Industrial Disputes

Disputes means a difference .Concept of Industrial Dispute Industrial disputes. . like problems of indiscipline & their effective management are one of the major issues in maintaining good industrial relations in the country. Manifestation of Industrial disputes in forms of strikes. gheraos. etc has become common in the country affecting production processes & sometimes even paralyzing the social systems. it means a controversy which is fairly definite & real substance & being connected with the employment or terms of employment or nonemployment. bandhas. lockouts.

Definition of Industrial Dispute According to Sec 2(k) of industrial Dispute Act. 1974‡ ³Industrial dispute means any dispute or difference between employers & employers or between employers & workmen or between workmen & workmen.´ . which is connected with the employment or nonemployment or the terms of employment or the conditions of labour of any person.

yet it is not necessary in the exercise of that right that the demonstration should be at the work place.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. Though the employees have got the fundamental right to demonstrate. .

In fact. . hunger strike is resorted to exert moral force and when a worker starts µhunger strike¶ or propagating indiscipline amongst the workers. Hunger Strike is not generally looked upon as such heinous offence as to justify dismissal from service.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.

the meaning of the word µpicketing¶ is . it is persuasive in nature. µBoycott¶ and µpicketing¶ are twin weapons of the same effect to disrupt the normal functioning of the enterprise. In short. . banners and placards for the purpose of excluding others from the place. Picketing µPicketing¶ is an act of posting pickets and implies patrolling with signs. µPicketing¶ on to other hand connotes necessary and adequate measures to disallow co-operation by others for the normal function and flow of business.3. µwatching¶ and dissuading those who want to go to work during a strike. µBoycott¶ is an appeal to all the voluntary withdrawal of co-operation and so.

The blockade may be complete r partial and is invariably accompanied by wrongful restraint. . usually the managerial or supervisory staff of an establishment. The target may be a place or a person or persons. criminal trespass. and / or wrongful confinement.4. unlawful assembly and various other criminal offences. or even residence or forcible occupation. Gherao µGherao¶ is a physical blockade of a target. and occasionally accompanied by assault. mischief to person and property. either by encirclement intended to block the egress and ingress from and to a particular office.

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.5. . 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.

CAUSES OF INDUSTRIAL DISPUTES  Various causes of Industrial Disputes may be grouped into 4 categories:CAUSES OF INDUSTRIAL DISPUTES ECONOMIC FACTORS MANAGEMENT PRACTICES TRADE UNION PRACTICES LEGAL & POLITICAL FACTORS WAGES INCENTIVES UNFAIR LABOUR PRACTICES INEFFECTIVE SUPERVISION UNION RIVALRY NON COOPERATIVE APPROACH MULTIIPLICITYOF LABOUT LAWS POLITICAL INTERFERENCE BENEFITS WORKING CONDITIONS VIOLATION OF ACCEPTABLE NORMS .

Economic Factors Demand for increase in wages on account of increase in all-India Consumer Price Index for Industrial Workers. Demand for certain allowances such as: Medical allowance Demand for higher bonus. Demand for higher gratuity and other retirement benefits. House rent allowance Night shift allowance .

There are many labour practices adopted by management which may lead to industrial disputes. To discharge or dismiss workmen by way of victimization. discrimination or any other subjective ground. 2. To force the workers to join a particular trade union or refraining from joining a trade union. Those are: 1. To assign a work to individual workers for which they have not been hired & trained. Interference or threat of use of coercion in exercising the rights of workers to organize trade union activities according to the legal provisions.Management Practices Unfair Labour Practices. 4. . 3.

Such a rivalry among unions leads to violence & other similar problem & the disputes become natural outcomes.There is a problem of multiplicity of trade unions in India. more than one union exists. . The result is that any settlement arrived at between management & a union is opposed by other unions irrespective of the most favorable conditions for the workers in a given situation. Non Cooperative Approach. in some cases more than four. ³what they do is right & what management does is wrong.Trade Union Practices Union Rivalry.Many trade unions & their leaders proceed on the assumption that.´ Such a tendency on the part of trade unions makes them to adopt noncooperative approach & they oppose all settlements. In many organizations .

Industrial relations departments of many organizations as well as trade unions remain busy to identify the legal lacuna to use this in their favor.Political Interference is through the politicization of trade union activities or direct interference of political parties & their workers. Political Interference. adopted in 1950 has seen many amendments but the labour laws have remained untouched.Labour Laws in any country are enacted to create better industrial relations. emergence of mushrooming growth of political parties. Constitution of India . & lack of values often put pressure on mgmt or trade unions to involve in activities which are not conductive to good industrial relations & lead to industrial disputes.Legal & Political Factors Multiplicity of Labour Laws. The inherent contradictions among these laws exist. 2nd most of the labour laws have been enacted ling back & many of them even before the independence. With the degrading of political system. In India there are 2 types of problems in this respect.existence of multiple labour laws creates more confusions. totalling 108 to regulate industrial relations. However . .1st there are many legal acts & guidelines.

Consequences of industrial disputes For Employers Decrease in output Increase in cost of production Fall in sales n fall in profits In long run loss of good will .

For Employees loss of income psychological and physical consequences of forced idleness The threat of loss of employment For the Nation an adverse effect on the national productivity. national income. cause wastage of national resources .

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