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Industrial Dispute

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INDUSTRIAL DISPUTE

 According to Patterson.

“Industrial strife constitutes militant and


organized protests against existing industrial
conditions. They are symptoms of industrial
unrest in the same way that boils are a symptom
of a disordered body”.

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The industrial dispute Act 1947 defines an industrial
dispute as “any dispute or differences between
employer and employer, or between employees and
employees, or between employers and employees,
which is connected with the employment, or non-
employment, or the terms of employment or with
the conditions of work of any person” (section 2-k)
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FORMS OF DISPUTES

Industrial disputes may take the form of

 strikes
 go slow tactics
 token strikes
 sympathetic strikes
 pen-down strikes
 hunger strikes
 bandh’s
 gheraos
 lockouts

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TYPES OF DISPUTES

Disputes according to code of industrial relations


introduced in the united kingdom in 1972 are of two
kinds:

 Disputes of Right
 Disputes of interest
 Unfair labour practices
 Recognition disputes
 Grievance disputes

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ACCORDING TO INDUSTRIAL DISPUTE ACT 1947 AND THE MANY JUDICIAL
DECISIONS WHICH HAVE BEEN HANDED DOWN BY COURTS AND
TRIBUNALS, INDUSTRIAL DISPUTES MAY BE RAISED ON ANY ONE OF THE
FOLLOWING ISSUES:-

 Fairness of standing orders


 Retrenchment of workers following the closing down of a factory, lay-off,
discharge or dismissal, rein statement of dismissed employees and
compensation for them.
 Benefits of an award denied to a worker, non- payment of personal
allowance to seasonal employees; the demand of employees for medical
relief for their parents.
 Wages, fixation of wages and minimum rates, modes of payment and the
right of an employee to choose one of the awards when two awards on
wages have been given.
 Lockout and claim for damages by an employer because employees
resorted to an illegal strike.
 Payment of hours, gratuity, provident fund, pension and travelling
allowance;
 Disputes between rival unions
 Disputes between employers and employers.
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CAUSES OF INDUSTRIAL DISPUTES
The causes of industrial disputes are described as ;
 Motivating factors

 Influencing factors

The labour Bureau (Ministry of labour Govt of India) has been classified
the causes of industrial disputes in India in percentage wise in to six
categories which in 1992 were as follows:-
 Wages and Allowances
 Bonus
 Personal & Retrenchment
 Leave and hours of work
 Indiscipline of violence
 Other causes (discharges, maltreatment, victimization)
 Non industrial factors
 Management attitudes to labour
 Govt. machinery 1-7
PROCEDURE FOR SETTLEMENT OF DISPUTES IN
INDIA

Indian disputes Act 1947: The notice of strikes will have to


submit before 14 days and cancellation will have to 7 days.

According to Act the settlement of disputes in industry are:

 Works committee
 Conciliation office
 Board of conciliation
 Court of enquiry
 Labour court
 Industrial tribunal
 National tribunal is called Judicial Body

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METHODS

Negotiation:
Mediation:
Conciliation:
Arbitration:
Adjudication:
MACHINERY DISPUTES ACT

 Work committee:
 Court of inquiry:
 Conciliation:
 Conciliation officer  Government  Labour court
(Adjudication)
 Labour court 
 Industrial tribunals  consists of only are person handled
by a district judge.
 National tribunals

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