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Chapter I-Industrial Relations
Chapter I-Industrial Relations
Concept
The concept of industrial relation fairly evolved in the late 19 th century and
over the years its prominence in the industrial scene has grown excessively.
Primarily, it is viewed as a subject that examines relationship among various
players that fall in the pipeline of industry, which ofcourse include
management, workers and unions. Nevertheless, this concept got diluted with
time and consequent upon it was understood that industrial relations analyze
the relations between management and the employee and works out a viable
way out to resolve their mutual disputes. Accordingly, the industrial relations
was described a domain that deals with securing effective and willing co-
operation from employees and reducing conflict between employers and
workers and their representatives, trade unions. Following the growth of added
awareness in the literature of industrial relations concept got enlarged and
accordingly it was held that industrial relations connotes a mechanism that
foster peaceful relations among the various groups which may include workers,
unions, legal bodies, management, and of course the Government. This was
though due to the fact, that the other bodies, law, government and unions all
have key role in cementing effective, conducive and peaceful relations between
the workers and management.
Definition
In the back drop of the extensive concept, Industrial Relations was defined
defiantly by different authors. According to V. Agnihotri, “The term industrial
relations explains the relationship between employees and management which
stem directly or indirectly from union-employer relationship.” Similarly, Bethel
and Others, defined “Industrial relation is that part of management which is
concerned with the manpower of the enterprise whether machine operator,
skilled worker or manager.” Likewise, Tead & Metcalf, “Industrial relationship
is the composite result of the attitude and approaches of employers and
employees towards each other with regard to the planning supervision, direction
and coordination of the activities of an organization with a minimum of human
effort and friction with an animating spirit of cooperation and with proper
regard for genuine well-being of all the members of the organization.”
While, according to T.N. Kapoor, “The term ‘Industrial Relations’ should be
understood in the sense of labour- management relations as it percolates into a
wider set of relationship touching extensively all aspects of labour such as
union-policies, personnel policies and practices including wages, welfare and
social security, service conditions, supervision and communication, collective
bargaining etc., attitudes of parties and governmental action on labour matter.”
Nevertheless, V.B. Singh, “Industrial relations are an integral aspect of social
relations arising out of employer- employee interaction in modern industries,
which are regulated by the State in varying degrees, in conjunction with
organised social forces and influenced by prevailing, institutions. This involves
a study of the State, the legal system, workers’ and employers’ organisations on
the institutional level; and that of patterns of industrial organisation (including
management), capital structure (including technology), compensation of labour
force and the forces of market on the economic level.”
According to Thus, it covers all types of relations arising out of employer-
employee interaction in the industry which are influenced by the power of the
State and other social and economic institutions.
(1) Industrial relations are the relations which are the outcome of the
’employment relationship’ in an industrial enterprise. It is, thus, employer-
employee relationship in an industry. Two parties—employer and workmen are
necessary without which such relationship cannot exist and it is the industry
which provides the setting for industrial relations.
(2) Industrial relation is the relation in the industry created by the diverse and
complex attitudes and approaches of both management and workers in
connection with the management of the industry. Attitude refers to the mental
state of a person, approach can be the external expression of such an attitude.
Attitudes are always not obvious and the individual himself may not always be
fully conscious of the attitudes. The attitudes must be inferred from tone of
verbal expressions or perhaps from the individual’s overt behaviour. Attitude is
the mental state of the individual which prepares him to take a particular,
(external) approach or make him behave in a particular manner. Attitudes of
both—employer and employees influence each other and determine natural
relationship.
(3) This relationship emphasises on the process of accommodation whereby
both the parties develop skills and methods of adjusting to and cooperating with
each other.
(4) Industrial relation is not a simple relationship between the two parties but is
a set of functional interdependence involving a number of factors, say,
historical, economic social, psychological, demographic, technological,
occupational, legal and others etc. It, therefore, requires an interdisciplinary
approach for its study. In this context, industrial relations are the relations and
interactions between management and workers and as a result of their
composite attitudes and approaches.
(5) Every industrial relation creates a complex of rules and regulations to
govern the work-place, the work- community with the main purpose of
maintaining harmonious relations between the management and the workmen
by solving their problems through the process of collective bargaining
(6) The Government/State also regulates the industrial relations in the country.
It evolves, influences and shape industrial relations through laws, rules,
agreements, awards of the courts, and emphasises on the usages, customs,
traditions, implementation of its policies and interference through executive and
judicial machinery.
Industrial relations may, thus, be defined as the relations and interactions in the
industry particularly between the labour and management as a result of their
composite attitudes and approaches in regard to the management of the affairs
of the industry, for the betterment of not only the management and the workers
but also of the industry and the economy as a whole.
(vi) To provide the workers their due profit share, improve their working
conditions and thereby eliminating the chances of strikes and lockout etc.
Besides, these also include – freedom of co-operation among the workers and
protection of the right to co-operate, enforcement of rules of the organisation,
right of collective bargaining, collective settlement, mediation, arbitration and
co-operation between officers and employers’ associations.
Collective Bargaining.
Labor Legislation
(v) Formulation of rules relating to law and order situation within the
organisation and their explanation,
(vi) Provision of recruitment test, intelligence test, ability test, skill test, etc.
(x) To advise in the solution of problems relating to education, trade, health and
conduct of the employees,
(xi) To conduct survey on the attitude of the employees,
Healthy industrial relations is the backbone of the organisation. For this, the
responsibility of the management is to look after the total well-being of each
and every employee because a happy employee is an asset to the organisation.
At this stage, it is relevant to put some light on the history of industrial relations
in India.
‘Hired and fired’ philosophy was adopted by employer because the principle of
‘supply and demand of labours’ was governed by industrial relations. In this
system there was no scope of appeal against unjust decisions. It may produce
temporarily results but in long run converted into violence. Only employers and
workmen (Disputes) Act, 1860 was used to settle wage disputes between
employers and employees because the conditions of employment and wages
were very poor.
After the First World War, the government enacted the Trade Disputes Act,
1929 to enhance the settlement of industrial disputes. But the major drawback
of this Act was that it did not provide any standing machinery for the settlement
of disputes. In the year, 1936, the Payment of Wages Act, 1936 was enacted by
government to stop the exploitation of workers by employers. After the Second
World War, our country faced many problems which were created and
increased industrial relations in turbulent situation.
2. Post-Independence Period:
It submitted its report in year 1969. During emergency (1975-77), there was
considerable tightening of discipline in the industrial as well as general
environment. But after emergency, change in Political leadership, the Janta
Government set up a number of committees to review industrial relations
situations. In the late 1970s and early 1980s industrial relations in our country
were characterised by violence, therefore, on 26th July 1981, the government
issued an ordinance to ban strikes.
The law called the Essential Service Maintenance Act (ESMA) 1981. This Act
empowers the government to ban strikes, Layoffs and Lockouts in what it seems
to be an “essential services”.
Industrial Disputes
Understandably, an industrial dispute can be referred as friction or
disagreement between two or more parties involved, due to the difference in
their perceptions, opinions, mindsets, attitudes and values. In an organization,
the parties engaged in such disputes can be employer and employee, employee
and employee or employer and employer. Many a time on a massive level,
conflicts can even arise between the government and the public. Industrial
disputes are sometimes observed as a result of poor industrial relations in the
organizations. Morespecifically, dispute means difference or disagreement of
strife over some issues between the parties. As regards industrial dispute, since
its settlement proceeds as per the legal provisions contained in the ‘Industrial
Disputes’ Act, 1947, therefore, it is appropriate to understand the concept of
industrial disputes from a legalistic angle.
According to Section 2 (k) of the Industrial Disputes Act, 1947, the term
‘industrial dispute’ means “any dispute or difference between employers and
employers or between employers and workmen, or between workmen and
workmen, which is connected with the employment or non- employment or the
terms of employment and conditions of employment of any person”.
The above definition is too broad and includes differences even between groups
of workmen and employers engaged in an industry. However, in practice,
industrial disputes mainly relate to the difference between the workmen and the
employers.
Dispute differs from discipline and grievance. While discipline and grievance
focus on individuals, dispute focuses on collectively of individuals. In other
words, the test of industrial dispute is that the interest of all or majority of
workmen is involved in it.
4. There must be some nexus between the union and the dispute.
1. Strikes:
However, these relations are severed and the employer incurs losses. This form
of strike is popular in the USA but not in India. The reason being, in India, the
third person is not believed to have any locus standi so far the dispute between
workers and employer is concerned.
General and political strikes and bandhs come under the category of other
strikes:
Lock-Outs:
Lock-out is the counter-part of strikes. While a ‘strike’ is an organised or
concerted withdrawal of the supply of labour, ‘lock-out’ is withholding demand
for it. Lock-out is the weapon available to the employer to shut-down the place
of work till the workers agree to resume work on the conditions laid down by
the employer. The Industrial Disputes Act, 1947 defined lock-out as “the
temporary shutting down or closing of a place of business by the employer”.
Lock-out is common in educational institutions also like a University. If the
University authority finds it impossible to resolve the dispute raised by the
students, it decides to close-down (or say, lockout) the University till the
students agree to resume to their studies on the conditions laid down by the
University authority. Recall, your own University might also have declared
closure sometimes for indefinite period on the eve of some unrest / dispute
erupted in the campus.
Gherao:
Gherao means to surround. It is a physical blockade of managers by
encirclement aimed at preventing the egress and ingress from and to a particular
office or place. This can happen outside the organisational premises too. The
managers / persons who are gheraoed are not allowed to move for a long time.
Sometimes, the blockade or confinements are cruel and inhuman like
confinement in a small place without light or fans and for long periods without
food and water. The persons confined are humiliated with abuses and are not
allowed even to answer “calls of nature”. The object of gherao is to compel the
gheraoed persons to accept the workers’ demands without recourse to the
machinery provided by law. The National Commission on Labour has refused to
accept ‘gherao’ as a form of industrial protest on the ground that it tends to
inflict physical duress (as against economic press) on the persons gheraoed and
endangers not only industrial harmony but also creates problems of law and
order.
As the last pressure tactic, the employees started Vice Chancellor’s gherao on
31st October at 11.00 a.m. They shut down the entrance gate of the
administrative building at 3.00 p.m. to block the egress and ingress from and to
the office in the administrative building.
The Vice Chancellor was kept confined in his office chamber. He was
humiliated throughout the gherao by using abuses, disconnecting his telephone
line, not allowing him food and water and even not allowing him to answer
“calls of nature”. This scene lasted for 18 hours and was over only by 5 a.m.
next day when some 50 C.R.P.F jawans with local police came from the city
which is about 20 kms. away from the University Campus.
They broke the entrance gate of administrative building, rescued the Vice
Chancellor and arrested 117 employees confining the Vice Chancellor under
Section 340 of the Indian Penal Code and kept them behind bars for a day.
On 1st November, the Vice Chancellor handed over the charge of his office to
the senior most Professor of the University at his residence in the city. In the
wee hours on 2nd November, he left for where he came from. The aftermath of
gherao created a tuneful atmosphere in the University Campus for about two
weeks.
Workers prevent their colleagues from entering the place of work and pursuade
them to join the strike. For this, some of the union workers are posted at the
factory gate to pursuade others not to enter the premises but to join the strike.
Boycott, on the other hand, aims at disrupting the normal functioning of the
organisation. The striking workers appeal to others for voluntary withdrawal of
co-operation with the employer. Instances of boycotting classes and
examinations are seen in the Universities also.
The ILO’ has classified the industrial disputes into two main types.
They are:
1. Interest Disputes
That’s way in some countries; such disputes are also called ‘individual
disputes’. Payment of wages and other fringe benefits, working time,
over-time, seniority, promotion, demotion, dismissal, discipline, transfer,
etc. are the examples of grievance or right disputes.
If these grievances are not settled as per the procedure laid down for this
purpose, these then result in embitterment of the working relationship and
a climate for industrial strife and unrest. Such grievances are often settled
through laid down standard procedures like the provisions of the
collective agreement, employment contract, works rule or law, or customs
/usage in this regard. Besides, Labour Courts or Tribunals also adjudicate
over grievance or interest disputes.
It is the dispute mainly which opens up the minds of employers who then
provide better working conditions and emoluments to the workers. At
times, disputes bring out the causes to the knowledge of the public where
their opinion helps resolve them.
3. Bonus:
Bonus has been an important factor in the industrial disputes, 10.3% of
the industrial disputes in 1973 were because of bonus as compared to
6.9% in 1961. 13.8% and 15.2% of the disputes were due to bonus during
1976 and 1977 respectively. It is worth noting that during 1982 only 4.7%
of the disputes were due to bonus as compared to 7.3% in 1985. This
percentage was 4.2 in 1992, 3.6 in 1996 and 8.5 in 2000.
6. Miscellaneous Causes:
Miscellaneous causes include modernisation of plant and introduction of
computers and automatic machinery recognition of union political
factors, etc. These factors have caused a significant number of industrial
disputes in the country, 24.1% of the industrial disputes in 1973 were due
to miscellaneous causes. They accounted for 19.5% of the industrial
disputes in 1977, 29.2% in 1985, 27.8% in 1996 and 33.2% in 2000.
Thus, industrial disputes do not arise only when workers are dissatisfied
on economic grounds, they also arise over issues which are of non-
economic nature. Instances may be quoted when strikes where
successfully organised to protest against the management’s decision to
change the location of the plant from one state to another. Similarly, even
causes like behaviour of supervisor and trade union rivalries may give
rise to industrial disputes.
Similarly, labour unions should persuade their members to work for the
common objectives of the organisation. Both the management and the
unions should have faith in collective bargaining and other peaceful
methods of settling industrial disputes.
4. Mutual Accommodation:
The right of collective bargaining of the trade unions must be recognised
by the employers. Collective bargaining is the cornerstone of industrial
relations. In any organisation, there must be a great emphasis on mutual
accommodation rather than conflict or uncompromising attitude.
Conflicting attitude does not lead to amicable labour relations; it may
foster union militancy as the union reacts by engaging in pressure tactics.
The approach must be of mutual “give and take” rather the “take or
leave”.
8. Government’s Role:
The Government should play an active role for promoting industrial
peace. It should make law for the compulsory recognition of a
representative union in each industrial unit. It should intervene to settle
disputes if the management and the workers are unable to settle their
disputes. This will restore industrial peace.