approach of planning, taking
action, and measuring results. This was the beginning of what has become
known as action research. This is a fundamental part of Organizational
development.

Later Lewin participated in the beginnings of laboratory training, or T-groups

when after his death in 1947, his associates in the field continued to develop
survey-research methods at the University of Michigan. These procedures
became important parts of OD as developments in this field continued at the
National Training Laboratories (US) and in growing numbers of universities
and private consulting firms across the world.

The failure of off-site laboratory training to live up to its early promise was
one of the important forces stimulating the development of OD. Laboratory
training is learning from a person’s “here and now” (Gestalt) experience as a
member of an ongoing training group (T Group). Such groups usually meet
without a specific agenda.

Their purpose is for the members to learn about themselves from their
spontaneous “here and now” responses to an ambiguous hypothetical
situation. Problems of leadership, structure, status, communication, and self-
serving behavior typically arise in such a group. The members have an
opportunity to learn something about themselves and to practice such skills
as listening, observing others, and functioning as effective group members.
Initially the approach was practiced in stranger groups, or groups composed
of individuals from different organizations, situations, and backgrounds.

Over time a major difficulty developed, however, in transferring knowledge

gained from these stranger labs to the actual situation back home. This
required a transfer between two different organizational cultures, the
relatively safe and protected environment of the T-group (or training group)
and the give-and-take of the organizational environment with its traditional
values.

This led the early pioneers in this type of learning to begin to apply it to
family groups, that is groups located within an organization. From this shift in
the locale of the training site and the realization that culture was an
important factor in influencing group members (along with some other
developments in the behavioral sciences) emerged the concept of
organization development. Question No.
4 What information is required for effective human resources planning? Ans-
Effective Human Resource Planning Checklist Human resource planning
needs careful attention. When it’s done well, HR planning is a valuable
process which can ensure that current employees are able to attend to
important tasks and become integrated within your company culture.
Properly managed human resource planning checklist goes beyond the now
and forecasts future labour demands within an organisation.

It’s a continuous process of systematic planning which takes place to help an

organisation achieve the best use of their workforce. At first glance, human
resource planning sounds quite simple but it’s a precise art and one which
can vary from organisation to organisation because a company’s goals and
objectives need to be taken into account and no single company’s goals are
the same.

These processes, plans and systems assist businesses to sift through the
‘maybes’ and learn to anticipate workforce variations instead of living in a
constant state of surprise, or making up the HR strategy as you go! Human
resource planning comprises of four comprehensive steps When creating a
human resources plan, these are the main considerations for any HR
professional. The 4 steps which are integral in any human resource planning
are all important but one of them is vital.

That point is forecasting demand. This means that businesses need not only
a clear picture of their company but a good understanding of several other
factors before they can put their plan into action. STEP 1: Analyse company
objectives and HR needs  Strategic aims within an organisation must be
aligned to human resources practices in order to ensure that a human
resources plan is as effective as it can possibly be.

Questions to ask include what growth or decline is expected? How might this
impact the workforce? What are predicted sales for the forthcoming year?
Goals need to be shared; CEOs should be on the same page as HR
professionals so that the focus on human resources is fully embraced by all
of the people involved in the planning. The human resources plan should
cover every part of a businesses from sales to expansion, from recruitment
to training.

An excellent way to ensure that everyone is on the same page is to

implement a strategic plan for human resources to utilise. This plan should
include factors such as upcoming retirements, staff who will be undertaking
further training which will advance their skills and any other factors which
will affect the future of your workforce.

  STEP 2: Determine recruiting strategy and evaluate current human

resources Recruitment strategy is a powerful tool when well implemented.
Consider Starbucks; this is a company which ranked at 131 on 2017’s
Fortune 500 and with projected sales of thirty-five billion by 2021. How does
a company this massive, even begin to successfully manage their human
resource plans? A vital aspect for Starbucks is their recruitment strategy
which targets potential employees who are ‘on-brand’ and who pass a
carefully structured interview process.

Starbucks also put a lot of energy into employees’ well-being and as a result,
the company have an extremely low turnover in staff. Their
somewhat unusual practices are working extraordinarily well and have been
for many years. You can begin by looking at the number of people currently
employed, taking into account their skills and potential for future
development, you should be able to determine which positions will need to
be filled in future.

Creating a profile for your ‘ideal employee’ which covers the gamut of
openings within your business will also ensure your staff turnover is lowered.
Digitising employee onboarding with onboarding software can be a powerful
way to not only cut the costs of recruitment, retention and management, but
can also help your employees to feel more empowered and engaged.

Also consider which jobs will be created or phased out, how can the new
positions best be filled? A performance evaluation strategy can help here as
you review your employees’ performances. Once your plan is in places you
can plan the best options for recruiting the best people for future gaps in the
workforce. STEP 3: Predict need This is the practice of estimation.

Looking at the potential numbers of future employees in an organisation and

ensuring that they are of the best quality. It’s not an exact art. There is some
estimation involved and because of this, it’s quite challenging. Gathering the
data needed to predict the future of your workforce is tricky in itself and
involves both statistical data and ordinary observation.

Utilise data you already have access to including predicted sales and slumps.
STEP 4: Planning training and development The previous steps will show you
where, if at all, there are gaps. Will there be skills shortages within your
workforce? Do you need to implement training for certain individuals now to
ensure that you have the right workforce in place at the right time?
Upcoming retirements for example can necessitate further training for
individuals on lower rungs.

Some changes can’t be predicted; long-term illness for example and

employees changing careers or the shifting needs of their families can all
impact your team but there’s no effective way to predict these changes. You
can however forecast some variables and these should be carried out with
care. Ensure that you keep records of the skills your workforce currently have
and update them as the staff receive further training and development.

EMPLOYEE RELATIONS Question No. 5 Discuss the evolution of Industrial

Relations. Ans- Evolution of industrial Relations in INDIA IR is dynamic in
nature. The nature of IR can be seen as an outcome of complex set of
transactions among the major players such as the employers, the
employees, the trade union, and the state in a given socio-economic context.
In a sense, change in the nature of IR has become sine quo non with change
in the socio-economic context of a country.

Keeping this fact in view, IR in India is presented under the following two
sections: 1. IR during Pre- Independence 2. IR during Post-Independence 1. IR
During Pre-Independence: The structure of the colonial economy, the labour
policies of colonial government, the ideological composition of the political
leadership, the dynamics of political struggle for independence, all these
shaped the colonial model of industrial relations in pre-independent India”.

Then even union movement was an important part of the independence

movement. However, the colonial dynamics of the union movement along
with the aggressiveness of alien capital, the ambivalence of the native
capital and the experience of the outside political leadership frustrated the
process of building up of industrial relations institutions.

Other factors like the ideology of Gandhian class harmony, late entry of
leftists and the bourgeois character of congress also weakened the class
approach to the Indian society and industrial conflict”. Till the Second World
War, the attitude of the colonial government toward industrial relations was a
passive regulator only Because, it could provide, that too only after due
pressure, the sum of protective and regulative legal framework for industrial
relations Trade Union Act 1926 (TL A) Trade Disputes Act 1929 (TDA).

It was the economic emergence of the Second World War that altered the
colonial government"s attitude on industrial relations. The state intervention
began in the form of introduction of several war time measures, viz. the
Defence of India Rules (Rule 81- A), National Service (Technical Personnel)
Ordinance, and the Essential Service (Maintenance) Ordinance As such in a
marked contrast to its earlier stance, the colonial government imposed
extensive and pervasive controls on industrial relations by the closing years
of its era.

Statutory regulation of industrial relations was on plank of its labour policy.

The joint consultative institutions were established primarily to arrive at
uniform and agreeable labour policy. The salient features of the colonial
model of IR can be summarized as close association between political and
trade union movement, dominance of „outsiders" in the union movement,
state intervention and federal and tripartite consultations.

The eve of Independence witnessed several instances that served as

threshold plank for IR during post-Independence era. The prominent
instances to mention are passing of Indian Trade Unions (Amendment) Act,
1947, Industrial Employment (Standing Orders) Act 1946, Bombay Industrial
Relations Act, 1946, and Industrial Disputes Act, 1947 and split in AITUC and
formation of INTUC. 2.

IR During Post-Independence: Though Independent India got an opportunity

to restructure the industrial relations system the colonial model of IR
remained in practice for sometimes due to various reasons like the social,
political and economic implications of partition, social tension, continuing
industrial unrest, communist insurgency, conflict, and competition in the
trade union movement.

In the process of consultation and confrontation, gradually the structure of

the industrial relations system (IRS) evolved. State intervention in the IRS
was a part of the interventionist approach to the management of industrial
economy. Several considerations like unequal distribution of power in the
labour market, neutrality of the state, incompatibility of free collective
bargaining institution with economic planning etc. provided moral
justification for retaining state intervention in the IRS.
State intervention in the IRS is logical also when the state holds large stakes
in the industrial sector of the economy. However state intervention does not
mean suppression of trade unions and collective bargaining institution. In
fact, state intervention and collective bargaining were considered as
complementary to each other.

Gradually, various tripartite and bipartite institutions were introduced to

supplement the state intervention in the IRS. The tripartite process was
considered as an important instrument of involving participation of pressure
groups in the state managed system. Non formal ways were evolved to do
what the formal system did not legislate, for one reason or other.

The political and economic forces in the mid-1960s aggravated industrial

conflict and rendered non-formal system ineffective. In the process of
reviewing the system, National Commission on Labour (NCL) was appointed
in 1966. Now the focus of restructuring shifted from political to intellectual.
However, yet another opportunity was lost when there was an impasse on
the NCL recommendations in 1972.

The Janta Government in 1978 made, of course, a half-hearted attempt to

reform industrial relations. Unfortunately, the attempt met with strong
opposition from all unions. The BMS, for example, termed it as “a piece of
anti-labour, authoritarian and dangerous legislation””. Several committees
were appointed to suggest measures for reforming die IRS. In the process,
tripartism was revived in 1980s.

Government passed the Trade unions and the Industrial Disputes

(Amendment) Bill, 1988. But, it also proved yet another legislative disaster.
The bill was severely criticised by the left parties. It was even viewed by
some as a deliberate attempt to destroy “autonomous; organised or militant
trade union movement”.

APPROACHES TO INDUSTRIAL RELATIONS The terms "industrial relations" is

used to denote a specialist area of organizational management and study
which is concerned with a particular set of phenomena associated with
regulating the human activity of employment. It is, however, difficult to
define the boundaries of this set of phenomena-and, therefore, the term
itself-in a precise and universally accepted way.
Any more specific definition must, of necessity, assume and emphasise a
particular view of the nature and purpose of industrial relations.
Consequently, there are as many definitions as there are writers on industrial
relations. For example, the two most frequently used terms of industrial
Climate for Industrial Relations, and 'employee relations' are, in most
practical senses, interchangeable; yet they have very different connotations.

The former, more traditional, term reflects the original historical base of
unionized manual workers within the manufacturing sector of the economy
whilst the latter has come into greater use with the development of less
unionised white collar employment and the service and commercial sectors
of the economy. (The term 'industrial relations' is used because it is the more
commonly known and used term').

The terms may be used in a very restrictive sense to include only the formal
collective relationship between management and employees (through the
medium of trade unions) or in an all-inclusive sense to encompass all
relationships associated with employment (those between individuals at the
informal level as well as those of a formal collective or organisational
nature).

However, it is doubtful whether the two approaches can, or should, be

separated so easily-informal, interpersonal or group relationships are
influenced by the formal collective relationships which exist within the
industrial relations system, and it may be argued that the formal collective
relationships are themselves, in part, determined by the nature of individual
relationship.

Clearly, the borderline between formal and informal or individual and

collective relationships within organisations cannot provide a natural
boundary for the subject matter of industrial relations.

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