Submitted By: SANTANU ANAND |Roll- R103218-127 |500068553 | CSE- BAO(4th Sem) | Jan- May , 20

INDUSTRIAL GRIEVANCES

In industrial and blended economy, disputes are especially normal. Modern

disputes are the consequence of contentions among bosses and laborers. While the
businesses are continually attempting to oppose increment in compensation and
furthermore attempt to expand the long periods of work however the laborers or
representatives are sorting out themselves through worker's organization for raising
their wages alongside improvement of different states of work.

So as to accomplish their objective, laborers are following the way of fights by

falling back on gherao, go-moderate, showings, strikes and so on and the
businesses so as to implement discipline and to protect their advantage may go for
conservation and rejection of representatives and in the outrageous case may
proclaim a lock-out.

Along these lines both the strikes and lock-outs are the two outrageous measures
followed by workers and managers separately in extraordinary cases. In this way
these sorts of contentions between the business and representatives are known as
modern disputes. The Industrial disputes bring about immense loss of man-days
just as creation.

The modern relations are upset by Industrial disputes and developing modern
disputes may contaminate the whole modern atmosphere of the nation prompting a
complete mayhem in the economy.
In the Indian context disputes under the Industrial Dispute Act, 1947, a dispute is
raised when an employment contract is not carried out. The issues could include
wage demands, union rivalry, political interference, unfair labour practices as
described in the fifth schedule of the ID act, multiplicity of labour laws, industrial
sickles etc. The dispute resolution framework under the ID Act consists of
Conciliation, Arbitration and adjudication. Apart from this, in line with the theories
of industrial jurisprudence, in the unionized context there is collective bargaining,
establishment of work committee, discipline management and grievance resolution
procedures, which help prevent dispute in the first place.

Causes of Industrial Dispute can be broadly classified into the following

categories:-
1. Economic Cause
2. Political Causes
3. Personnel Causes
4. ln-discipline
5. Environmental factors
6. Management factors
7. Trade union factors

Industrial grievances may appear as strikes, go-moderate strategies, token strikes,

and thoughtful strikes, pen – down strike, hunger strike, and bandhs gheraos and
lock out. A strike is a stoppage of work, started or bolstered by a worker's
organization, when a gathering of representatives act all together resort to offer
weight as a powerful influence for a business to determine a complaint or compel
him to acknowledge such terms and states of administrations as the representatives
need to appreciate.
Dispute resolution in India :
The Dispute Resolution process in India mainly involves the following:
• Litigation :
The litigation process in India is based on common law. It is largely based on
English common law because of the long period of British colonial influence
during the British Raj.There is a single hierarchy of courts in India. Much of
contemporary Indian law shows substantial European and American influence.
Various acts and ordinances first introduced by the British are still in effect in
modified form today.
• Conciliation :
Conciliation, is a type of mediation. Mediation is the demonstration of putting
forth dynamic attempt to carry two clashing gatherings to settle. Mediation, in any
case, contrasts from pacification in that while conciliator plays just a latent and
aberrant job, and the extent of his capacities is given under the law, the go between
takes dynamic part and the extent of his exercises are not dependent upon any
statutory arrangements.
• Arbitration :
On disappointment of mollification procedures, the pacification official many
convince the gatherings to allude the question to an intentional judge. Willful
mediation alludes to getting the debates settled through a free individual picked by
the gatherings included commonly and intentionally.
At the end of the day, mediation offers an open door for an answer of the question
through a mediator mutually delegated by the gatherings to the contest. The
procedure of discretion sets aside time and cash of both the gatherings which is
generally squandered if there should arise an occurrence of settling.
. Adjudication:
The ultimate remedy for the settlement of an industrial dispute is its reference to
adjudication by labour court or tribunals when conciliation machinery fails to bring
about a settlement. Adjudication consists of settling disputes through intervention
by the third party appointed by the government. The law provides the adjudication
to be conducted by the Labour Court, Industrial Tribunal of National Tribunal.