Refer Books, Elaborate The Points

INDUSTRIAL DISPUTE
The human resources are governed by human mind. Human mind is a store house of good, bad
and evil thoughts. Industry is a place where lost of human mind are working. They think in different
ways. Any clash in interests leads to dispute. In common meaning dispute means difference or
disagreement over some issues between the parties. If the disagreement in an industry it is termed
as industrial dispute (ID).

DEFINITION OF ID

Industrial dispute (ID) is any dispute or difference between employers and employers or between
employers and workman or between workman and workman which is connected with the
employment or non-employment or the terms of employment and condition of employment of
any person .

NATURE OF ID

 The dispute must affect the interest of a Large number of workman .

 The dispute must be taken by the Industry union.
 The grievance must turn an individual complaint to a general complaint .
 There must be some nexus between the union and the dispute.

FORMS/TYPES OF ID:- ID can be in the following forms:-

I. STRIKE :- Non-acceptance of employees demand leads to stop the work means strike. The
unions support it when all hopes of the workers are shattered out there is no way left out
but the strike. Strike can be for a definite period or for an in-definite period. Strike can be:-
A) Economic Strike:-This strike undertaken by the members of the union to fulfil the
financial benefits of the workers. Financial benefit may be rise in wages , bonus, health
services, education services, living condition, working condition etc.
B) Stay away Strike:- In this strike workers stay away from from the work place and organise
demonstrations, rallies etc.
C) Stay-in or sit-down Strike:- In this strike workers come to the work place and stay in the
work place but they don’t work.
D) Tools-down or pen-down Strike:- It this type of strike the workers lay down their tools in
case of factory workers and in case of office workers lay down their pen.
E) Token or protest Strike:- It is of short duration in nature and provides signal for the
danger ahead. In this strike the workers do not work for an hour or a day.
F) Lightening or wildcat strike:- In this strike the workers goes for strike without any prior
notice or with a short notice.
 G) Go Slow Strike:- Here the employees do not stop the work but do not work
enthusiastically .It is an organized way of protest in order to go slow which resulted in
less output .
H) Hunger Strike:- This type of strike is resorted to either by the leaders of the union or by
some workers all at a time or in small batches for a limited period or up to the settlement
of disputes.
I) General Strike:- When all the employees irrespective of regions , unions and position are
involved in strike is known as general strike
J) Sympathetic Strike:- When the strike is undertaken by the members off one union and
other union as a token of sympathy support that striking union.

II. GHERAO:- It is a common means of protest. It can be done at any time by any group when
they are dissatisfied. The workers surround the head or executive with a human chain
preferably in his office and do not allow him to leave the place and sometimes become
violent .
III. LOCK-OUT:- It is undertaken by the employers in order to resume work on the terms and
conditions of the employer. By lock out the employer avoid the militant activities of the
union. Lockout considers to be the trial of strength between the employer and employees.
IV. PICKETING :- When the employees draw the attention of common public regarding the
dispute known as picketing. In picketing the leaders of the employee group do not allow the
employees to report to work.
V. BOYCOTT:-When the workers disrupting the normal functioning of the organization. The
striking workers appeal to other workers for voluntary withdrawal of co-operation with the
employees.

REASONS OF INDUSTRIAL DISPUTE

ECONOMIC REASONS:

A) Salary and wages:- Rise in prices of essential commodities has brought down the value of
money. This has resulted in lower down the salary and wages of the employees which
forces them to demand for higher salary &wages .
B) Dismissal and Retrenchment:- With the increase in unemployment situation if any
employee will be dismissed or retrenched the workers union will take up the issue and
demand for justice.
C) Bonus:- It is payable to the workers out of profit. Non-payment of adequate bonus to the
workers leads to industrial dispute. It has been made mandatory to all industrial units to
pay a bonus amount under industrial dispute act.
D) Dearness Allowance:- Increase in price level and scarcity of essential commodities leads
to bring down the standard of living. To maintain the standard of living the workers
demand more DA. Non-acceptance of the demand leads to industrial dispute .
 E) Working Condition :- It is desirable on the part of the industries to provide good and
favourable working condition pure drinking water, lighting and air facilities, sufficient
safety provision and normal and permissible working hour should be taken care by the
management. Absence of these hygienic conditions leads to industrial dispute.
F) Automation:- Adoption of new and update technology leads to modernization and
automation of the industrial. But this modernization and automation adversely impact
on the workers. Because this leads to less engagement of employees. Due to non-
engagement and retrenchment leads to industrial dispute .
G) Other Reasons :- Some other economic reasons like housing facility , Educational scope
and medical facility, Transportation etc if not adequate and proper the employees will
demand for the same. It leads to industrial dispute .

NON-ECONOMIC REASONS:-
A) Non-recognition of unions:-Failure to recognize the employee union and their
representative is one of reason of industrial dispute. Some employers do not give more
importance to the existence of unions and their representative. This leads to
resentment which cause industrial dispute in the organization .
B) Poor Leadership:- Poor leadership among the employer as well as employee leads to
discontentment among the workers .They can demand for both managerial as well as
employee Leadership to be strong enough for redressed of their grievances which leads
to industrial dispute .
C) Political Interference:- Some times political organizations do interfere in union affairs
for their political gain .They have neither knowledge about the employee grievance nor
they have any relation with the employer. In order to restrict the political interference
the employees may raise dispute in the organization.
D) Nepotism:- Some supervisors are not impartial while treating their sub-ordinates .They
seek nepotism and treat partially to some employees. This undue favouritism and
nepotism leads to discontentment resulted in industrial dispute.

PREVENTIVE MEASURES OF ID
I. Labour Welfare Officer
II. Tripartite and Bipartite Bodies
III. Standing Orders
IV. Grievance Procedure
V. Joint Consultation
VI. Collective Bargaining
VII. Strong Trade Unions
VIII. Labour Co-partnership and profit sharing
IX. Joint Consultations
SETTLEMENT OF ID
i. Investigation
ii. Mediation
iii. Conciliation
iv. Voluntary Arbitration
v. Compulsory Arbitration/Adjudication