Industrial dispute

Unit - III
 Industrial disputes are manifested in
following forms:
 STRIKE
Strike means a cessation of work by a body of persons employed
in any industry acting in combination, or a concerted refusal, or a
refusal under a common understanding, of any number of persons
who are or have been so employed to continue to work or to
accept employment.
Primary strike
Secondary or sympathy strike
 LOCK-OUTS
Lockout means the closing of a place of employment, or the
suspension of work, or the refusal by an employer to continue to
employ any number of persons employed by him.

 GHERAO

 PICKETING OR BOYCOTT
 Types of ID given by ILO

Interest Dispute
Arise out of terms and conditions of employment either out of the
claims made by the employees or offer given by the employers.
An interest dispute involves settling the terms of a new collective
agreement.
Grievance or Right Dispute
A rights dispute involves the interpretation, application,
administration, or alleged violation of an existing collective
agreement or award.
 Causes of Industrial Dispute
1. Economic Cause:
 Demand for increase in wages on account of increase in all-
India Consumer Price Index for Industrial Workers.
 Demand for higher gratuity and other retirement benefits.
 Demand for higher bonus.
 Demand for certain allowances such as:
 House rent allowance
 Medical allowance
 Night shift allowance
 Conveyance allowance
 Demand for paid holiday etc.
2. Political Causes

3. Personnel Causes

4. Indiscipline
5. Misc. causes
Workers' resistance to rationalisation introduction of new
machinery and change of place
Non- recognition of trade union
Rumours spread out by undesirable elements
Working conditions and working methods
Lack of proper communication
Behaviour of supervisors
Inter trade union Rivalry etc.
 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
 Machinery for settlement of Industrial
disputes
►Works Committee
• for promoting dialogue between the employer and the workmen
and for securing and preserving amity
• The appropriate government may require the employer to set-up
works committee for every industrial establishment employing 100
or more workmen
• comprising equal representatives of management and workmen
• The main function is to endeavour to compose any difference of
opinion in matters of common interest and thereby promote
measures for securing and preserving amity and cordial relations
between the employer and workmen
►Conciliation Officer
• The conciliation officer may be appointed by the government for
specified area or specified industries.
• Their main duty is to investigate and promote settlement of disputes by
inviting the parties to come to a fair and amicable settlement.
• Conciliation proceedings are obligatory in case of disputes in public
utility services
• Conciliation officer to normally submit report within 14 days of
commencement of conciliation proceedings
• Duty of the conciliation officer is administrative and not judicial in nature
►Board of Conciliation
• government may, as occasion arises, constitute a board of
conciliation with an independent person as chairman and equal
representatives of the parties concerned as its members
• The board has to submit its report within two months of reference
to it, or within such shorter periods as may be fixed by the
government
• If the board fails to bring about settlement, a report is submitted to
the government explaining full facts and reasons for the failure
along with its findings
►Court of Enquiry
• The government may constitute a court of enquiry to enquire into
any matter connected with an industrial dispute
• The court may consist of one or more independent persons
• It has to submit its report on the matters referred to it within six
months from the commencement of its inquiry
• object is to enquire into and reveal the causes of an industrial
dispute
 Adjudication
• The Industrial Disputes Act provides for three-tier system of
adjudication of industrial disputes
• The cases either may be referred by government to court after the
receipt of failure report from conciliation officer or directly by any
party
• Labour courts and industrial tribunal may be constituted by the
state government while national tribunal is constituted by the
central government.
►Labour Court
Consist of 1 person only
> who is an independent person below 65yrs age
> is or has been the judge of high court
> has been a district judge for not less than 3 years
> has held any judicial office in india for not less than 7 years\
Duties of Labour Court are
> to hold adjudication proceedings expeditiously
> submit its award to the appropriate govt as soon as practicable
on the conclusion of proceedings.
Jurisdictions
1) Legality of an order passed by an employer under the standing
order,
2) Application and interpretation of standing orders,
3) Discharge or dismissal of workman,
4) Withdrawal of any customary concession or privilege,
5) Illegality or otherwise of a strike or lock-out, and
6) All matters (not specified for industrial court).
►Industrial Tribunals
Consists of one or more persons
> are or have been judge(s) of high court
> are or have been District judge(s) for a period not less than 3 yrs
> hold or have held the office of the chairman or any other
member of the Labour Appellate Tribunal for a period not less than
2 years.
The govt may, if it thinks fit, also appoint two persons as
assessors to advise the tribunal in the proceedings before it.
Jurisdiction
1) All matters within jurisdiction of labour courts,
2) Wages,
3) Compensatory and other allowances,
4) Hours of work and rest intervals,
5) Leave with wages and holidays,
6) Bonus, Provident Fund and Gratuity,
7) Shift Working,
8) Classification of grades,
9) Rules of Disciplines, and
10) Retrenchment and closure of establishment.
►National Tribunal
The national tribunal shall be constituted by the Central
government (only) when undertakings in more than one state is
affected by such industrial dispute and is of ‘national importance’.
Consists of on person only,
> who has been a judge of high court
> has held the office of the chairman or any other member of the
Labour Appellate Tribunal for a period not less than 2 years.

The govt may, if it thinks fit, also appoint two persons as

assessors to advise the tribunal in the proceedings before it.