SUBMISSION-1

(Semester – 1)

NAME – Hemangi Indravadanbhai Rathod

REGISTRATION NUMBER – 202200513

PGDP &HRM 2022

SYMBIOSIS CENTRE FOR DISTANCE LEARNING (SCDL)

 Laws Related to Industrial Relations
Question No. 1

Explain the trade union movement in India.

Ans- The Trade Unions Act, 1926 (Erstwhile Indian Trade Unions Act) defines the term ‘Trade
Union’ as any combination, whether temporary or permanent, formed primarily for the purpose
of regulating the relations between workmen and employers or between workmen and workmen
or between employers and employers, or for imposing restrictive conditions on the conduct of
any trade or business, and includes any federation of two or more trade unions.

In traditional sense trade unions are continuous association of wage-earners for the purpose of
maintaining of improving the conditions of their working lives

Trade unions form a crucial component of the modern industrial system of a country, operating
under respective constitutional mechanisms, adhering to the globally accepted principles laid
down by organisations such as ILO.

Importance of Trade Union

There have been instances of protest and dissatisfaction among several trade unions regarding
changes in Labour laws and policies introduced by the government in recent years.

Further, different unions have called for Bandh(Blockade) at different points of time, featuring in
news regularly. In this perspective, studying the Trade Unions, their historical development is
necessary.

The need of Trade Unions

 Representation of collective stand and power of collective bargaining have been

important for the growth of a stable working population across several economies.
 This has also contributed in workers securing better wages, job security, improvement in
working conditions, more equitable sharing of the wealth created by them
  Continuity and support to stated policy has lent stability to the industrial production, and
for the protection of the interest of both the workers and investors or industrialists.
 Right to form a Trade Union is guaranteed as a fundamental right under Article 19 (1) (c)
of the Indian Constitution.

History of Labour Unions in India

 The trade unions genesis stemmed from the necessity of the time, protecting and securing
the interest, presenting the collective demands, grievances of the industrial worker, from
the second half of the nineteenth century, with establishment of industries.
 Poor working conditions, undue long working hours were the concerns for the workers.
 Although the Unions formed in the second half of the 19th century, they  had limitations
in effectively functioning as trade unions, they nevertheless were effective social unions,
presenting the demands collectively, with an orientation to reform the ills.
 Development of such trade unions was closely in sync with the development of the
Industry in India.
 In India, the first trade union came up in Bombay, after the establishment of textile mills
in the 1850s.
 Trade unions came up in Calcutta in 1854, with the establishment of Jute Mills.
 Sohrabji Shapuri Bengali and C.P. Mazumdar were the leaders and early pioneers of the
labour unions uprising.
 The first factory Commission set up in 1879 studied the problems of industrial workers.
 First trade union under the leadership of Narayan Meghji Lokhande -‘Bombay Millhands
Association’, founded in 1884,  without any  funds, office bearers.
 In 1891, The Indian factory Act was passed
 Some other Trade unions are Ahmedabad Weavers (1895), Jute Mills, Calcutta (1896),
Bombay Mill workers (1897) Union.
 Question No. 2

What are the Rights and the Liabilities of a Registered Trade Union?

Ans- Rights and Liabilities of Registered Trade Unions:

1. Objects on which General Funds may be spent: The general funds of a registered trade union
shall not be spent on any other objects than the payment of salaries, allowances and expenses to
the office bearers of the trade unions; expenses for the administration of the trade union; the
presentation or defiance of any legal proceeding to which the trade union of any member thereof
is a party; the conduct of trade disputes and compensation of members for loss arising out of
trade disputes; provision of education, social or religious benefits for members; upkeep of a
periodical published.

2. Constitution of a Separate Fund for Political Purposes: A registered trade union may constitute
a separate fund, from contributions separately levied for or made to that fund, from which
payments may be made for the promotion of the civic and political interests of its members, in
furtherance of any of the objects such as the payment of any expenses incurred, either directly or
indirectly; the holding of any meeting or the distribution of any literature/documents in support
of any such candidate; the registration of electors of the selection of a candidate for any
legislative body constituted under or for any local authority; the registration of electors or the
selection of a candidate for any legislative body constituted under/or for any local authority;
holding of political meetings of any kind.

3. Criminal Conspiracy in Trade Disputes: No office bearer or member of a registered trade

union shall be liable to punishment under sub-section (2) of Section 120 B of the Indian Penal
Code, 1860 in respect of any agreement made between the members for the purpose of furthering
any such object of the trade union as is specified in the section, unless the agreement is an
agreement to commit an offence.
4. Immunity from Civil Suit in Certain Cases: (i) No suit or other legal proceeding shall be
maintainable in any civil court against any registered trade union or any office bearer or member
thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a
member of the trade union is a party on the ground only that such act induces some other person
to break a contract of employment, or that is in interference with the trade, business or
employment of some other person or with the right of some other person to dispose of his capital
or of his labour as he wills. A registered trade union shall not be liable in any suit or other legal
proceeding in any civil court in respect of any fortuitous act done in contemplation or
furtherance of a trade dispute by an agent of the trade union, if it is proved that such person acted
without the knowledge of, or contrary to express instructions given by the executive of the trade
unions.

5. Enforceability of Agreements: Notwithstanding anything contained in any other law for the
time being in force, an agreement between the members of a registered trade union shall not be
void or voidable merely by reason of the fact that any to the subjects of the agreement are in
restraint of the trade.

6. Right to Inspect Books of Trade Unions: The account books of a registered trade union and the
list of members thereof shall be open to inspection by an office bearer or member of the trade
union at such times as may be provided for in the rules of the trade union.

7. Right of Minors to Membership of Trade Unions: Any person who has attained the age of 18
years may be a member of a registered trade union subject to any rules of the trade union to the
contrary, and may subject as aforesaid, enjoy all the rights of a member and execute all
instruments and give all acquaintances necessary to be executed or given under the rules. 8.
Effects of Change of Name and of Amalgamation: The change in the name of a registered trade
union shall not affect any rights or obligations of the trade union or render defective any legal
proceeding by or against the trade union. An amalgamation of 2 or more registered trade unions
shall not prejudice any right of any of such trade unions or any right of a creditor of any of them.
 PERSONNEL ADMINISTRATION

Question No. 3

What is organization diagnosis?

Ans- Organizational Diagnosis is an effective ways of looking at an organization to determine

gaps between current and desired performance and how it can achieve its goals.

In recent years organizational diagnosis has evolved from a technique used as part of the
organizational development process to a major technique in its own right.

Effective diagnosis should be an organic process in that as you start to look at an organization
and its structures and what it does and does not do, change starts, as change progress so does the
‘now’ performance and as such the diagnosis process also needs to re-start.

The BIR methodology looks at taking a ‘snapshot’ in time in a way which is quick and relatively
unobtrusive. This allows decisions to me made, plans developed and actions implemented
rapidly… Then using the benchmarking facility another snapshot of the organzation can be made
and new plans developed. A bit like the old story of “how do you eat an elephant? … one bite at
a time. Developing an organization is no different.

With each iteration of a diagnostic process so new changes are identified and prioritized. This
not only keeps the development process alive – it makes it “the way we do business here”.

Remember the basics

All too often in organizational diagnostics and development we focus on the ‘new’ and
‘interesting’ aspects of what we do. It is however vital that we periodically bring ourselves back
to the basics…
The purpose of the organization is essentially a vehicle for producing profits for its owners. Or
delivering valued services to its clients in not for profits. To meet the goals and get the best
return on investment (ROI), the owners of a company employ managers who are responsible for
setting performance objectives and reaching then through the appropriate use of a number of
resources such as people, equipment, machinery etc.

The Diagnostic Cycle

The purpose of a diagnosis is to identify problems facing the organization and to determine their
causes so that management can plan solutions.

An organizational diagnosis process is a powerful consciousness raising activity in its own right,
its main usefulness lies in the action that it induces.

The major steps of a diagnostic cycle include

 Orientation
 Goal setting
 Data gathering
 Analysis/ Interpretation
 Feedback
 Action Planning
 Implementation
 Monitoring/ Measure
 Evaluation

Forms of Diagnostic

The focus of organizational diagnostics will be different in a range of situations, for example
diagnosis for development or improvement will be different from diagnosis for remedial or
problem solving, although the methodologies may be similar. While the diagnostic tools may
well be similar, the application and outputs can be very different.
 History of Organizational Development and the lead to Organizational
Diagnostics

Kurt Lewin is said to have played a key role in the early development of organization
development as we understand it today. As early as the 1940s, Lewin experimented with a
change process which was collaborative in nature and involved himself as consultant and a client
group.  The process was based on a three-step approach of planning, taking action,
and measuring results.

This was the beginning of what has become known as action research. This is a fundamental part
of Organizational development. Later Lewin participated in the beginnings of laboratory
training, or T-groups when after his death in 1947, his associates in the field continued to
develop survey-research methods at the University of Michigan. These procedures became
important parts of OD as developments in this field continued at the National Training
Laboratories (US) and in growing numbers of universities and private consulting firms across the
world.

The failure of off-site laboratory training to live up to its early promise was one of the important
forces stimulating the development of OD. Laboratory training is learning from a person’s “here
and now” (Gestalt) experience as a member of an ongoing training group (T Group). Such
groups usually meet without a specific agenda. Their purpose is for the members to learn about
themselves from their spontaneous “here and now” responses to an ambiguous hypothetical
situation. Problems of leadership, structure, status, communication, and self-serving behavior
typically arise in such a group. The members have an opportunity to learn something about
themselves and to practice such skills as listening, observing others, and functioning as effective
group members.

Initially the approach was practiced in stranger groups, or groups composed of individuals from
different organizations, situations, and backgrounds. Over time a major difficulty developed,
however, in transferring knowledge gained from these stranger labs to the actual situation back
home. This required a transfer between two different organizational cultures, the relatively safe
and protected environment of the T-group (or training group) and the give-and-take of the
organizational environment with its traditional values. This led the early pioneers in this type of
learning to begin to apply it to family groups, that is groups located within an organization. From
this shift in the locale of the training site and the realization that culture was an important factor
in influencing group members (along with some other developments in the behavioral sciences)
emerged the concept of organization development.
 Question No. 4

What information is required for effective human resources planning?

Ans- Effective Human Resource Planning Checklist

Human resource planning needs careful attention. When it’s done well, HR planning is a
valuable process which can ensure that current employees are able to attend to important tasks
and become integrated within your company culture.

Properly managed human resource planning checklist goes beyond the now and forecasts future
labour demands within an organisation. It’s a continuous process of systematic planning which
takes place to help an organisation achieve the best use of their workforce.

At first glance, human resource planning sounds quite simple but it’s a precise art and one which
can vary from organisation to organisation because a company’s goals and objectives need to be
taken into account and no single company’s goals are the same.

These processes, plans and systems assist businesses to sift through the ‘maybes’ and learn to
anticipate workforce variations instead of living in a constant state of surprise, or making up the
HR strategy as you go!

Human resource planning comprises of four comprehensive steps

When creating a human resources plan, these are the main considerations for any HR
professional. The 4 steps which are integral in any human resource planning are all important but
one of them is vital. That point is forecasting demand. This means that businesses need not only
a clear picture of their company but a good understanding of several other factors before they can
put their plan into action.
STEP 1: Analyse company objectives and HR needs 

Strategic aims within an organisation must be aligned to human resources practices in order to
ensure that a human resources plan is as effective as it can possibly be.

Questions to ask include what growth or decline is expected? How might this impact the
workforce? What are predicted sales for the forthcoming year?

Goals need to be shared; CEOs should be on the same page as HR professionals so that the focus
on human resources is fully embraced by all of the people involved in the planning.

The human resources plan should cover every part of a businesses from sales to expansion, from
recruitment to training. An excellent way to ensure that everyone is on the same page is to
implement a strategic plan for human resources to utilise.

This plan should include factors such as upcoming retirements, staff who will be undertaking
further training which will advance their skills and any other factors which will affect the future
of your workforce.

 
STEP 2: Determine recruiting strategy and evaluate current human resources

Recruitment strategy is a powerful tool when well implemented. Consider Starbucks; this is a
company which ranked at 131 on 2017’s Fortune 500 and with projected sales of thirty-five
billion by 2021.

How does a company this massive, even begin to successfully manage their human resource
plans?

A vital aspect for Starbucks is their recruitment strategy which targets potential employees who
are ‘on-brand’ and who pass a carefully structured interview process. Starbucks also put a lot of
energy into employees’ well-being and as a result, the company have an extremely low turnover
in staff. Their somewhat unusual practices are working extraordinarily well and have been for
many years.
You can begin by looking at the number of people currently employed, taking into account their
skills and potential for future development, you should be able to determine which positions will
need to be filled in future. Creating a profile for your ‘ideal employee’ which covers the gamut
of openings within your business will also ensure your staff turnover is lowered.

Digitising employee onboarding with onboarding software can be a powerful way to not only cut
the costs of recruitment, retention and management, but can also help your employees to feel
more empowered and engaged.

Also consider which jobs will be created or phased out, how can the new positions best be filled?
A performance evaluation strategy can help here as you review your employees’ performances.

Once your plan is in places you can plan the best options for recruiting the best people for future
gaps in the workforce.

STEP 3: Predict need

This is the practice of estimation. Looking at the potential numbers of future employees in an
organisation and ensuring that they are of the best quality.

It’s not an exact art. There is some estimation involved and because of this, it’s quite
challenging. Gathering the data needed to predict the future of your workforce is tricky in itself
and involves both statistical data and ordinary observation. Utilise data you already have access
to including predicted sales and slumps.

STEP 4: Planning training and development

The previous steps will show you where, if at all, there are gaps. Will there be skills shortages
within your workforce? Do you need to implement training for certain individuals now to ensure
that you have the right workforce in place at the right time? Upcoming retirements for example
can necessitate further training for individuals on lower rungs.

Some changes can’t be predicted; long-term illness for example and employees changing careers
or the shifting needs of their families can all impact your team but there’s no effective way to
predict these changes. You can however forecast some variables and these should be carried out
with care.

Ensure that you keep records of the skills your workforce currently have and update them as the
staff receive further training and development.

EMPLOYEE RELATIONS
 Question No. 5

Discuss the evolution of Industrial Relations.

Ans- Evolution of industrial Relations in INDIA

IR is dynamic in nature. The nature of IR can be seen as an outcome of complex set of

transactions among the major players such as the employers, the employees, the trade union, and
the state in a given socio-economic context. In a sense, change in the nature of IR has become
sine quo non with change in the socio-economic context of a country.

Keeping this fact in view, IR in India is presented under the following two sections:

1. IR during Pre- Independence

2. IR during Post-Independence

1. IR During Pre-Independence: The structure of the colonial economy, the labour

policies of colonial government, the ideological composition of the political leadership, the
dynamics of political struggle for independence, all these shaped the colonial model of industrial
relations in pre-independent India”. Then even union movement was an important part of the
independence movement.

However, the colonial dynamics of the union movement along with the aggressiveness of alien
capital, the ambivalence of the native capital and the experience of the outside political
leadership frustrated the process of building up of industrial relations institutions.

Other factors like the ideology of Gandhian class harmony, late entry of leftists and the
bourgeois character of congress also weakened the class approach to the Indian society and
industrial conflict”.

Till the Second World War, the attitude of the colonial government toward industrial relations
was a passive regulator only Because, it could provide, that too only after due pressure, the sum
of protective and regulative legal framework for industrial relations Trade Union Act 1926 (TL
A) Trade Disputes Act 1929 (TDA). It was the economic emergence of the Second World War
that altered the colonial government‟s attitude on industrial relations.

The state intervention began in the form of introduction of several war time measures, viz. the
Defence of India Rules (Rule 81- A), National Service (Technical Personnel) Ordinance, and the
Essential Service (Maintenance) Ordinance As such in a marked contrast to its earlier stance, the
colonial government imposed extensive and pervasive controls on industrial relations by the
closing years of its era. Statutory regulation of industrial relations was on plank of its labour
policy.

The joint consultative institutions were established primarily to arrive at uniform and agreeable
labour policy. The salient features of the colonial model of IR can be summarized as close
association between political and trade union movement, dominance of „outsiders‟ in the union
movement, state intervention and federal and tripartite consultations.

The eve of Independence witnessed several instances that served as threshold plank for IR during
post-Independence era. The prominent instances to mention are passing of Indian Trade Unions
(Amendment) Act, 1947, Industrial Employment (Standing Orders) Act 1946, Bombay Industrial
Relations Act, 1946, and Industrial Disputes Act, 1947 and split in AITUC and formation of
INTUC.

2. IR During Post-Independence: Though Independent India got an opportunity to

restructure the industrial relations system the colonial model of IR remained in practice for
sometimes due to various reasons like the social, political and economic implications of
partition, social tension, continuing industrial unrest, communist insurgency, conflict, and
competition in the trade union movement. In the process of consultation and confrontation,
gradually the structure of the industrial relations system (IRS) evolved.

State intervention in the IRS was a part of the interventionist approach to the management of
industrial economy.

Several considerations like unequal distribution of power in the labour market, neutrality of the
state, incompatibility of free collective bargaining institution with economic planning etc.
provided moral justification for retaining state intervention in the IRS. State intervention in the
IRS is logical also when the state holds large stakes in the industrial sector of the economy.

However state intervention does not mean suppression of trade unions and collective bargaining
institution. In fact, state intervention and collective bargaining were considered as
complementary to each other.

Gradually, various tripartite and bipartite institutions were introduced to supplement the state
intervention in the IRS.

The tripartite process was considered as an important instrument of involving participation of

pressure groups in the state managed system. Non formal ways were evolved to do what the
formal system did not legislate, for one reason or other.

The political and economic forces in the mid-1960s aggravated industrial conflict and rendered
non-formal system ineffective. In the process of reviewing the system, National Commission on
Labour (NCL) was appointed in 1966.

Now the focus of restructuring shifted from political to intellectual. However, yet another
opportunity was lost when there was an impasse on the NCL recommendations in 1972. The
Janta Government in 1978 made, of course, a half-hearted attempt to reform industrial relations.
Unfortunately, the attempt met with strong opposition from all unions. The BMS, for example,
termed it as “a piece of anti-labour, authoritarian and dangerous legislation””.

Several committees were appointed to suggest measures for reforming die IRS. In the process,
tripartism was revived in 1980s. Government passed the Trade unions and the Industrial Disputes
(Amendment) Bill, 1988.

But, it also proved yet another legislative disaster. The bill was severely criticised by the left
parties. It was even viewed by some as a deliberate attempt to destroy “autonomous; organised or
militant trade union movement”.
APPROACHES TO INDUSTRIAL RELATIONS

The terms "industrial relations" is used to denote a specialist area of organizational management
and study which is concerned with a particular set of phenomena associated with regulating the
human activity of employment. It is, however, difficult to define the boundaries of this set of
phenomena-and, therefore, the term itself-in a precise and universally accepted way. Any more
specific definition must, of necessity, assume and emphasise a particular view of the nature and
purpose of industrial relations. Consequently, there are as many definitions as there are writers
on industrial relations. For example, the two most frequently used terms of industrial Climate
for Industrial Relations, and 'employee relations' are, in most practical senses, interchangeable;
yet they have very different connotations. The former, more traditional, term reflects the original
historical base of unionized manual workers within the manufacturing sector of the economy
whilst the latter has come into greater use with the development of less unionised white collar
employment and the service and commercial sectors of the economy. (The term 'industrial
relations' is used because it is the more commonly known and used term'). The terms may be
used in a very restrictive sense to include only the formal collective relationship between
management and employees (through the medium of trade unions) or in an all-inclusive sense to
encompass all relationships associated with employment (those between individuals at the
informal level as well as those of a formal collective or organisational nature). However, it is
doubtful whether the two approaches can, or should, be separated so easily-informal,
interpersonal or group relationships are influenced by the formal collective relationships which
exist within the industrial relations system, and it may be argued that the formal collective
relationships are themselves, in part, determined by the nature of individual relationship. Clearly,
the borderline between formal and informal or individual and collective relationships within
organisations cannot provide a natural boundary for the subject matter of industrial relations.