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Industrial Disputes - Meaning, Causes, Classification, Characteristics
Industrial Disputes - Meaning, Causes, Classification, Characteristics
Industrial Disputes
By Hemant More < https://thefactfactor.com/author/hemantmore1998/>
According to Section 2(k) of the Industrial Disputes Act, “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
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Industrial disputes may be among different parties: (i) Employers and employers, or
(ii) Employers and workmen or (iii) Workmen and Workmen.
Ordinarily, it arises when the workers or trade unions put up their demands before
the employer and the latter refuses to consider them.
In matter relating to industrial dispute interest either of the employer or the worker
must be involved.
Industrial dispute need not be written. It may be oral.
Industrial disputes may manifest themselves in different forms, such as strikes,
lock-outs, Gheraos, go slow tactics, pens down strike, etc.
Major causes of industrial disputes are wages, bonus, working conditions, trade
unions, Retrenchment, working conditions, etc.
Industrial disputes are classified as interest disputes, grievance or rights disputes,
disputes over unfair labour practices, and recognition disputes.
It relates to employment of the worker, termination of employment, terms of
employment, conditions of employment, etc. Matters relating to the personal life of
the worker do not constitute industrial dispute.
It belongs to an industry which is functioning. Disputes belonging to an industry
that has since been closed down are not included in it.
Industrial disputes should relate to matters which are clear. Unless, it is a
transparent case its settlement is not possible.
Interest Disputes:
These conflicts are also called ‘conflicts of interest’ or ‘economic disputes’. In most
cases the disputes arise from the demands or proposals for improvement in wages,
benefits, job security or terms or conditions of employment. Such disputes relate to
the establishment of new terms and conditions of employment for the general body
workers. Interest disputes must be properly negotiated or bargained or compromised
through collective bargaining. These disputes should be settled through conciliation as
far as possible. Such disputes are solved generally on ‘give and take’ basis.
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These disputes are also known as ‘conflicts of rights’ or ‘legal disputes’. They involve
individual workers or a group of workers in the same group. It is a protest by the
workers against the act of management that deprives the rights of the employees. The
grievance disputes arise out of payment of wages, fringe benefits, working hours, over
time, promotions, demotions, seniority, safety, retirement benefits, seniority work-
rules, leave rules and health related aspects, etc. In some cases, disputes arise especially
over the interpretation and application of collective agreements. There are, more or
less definite standard for resolving a dispute i.e., the relevant provision of the Act or
collective agreement, employment contract, works rules or law, or customs or usage.
The most common Labour type of dispute is the disputes over Unfair Practices in
industrial relations. The management many times discriminates against workers on the
ground that they are the members of the trade union and they participate in the
activities of the union. Such disputes arise over the malpractices adopted by the
management against a worker or trade union. The examples of such malpractices may
be discrimination against workers for their being members of the trade union or their
involvement in union activities; interference, restraint or coercion of employees from
exercising their right to organize, join or assist a union; establishment of employer
sponsored union and coerce the workers to join such union; refusal to bargain with
the recognized union; recruiting new employees during a strike which is not declared
illegal; failure to implement an award, settlement or agreement; indulging in acts of
violence. Such disputes can be settled through conciliation or such disputes are settled
according to the normal procedure laid down under the Industrial Disputes Act 1947.
Recognition Disputes:
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Case Laws:
In Bombay Union of Journalists v. The Hindu, AIR 1963 SC 318 case, the
Supreme Court observed that it is enough if industrial dispute exists or is
apprehended on the date of reference. Therefore, even when no formal demands have
been made by the employer, industrial dispute exists if the demands were raised during
the conciliation proceedings.
In Workmen v. Hindustan Lever Ltd., AIR 1999 SC 525 case, the Court held that
when an industrial dispute is referred for adjudication the presumption is that, there is
an industrial dispute.
In W.S. Insulators of India Ltd. v. Industrial Tribunal, Madras, (1977) IILLJ 225
Mad case, the Court held that unless there is a demand by the workmen and that
demand is not complied with by the management, there cannot be any industrial
dispute within the meaning of Section 2(k). Mere participation by the employer in the
conciliation proceedings will not be sufficient.
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Conclusion:
For the industrial growth, there must be peace and harmony is a prerequisite. The
Conflict between the employees and employers is inherent in industrial society. The
Industrial Disputes Act was enacted to provide machinery and forum for the
settlement of such conflicting and seemingly irreconcilable interests without
disturbing the peace and the harmony in industry. The Act provides social justice to
both employees and employers. Industrial disputes include 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 or with the conditions of labour, of any
person. Understanding industrial dispute is itself important for obtaining the solution
to the dispute.
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