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Anatomy OF Industrial Conflict
Anatomy OF Industrial Conflict
OF
INDUSTRIAL CONFLICT
Contd.
1.
Contd.
2.
3.
4.
Interpretation of disputes by
courts
Some of the principles for judging the nature
of a dispute evolved by the courts are as
follows.
1.
The dispute must affect a large group of
workmen who have a community of
interest and the rights of these workmen
must be affected as a class. In other
words, a considerable section of
employees should necessarily make
common cause within the general lot.
Contd.
2.
3.
Contd.
4.
Contd.
5.
Contd.
By incorporating Section 2A in the Industrial
Disputes Act, 1947, a right has been given
to the individual workman himself to raise
an industrial dispute with regard to
termination, discharge, dismissal, or
retrenchment of his service, even though no
other workman or any trade union of
workmen raises it or is a party to the
dispute.
Contd.
Patterson observes: "Industrial strikes/disputes
constitute militant and organized protests against
existing industrial conditions. They are symptoms of
a discorded system.
The industrial unrest, thus, takes an organized form
when the work people make common cause of their
grievances against employers by way of strikes,
demonstrations, picketing, morchas, gate meetings,
gheraos, etc.
Classification of Industrial
Disputes
a)
b)
Contd.
In addition, in various countries, special provisions
apply to two other types of disputes relating to
organisational rights, namely:
c)
those arising from acts of interference with the
exercise of the right to organise, or acts
commonly known as unfair labour practices,' and
d)
Details of Classification
a)
Contd.
Contd.
b)
Contd.
Contd.
In some countries, grievances arise
especially over the interpretation and
application of collective agreements. The
grievance disputes are, therefore, also
called interpretation disputes.
Such grievances, if not dealt with in
accordance with a procedure that is
respected by the parties, often result in
embitterment of the working relationship
and a climate of industrial strife.
Contd.
There is a definite standard for setting
a grievance dispute - the relevant
provision of the collective agreement,
employment contract, works rules or
law, or custom or usage.
In many countries, Labour Courts or
Tribunals adjudicate over grievance
disputes. In other words, government
encourages voluntary arbitration for
their settlement.
Contd.
c)
Contd.
Contd.
These unfair labour practices are also
known in various countries as trade union
victimisation. In many countries, a special
procedure exists under the law for the
prevention of such practices. Such a
procedure
obviates
or
precludes
conciliation.
In the absence of such procedure, disputes
are settled according to the normal
procedure laid down under the Disputes Act.
Contd.
d)
Contd.
Contd.
Various impacts
1.
Contd.
2.
Contd.
3.
Contd.
4.
Contd.