Industrial Relations in Emerging Scenario

Industrial Relations
In The Emerging
Scenario.
Dr. D.P. Sahoo

Industrial Relations In the
12/07/2021 Emerging Scenario 1
The Presentation Design
- Concept of IR
- The emerging Scenario
- T U Roles- Lets have a debate
- Expected Roles in the emerging scenario.
- Role of Government
- What is an Industrial Dispute

- Roles of TU in an Industrial Disputes
- Dispute Handling / Settling Machineries.
- Roles of the Courts
- Disciplinary Procedures and Steps

IR- THE CONCEPT
EMPLOYMENT
Management Trade Unions
RELATIONSHIP
Industrial Environment
Government
The Actors Of IR

Is IR-A Process ?
Process by which people and

their organization interact at the
place of work to establish the
terms and conditions of
employment

Role of Government
Government legislation protects workers

against :
- Employment discrimination.
-Employee rights and other issues and the legal
environment of work.
-Labor relations and collective bargaining are
closely governed by law.
- Settling all Industrial Disputes.

Objectives of Industrial relations
• Congenial labor management relations
• Regulate the production by minimizing industrial conflict
thereby contributing to economic progress
• Avoiding industrial conflicts
• To boost the discipline and morale of workers
• Workers to have a say in decision making
• Encourage and develop trade union

The Emerging Scenario
What For An Individual Develops A Relationship
With The Management?
- Individual Time Structuring.

- Material Time structuring
- Social Time structuring

Lets Play the Union-Management Game
Three Groups
-The Management Group
-The Union Group
- The Government
Issue:
-To a very progressive and good management the union is demanding a pay hike of 30%.
-The management all through been very considerate and had been taking car e of their
Workers .
- The Management examined the demands and came to the conclusion that they can’t
consider to give a wage hike of 30%. However 10 t o 15% is possible provided the union
assures an least 10% increase in production though improving individual productivity.

SUCCESS OF IR
a) Top Management support
b) Sound Personnel policies
c) Adequate practice should be developed
by professionals
d) Detailed supervisory training
e) Follow up results

Trade Union
• Trade Union means a combination formed
for the purpose of regulating the relations
not only between workmen and employers
but also between workmen and workmen
or between employers and employers
- Trade Union Act 1926

Some Trade Unions
All-India Trade Union Congress (AITUC)
It was established in 1920 as result of a resolution passed by the

organized workers of Bombay and the delegates which met I a
conference on 31st October, 1920.jj
The Indian National Trade Union Congress
The INTUC came into existence on 4th May, 1948, as a result of the
resolution passed on 17th November 1947, by the Central Board of the
Hindustan Mazdoor Sevak Sangh, which was a labour leader on the
Gandhian Philosophy of Sarvodaya
United Trade Union Congress (UTUC)
Some trade union leaders of the socialist bent met together

December 1948 to form a new central organization of
labour, called Hind Mazdoor Sabha
Some Trade Unions
Bhartiya Mazdoor Sangh (BMS)
This union has been the outcome of decision taken by the Jana
Sangh in its Convention at Bhopal on 23rd July, 1954.
National Front of Indian Trade Unions (NFITU)
This union was founded in 1967, with the claim that “this trade union
of India is not controlled by any of the political party, employers or
government.”
Centre of Indian Trade Union (CITU)
This union was formed in 1970 when as a result of the rift in the
AITUC, some members of the Communist party .

Can The Unions & Management Play Road Blocks For Each Other ?

What Is An
Industrial Dispute ?

Dispute Settling Machineries
1. Conciliation officer
2. Arbitration & Adjudication
3. Constitutional Provisions.

Collective Bargaining
Collective Bargaining
• “Collective Bargaining is a process in which the representatives of a
labour organization & the representatives of business organization
meet and attempt to negotiate a contract or agreement, which
specifies the nature of employee-employer union relationship”.
• Process involving discussions and negotiations
• ‘collective’ – group
• 'bargaining' – proposals and counter proposals
• to reconcile their conflicting interests
• is a flexible approach

Levels At Which Collective Bargaining Is
Undertaken
Enterprise or
Plant Level
Industry Cum Region Wise

Agreement
Sectoral Collective Bargaining At National

Level
1. National Level Agreement
• Bargaining between one or more
employers/companies/corporations or one or more
employers association on one side and one or
more unions established at national
,industry,nation,region or plant level on the other.
• E.g. Indian Banks Association : negotiate long

term settlement with bank employees
2. Industry cum –region wide Agreements
• Bargaining between one or more
employers/companies/corporations or one or more
employers association on one side and one or
more unions established at industry,region or plant
level on the other.
• 3. Firm/plant level agreement

• With unions established at plant,locality level
Legal Framework of Collective
Bargaining
• Freedom of Association: Article 19(c)
• 1. Determination of Collective
Bargaining Agent
i. Secret Ballot
ii. Check off system
iii. Membership verification
Agreements Settlements &
Awards
• Agreement : Collective agreement is binding on
workers who have signed and not on other unions
• Settlement : written agreement between employer

and workers arrived during Conciliation proceeding is
applicable to all the present and future workers.
• Award : when Agreement and settlement fail.

Award(final determination of industrial dispute ) given
by Arbitration and adjudication-binding on parties
Settlements
• Bipartite agreements which are totally voluntary
for the purpose of implementation
• Tripartite settlements negotiated and settled
primarily by the parties but registered before a
conciliator
• Consent awards-when the parties have a dispute
pending before a tribunal, but yet negotiate a
contract, which is recorded by the tribunal, the
contracts so negotiated acquire legal status
Collective Bargaining Agreement
• Written document regarding working
conditions and terms of employment
• Legally, a CBA binds only the parties to it.
• In India, there are three types of

agreements, namely
– voluntary agreements,
– settlements, and
– Consent awards.
• Procedural ( interpretation and
implementation of agreements
&resolving conflicts) agreements or
substantive (substance of
agreement) agreements
Contents of Collective Bargaining
Agreement
• The date of commencement of the
agreement
• Its duration
• A definition of terms
• The procedure for settling disputes
regarding interpretation, as well as other
disputes.
• The consequences in the event of
breaches of the agreement
• As regards wages, exactly how

conversion of employees' wages
Industrial to the
Relations In the
new scales is to be effected.
Collective bargaining in the
changing scenario
• Excessive dependent on compulsory
adjudication for settlement of industrial
dispute
• Reduction in the area of Collective
Bargaining
• Weak trade union movement

Disciplinary Procedure

MISCONDUCT
• IMPROPER OR BAD CONDUCT
• MISBEHAVIOUR
• MISDEMEANOR
• DELINQUENCY
• WRONG DOING
• TRANSGRESSION
• ADULTERY
• TO MANAGE BADLY
PROCESSES OF
DOMESTIC ENQUIRY
• FIRST INFORMATION ABOUT THE ACT OF MISCONDUCT
• SHOW CAUSE NOTICE / CHARGESHEET
• EXPLANATION OF WORKMAN
• EXPLANATION SATISFACTORY – MATTER CLOSED
• EXPLANATION NOT SATISFACTORY – DOMESTIC ENQUIRY
• APPOINTMENT OF ENQUIRY OFFICER
• RECORDING OF ENQUIRY PROCEEDINGS

... PROCESSES OF DOMESTIC ENQUIRY
• REPORT / FINDINGS OF ENQUIRY OFFICER
• RECEIPT OF ENQUIRY REPORT BY THE COMPETENT AUTHORITY
• SUPPLYING COPY OF ENQUIRY REPORT TO DELINQUENT FOR

HIS COMMENTS ON IT
• EVALUATION AND APPLICATION OF MIND ON THE ENQUIRY

REPORT AND ON COMMENTS OF THE DELINQUENT IF ANY BY
THE COMPETENT AUTHORITY
• SHOW CAUSE NOTICE TO WORKMAN ABOUT PROPOSED

PUNISHMENT
• PUNISHMENT

WHAT IS A CHARGESHEET
• A MEMO OF ACCUSATIONS
• VIOLATION OF SERVICE CONDITIONS / RULES / REGULATIONS

ETC. BY THE EMPLOYEE

WHY ISSUE A CHARGESHEET
• NO ACTION CAN BE TAKEN AGAINST ANY WORKMAN FOR AN ACT

OF MISCONDUCT UNLESS HE HAS BEEN ISSUED A CHARGESHEET
• TO AFFORD A FAIR AND PROPER OPPORTUNITY TO THE

DELINQUENT AS PER PRINCIPLES OF NATURAL JUSTICE TO PUT
FORWARD HIS DEFENCE AGAINST THE CHARGES LEVELLED
AGAINST HIM

ESSENTIALS OF A VALID
CHARGESHEET
• SPECIFIC
• ACCURATE
• DETAILED
• CLEAR
• UNAMBIGUOUS
...

. . . ESSENTIALS OF A VALID CHARGESHEET
• CONTAIN ALL DETAILS
• REFER STANDING ORDERS CAREFULLY
• MENTION DATE, TIME , PLACE OF INCIDENT
• USE WORD ‘ABOUT’ WHEN TIME OF INCIDENT IS TO BE MENTIONED
• USE WORD ‘HABITUAL’ IF SO
• MENTION CORRECT DISOBEDIENCE / VIOLATION
• MENTION DOCUMENTS YOU WANT TO RELY UPON

...

. . . ESSENTIALS OF A VALID CHARGESHEET
• USE WORD ‘ ILLEGAL’ IF SO
• USE SAME WORDS OF ABUSE / THREAT ETC.
• MENTION CORRECT CLAUSE OF MISCONDUCT FROM STANDING

ORDERS / SERVICE RULES
• DO NOT MENTION ABOUT PROPOSED PUNISHMENT

AUTHORITY COMPETENT TO
ISSUE CHARGESHEET
• A PERSON WHO IS COMPETENT TO APPOINT AND DISMISS

EMPLOYEES
• A PERSON DULY AUTHORISED AND DELEGATED WITH THIS

AUTHORITY

EXPLANATION BY EMPLOYEE
• IMPORTANT BUT NOT ESSENTIAL
• IT IS A RIGHT OF EMPLOYEE
• EXPLANATION NOT MANDATORY BRFORE INITIATING DOMESTIC

ENQUIRY
• EMPLOYEE MAY –
– ACCEPT THE CHARGES
– PLEAD GUILTY
– PLEAD MERCY
– REFUTE CHARGES
– PLEAD GUILTY BUT EXPLAIN CIRCUMSTANCES
– ASK MORE TIME TO SUBMIT EXPLANATION
– NOT SUBMIT EXPLANATION ...

. . . EXPLANATION BY EMPLOYEE
• WITHIN STIPULATED TIME
• AS PER STANDING ORDERS / SERVICE CONDITIONS
• WITHIN REASONABLE TIME
• EXTRA TIME REQUEST SHOULD BE GRANTED TO AVOID CHARGE

OF DENIAL OF OPPORTUNITY

SUSPENSION
• IT IS A TEMPORARY DEPRIVATION OF ONE’S NORMAL POSITION,
PRIVILEGES, FACILITIES, FUNCTIONS ETC. PENDING ENQUIRY
• IT IS TO AVOID ANY TAPMERING / DAMAGE BY EMPLOYEE
• IT IS TO AVOID CONTINUANCE OF INDISCIPLINE
• IT IS RESORTED TO WHEN EMPLOYEE’S CONTINUANCE WILL BE

PREJUDICIAL TO THE INTEREST OF THE ORGANISATION
• IT IS NOT REDUCTION IN RANK
• IT IS PROSPECTIVE, NOT RETROSPECTIVE
• IT SHOULD NOT BE FOR INDEFINITE PERIOD

SUSPENSION / SUBSISTANCE
ALLOWANCE
• AS PER STANDING ORDERS / SERVICE CONDITIONS / TERMS OF EMPLOYMENT
• 50% UPTO 90 DAYS, 75% AFTER 90 DAYS IF DELAY NOT ATTRIBUTABLE TO

EMPLOYEE (Sec. 10-A of I.E.(S.O.)Act,1946
• MISCONDUCT PROVED, EMPLOYEE DISMISSED – NO WAGES FOR SUSPENSION

PERIOD
• EMPLOYEE REINSTATED – ENTITLED FOR WAGES
• NO WAGES IF EMPLOYEE ABSENT DUE TO DETENTION
• ENTITLED TO WAGES IF SUSPENDED
...

. . . SUSPENSION / SUBSISTANCE ALLOWANCE
• SUSPENSION ALLOWANCE INCLUDES ALL ALLOWANCES
• DOMESTIC ENQUIRY WITHOUT PAYMENT OF SUBSISTANCE

ALLOWANCE WILL BE VITIATED
• STARVING EMPLOYEE CAN NOT DEFEND HIMSELF
• SUSPENSION NOT A PUNISHMENT
• PAYMENT OF SUBSISTANCE ALLOWANCE SUBJECT TO NOT

TAKING EMPLOYMENT BY EMPLOYEE

APPOINTMENT OF ENQUIRY
OFFICER
• E.O. IS A DELEGATE OF DISCIPLINARY AUTHORITY
• E.O. CAN BE APPOINTED BY THE COMPETENT AUTHORITY
• OFFICER OF ESTABLISHMENT CAN BE E.O.
• E.O. SHOULD BE PERSON OF OPEN MIND AND NOT BIASED

AGAINST THE DELINQUENT
• E.O. SHOULD BE AN OFFICER OF REASONABLY HIGHER STATUS

COMMANDING RESPECT AMONG EMPLOYEES
...

. . . APPOINTMENT OF ENQUIRY OFFICER
• AN ADVOCATE AS E.O. IS CONSIDERED TO BE AN IDEPENDENT,

IMPARTIAL, UNBIASED AND RESPONSIBLE PERSON
• NO MAN SHOULD BE A JUDGE OF HIS OWN CAUSE (NEMO

DEBET ESSE JUDEX IN PROPRIA CAUSA)
• JUSTICE SHOULD NOT ONLY BE DONE BUT MANIFESTLY AND

UNDOUBTEDLY SHOULD SEEM TO HAVE BEEN DONE
• A PERSON WHO HAS PERSONAL KNOWLEDGE OF THE INCIDENT

SHOULD NOT BE AN E.O.
• A PARTNER IN A SMALL ESTABLISHMENT CAN BE AN E.O.

INVITING COMMENTS
• A COPY OF THE ENQUIRY REPORT / FINDINGS PREPARED AND
SENT BY THE ENQUIRY OFFICER WILL BE PROVIDED TO THE
DELINQUENT FOR HIS COMMENTS ON IT, IF ANY, TO BE SENT BY
HIM WITHIN A STIPULATED TIME PERIOD.
• IN CASE THE DELINQUENT GIVES SOME EXTENUATING REASONS

AND POINTS OUT FLAWS IN THE FINDINGS OF THE ENQUIRY
REPORT OF THE ENQUIRY OFFICER, THE DISCIPLINARY
AUTHORITY WILL WEIGH THE ENQUIRY REPORT IN LIGHT OF
SUCH COMMENTS OF DELINQUENT AND TAKE HIS ACTION.
• IF THE DELINQUENT DOES NOT SUBMIT ANY COMMENTS, THE

DISCIPLINARY AUTHORITY WILL TAKE FURTHER ACTION IN THE
MATTER ON THE BASIS OF FINDINGS OF THE ENQUIRY OFFICER.
...
. . . INVITING COMMENTS
• NON SUPPLY OF COPY OF ENQUIRY REPORT TO DELINQUENT IS

VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AS WELL AS
PROVISIONS OF ARTICLES 14 AND 21 OF CONSTITUTION

PUNISHMENT
• IN CASE THE DELINQUENT IS ABSOLVED OF THE CHARGES BEING
NOT PROVED IN THE ENQUIRY OR PARTIALLY PROVED, OR WHEN
COMMENTS OF DELINQUENT ARE ACCEPTED BY DISCIPLINARY
AUTHORITY, HE WILL NOT BE INFLICTED ANY PUNISHMENT OR
WILL BE INFLICTED PUNISHMENT IN PROPORTION TO THE
PARTIAL GUILT PROVED, AS THE CASE MAY BE.
• IN CASE THE CHARGES ARE PROVED AGAINST THE DELINQUENT

OR THE COMMENTS OF DELINQUENT ARE NOT ACCEPTED BY THE
DISCIPLINARY AUTHORITY, APPROPRIATE DISCIPLINARY ACTION
AS PER STANDING ORDERS / SERVICE CONDITIONS ETC. WILL BE
INFLICTED ON THE DELINQUENT.

SECTION 11-A OF I.D. ACT, 1947 AND
POWERS OF LABOUR COURTS / TRIBUNALS
• WHEN A DOMESTIC ENQUIRY IS CONDUCTED FAIRLY,

PROPERLY AND AS PER PRINCIPLES OF NATURAL JUSTICE,
NORMALLY LABOUR COURTS / TRIBUNALS DO NOT
INTERFERE WITH THE PUNISHMENT AWARDED BY THE
MANAGEMENT
• LABOUR COURT / TRIBUNAL IS ENPOWERED WITH POWER
TO RE-APPRAISE THE EVIDENCE IN DOMESTIC ENQUIRY AND
SATISFY ITSELF WHETHER THE SAID EVIDENCE RELIED
UPON BY THE MANAGEMENT ESTABLISHED THE
MISCONDUCT ALLEGED AGAINST THE CONCERNED
EMPLOYEE
THANK YOU !


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Industrial Relations

Dr. D.P. Sahoo

- What is an Industrial Dispute

- Disciplinary Procedures and Steps

Industrial Relations In the

Industrial Relations In the

Process by which people and

Industrial Relations In the

Government legislation protects workers

Industrial Relations In the

Industrial Relations In the

- Individual Time Structuring.

Industrial Relations In the

Industrial Relations In the

Industrial Relations In the

- Trade Union Act 1926

Industrial Relations In the

It was established in 1920 as result of a resolution passed by the

The Indian National Trade Union Congress

United Trade Union Congress (UTUC)

Some trade union leaders of the socialist bent met together

National Front of Indian Trade Unions (NFITU)

Centre of Indian Trade Union (CITU)

Industrial Relations In the

Industrial Relations In the

Industrial Relations In the

Industrial Relations In the

• Process involving discussions and negotiations

• 'bargaining' – proposals and counter proposals

• to reconcile their conflicting interests

Industrial Relations In the

Industry Cum Region Wise

Sectoral Collective Bargaining At National

• E.g. Indian Banks Association : negotiate long

• 3. Firm/plant level agreement

• Settlement : written agreement between employer

• Award : when Agreement and settlement fail.

• Legally, a CBA binds only the parties to it.

• In India, there are three types of

• As regards wages, exactly how

Industrial Relations In the

Industrial Relations In the

• SHOW CAUSE NOTICE / CHARGESHEET

• EXPLANATION SATISFACTORY – MATTER CLOSED

• EXPLANATION NOT SATISFACTORY – DOMESTIC ENQUIRY

• APPOINTMENT OF ENQUIRY OFFICER

• RECORDING OF ENQUIRY PROCEEDINGS

Industrial Relations In the

• REPORT / FINDINGS OF ENQUIRY OFFICER

• RECEIPT OF ENQUIRY REPORT BY THE COMPETENT AUTHORITY

• SUPPLYING COPY OF ENQUIRY REPORT TO DELINQUENT FOR

• EVALUATION AND APPLICATION OF MIND ON THE ENQUIRY

• SHOW CAUSE NOTICE TO WORKMAN ABOUT PROPOSED

Industrial Relations In the

• VIOLATION OF SERVICE CONDITIONS / RULES / REGULATIONS

Industrial Relations In the

• NO ACTION CAN BE TAKEN AGAINST ANY WORKMAN FOR AN ACT

• TO AFFORD A FAIR AND PROPER OPPORTUNITY TO THE

Industrial Relations In the

Industrial Relations In the

• CONTAIN ALL DETAILS

• REFER STANDING ORDERS CAREFULLY

• MENTION DATE, TIME , PLACE OF INCIDENT