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    Industrial Conflict

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    Sownthariya T
    The document discusses industrial conflicts and disputes. It provides definitions of key terms like industrial disputes, strikes, lockouts, and their causes and impacts. It outlines the various government machinery and processes used to resolve industrial conflicts, including conciliation (via conciliation officers and boards), arbitration, courts of inquiry, and adjudication (via labor courts, industrial tribunals, and national tribunals). The overall goal is to promote industrial peace between workers and management.

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    Industrial Conflict

    Uploaded by

    Sownthariya T
    188 views30 pages
    The document discusses industrial conflicts and disputes. It provides definitions of key terms like industrial disputes, strikes, lockouts, and their causes and impacts. It outlines the various government machinery and processes used to resolve industrial conflicts, including conciliation (via conciliation officers and boards), arbitration, courts of inquiry, and adjudication (via labor courts, industrial tribunals, and national tribunals). The overall goal is to promote industrial peace between workers and management.

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    The document discusses industrial conflicts and disputes. It provides definitions of key terms like industrial disputes, strikes, lockouts, and their causes and impacts. It outlines the various government machinery and processes used to resolve industrial conflicts, including conciliation (via conciliation officers and boards), arbitration, courts of inquiry, and adjudication (via labor courts, industrial tribunals, and national tribunals). The overall goal is to promote industrial peace between workers and management.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    188 views30 pages

    Industrial Conflict

    Uploaded by

    Sownthariya T
    The document discusses industrial conflicts and disputes. It provides definitions of key terms like industrial disputes, strikes, lockouts, and their causes and impacts. It outlines the various government machinery and processes used to resolve industrial conflicts, including conciliation (via conciliation officers and boards), arbitration, courts of inquiry, and adjudication (via labor courts, industrial tribunals, and national tribunals). The overall goal is to promote industrial peace between workers and management.

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    © All Rights Reserved
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    of 30

    Industrial conflict

    UNIT II
    Industrial conflict
    Industrial conflict occurs when employees express their
    dissatisfaction with management over the current state of the
    management-employee relationship.
    The causes of such dissatisfaction are typically matters related to
    regular wage payment, wage increase or remunerations according to
    terms of the employment contract.
    Industrial Disputes
    Industrial Disputes mean 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 term of employment or with the
    conditions of labour of any person.
    Definition

    According to the Industrial Disputes Act, 1947, Section 2(k);


    ―Industrial Disputes mean 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 o r term of employment or with the conditions of labour of any
    person.
     
    Impacts of industrial relations conflict for
    a business
     
    Ø
    Reduced productivity
     

    Ø   
    Loss of profits
     

    Ø   
    Damage to public image
     

    Ø   
    Difficulty in recruiting & keeping staff
     

    Ø   
    Wasted time and energy
     

    Ø   
    Increased costs
    Major impacts:
     
    •  There is economic loss due to conflicts because conflicts may result in strikes and
    lock-outs. This causes low or no production resulting in industrial loss.
     
    •  Industrial loss may cause economic depression because many industries are
    interlinked. A problem in one industry may drastically affect another industry.
     
    • The lives of low-level labourers become worse when they are out of work. They
    may be the only working members of the family, and their joblessness may lead
    everyone in the family to poverty.
     
    • When industrial conflicts get out of hand, they become a threat to peace and
    security. Workers may resort to violence and indulge in sabotage.
    Causes Of Industrial Disputes

    • Wages and allowances


    • Personnel and retrenchment
    • Indiscipline and violence
    • Bonus
    • Leave and working hours
    Strikes
     
    Strike is ―a temporary cessation of work by a group of employees
    Ø   

    in order to express their grievance or to enforce a demand concerning


    changes in work conditions‖.
     

    Section 2(q) of the Industrial Disputes Act, 1947, defines a strike


    Ø   

    as ―a cessation of work by a body of persons employed in any


    industry acting in combination, or a concerted refusal under a
    common understanding of a number of persons who are or have been
    so employed to continue to work or to accept employment‖.
     
    Types of Strikes
      Ø Symapathetic strike-Cessation of work in the support of the demand
    workmen belonging to their employer. The management can take disciplinary
    actions for the absence of workmen.
     
    Ø   Economic Strike-In this type the members of trade union stop work to

    enforce their economic demands such as increase in wages, bonus and other


    benefits.
     

    General strike-It means a strike by members of all or most of the unions


    Ø   

    in region or an industry. It nay be a strike of all or most of the unions in region or


    an industry.
     
    Stay in, sit down, pen down or Tool down strike- In all such cases
    Ø   

    the workmen after taking their seats, refuse to do work by their combination

    Go slow - Go slow does not amount to strike but it is a serious case
    Ø   

    of misconduct.
     

    Hunger strike-Some workers may resort to fast on or near the place of work
    Ø   

    or residence of the employer


     

    Lightning or wildcat strike -It is an unofficial strike ie., a strike not


    Ø   

    sanctioned by the union. Such strikes occur in violation of the no strike pledge
    in collective bargaining agreements
     
    Lock outs-It is declared by the employers to put pressure on their workers.It
    Ø   

    is an act on the part of the employers to close down the place of work until the
    workers agree to resume work on the terms and conditions specified by the
    employers.
     

    Lay off-Lay off means failure, refusal or inability of an employer, shortage


    Ø   

    of power or raw materials or accumulation of the stocks or the breakdown of


    the machinery or for any other reason not to give employment to a workman.
     

    Retrenchment-It means the termination of the service of a workman for


    Ø   

    any reasons by the employer. It does not include the voluntary retirement of


    the workman.
    Gherao-It denotes collective action by the workers which members of
    Ø   

    the management will be imprisoned by them.


     

    Picketing-When workers are dissuaded a certain men at the factory gates it


    Ø   

    is called as picketing. It is perfectly legal . It is to draw the attention of public.


     

    Boycott-The workers may decide to boycott the company by not using


    Ø   

    its products. It affects marketability of its products.


    How to Resolve a Strike

    • Bridge the worker-management divide.


    • Practice empathy.
    • Maintain a positive attitude.
    • Allow for worker autonomy.
    • Provide employees with the information they need.
    • Consider appearances.
    • Consider employee safety.
    Provision
    • Sec 22 prohibition on public utility service
    • Sec 23 general prohibition
    • Sec 24 illegal strike and illegal lockout
    • Sec 26 penalty
    Industrial Peace
    Industrial peace is not merely a negative concept signifying the absence
    of industrial unrest, or the reconciling of hostile forces in order to avoid
    ruinous strife, but it also signifies the active presence of harmonious and
    good industrial relations generating amity and goodwill between the
    partners in an industry –
    a condition which is both the cause and effect of fruitful co – operation

    1.     Strong trade union with democratic norms


     
    2.     Employers should have progressive outlook
     
    3.     Employers should recognize the rights of the workers\
     
    4.     Both (workers and management) should faith in collective bargaining and settlement disputes.
     
    5.     Encourgement of workers participative management.
     
    6.     Two communication between both the parties
     
    7.     Govt 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.
    Government Machinery
    The various methods and machinery under the industrial disputes act can
    be classified as under the following heads:
    (I) Conciliation
    (III) Adjudication
    Works committee Labour court
    Conciliation officer Industrial tribunal and
    Board of conciliation National trinal
    (II) Arbitration
    Court of inquiry
    Conciliation

    Conciliation is the ―practice by which the services of a neutral party


    are used in a dispute as a means of helping the disputing parties to
    reduce the extent of their differences and to arrive at an amicable
    settlement of agreed solution.‖
    Conciliation Officer:

    Conciliation Officer: The law provides for the appointment of


    Conciliation Officer by the Government to conciliate between the
    parties to the industrial dispute. The Conciliation Officer is given the
    powers of a civil court, whereby he is authorised to call the witness the
    parties on oath.
    Board of Conciliation:

    In case Conciliation Officer fails to resolve the differences between


    the parties, the government has the discretion to appoint a Board of
    Conciliation. The Board is tripartite and ad hoc body. It consists of a
    chairman and two or four other members.
    Arbitration

    On failure of conciliation proceedings, the conciliation officer many


    persuade the parties to refer the dispute to a voluntary arbitrator.
    Voluntary arbitration refers to getting the disputes settled through an
    independent person chosen by the parties involved mutually and
    voluntarily.
    In other words, arbitration offers an opportunity for a solution of the
    dispute through an arbitrator jointly appointed by the parties to the
    dispute.
    Court of Inquiry:

    In case of the failure of the conciliation proceedings to settle a


    dispute, the government can appoint a Court of Inquiry to enquire
    into any matter connected with or relevant to industrial dispute. The
    court is expected to submit its report within six months.
    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.
    These include:
    • (a) Labour courts,
    • (b) Industrial tribunals, and
    • (c) National tribunals
    Labour Court:

    A labour court consists of one person only, who is normally a sitting


    or an ex-judge of a High Court. It may be constituted by the appropriate
    Government for adjudication of disputes which are mentioned in the
    second schedule of the Act.
    The issues referred to a labour court may include:

    (i)The propriety or legality of an order passed by an employer under the


    Standing Orders.
    (ii) The application and interpretation of Standing Orders.
    (iii) Discharge and dismissal of workmen and grant of relief to them.
    (iv) Withdrawal of any statutory concession or privilege.
    (v) Illegality or otherwise of any strike or lockout.
    (vi) All matters not specified in the third schedule of Industrial Disputes
    Act, 1947. (It deals with the jurisdiction of Industrial Tribunals).
    Industrial Tribunal:

    Like a labour court, an industrial tribunal is also a one-man body. The


    matters which fall within the jurisdiction of industrial tribunals are as
    mentioned in the second schedule or the third schedule of the Act.
    Obviously, industrial tribunals have wider jurisdiction than the labour
    courts.
    The Industrial Tribunal may be referred
    the following issues:
    1. Wages including the period and mode of payment.
    2. Compensatory and other allowances.
    3. Hours of work and rest intervals.
    4. Leave with wages and holidays.
    5. Bonus, profit sharing, provident fund and gratuity.
    6. Shift working otherwise than in accordance with the standing orders.
    7. Rule of discipline.
    8. Rationalisation.
    9. Retrenchment.
    10. Any other matter that may be prescribed.
    National Tribunal:

    The Central Government may constitute a national tribunal for


    adjudication of disputes as mentioned in the second and third schedules of
    the Act or any other matter not mentioned therein provided in its opinion
    the industrial dispute involves ―questions of national importance‖ or
    ―the industrial dispute is of such a nature that undertakings established in
    more than one state are likely to be affected by such a dispute‖.

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