INDUSTRIAL RELATIONS AND LABOUR WELFARE

UNIT II

UNIT II-SYLLABUS
INDUSTRIAL CONFLICTS: Disputes Impact Causes Strikes Prevention Industrial

Peace Government Machinery Conciliation

Arbitration Adjudication

INDUSTRIAL DISPUTES-MEANING
According to Section 2(K) of the Industrial Disputes Act, 1947, and industrial dispute means any

dispute or difference between employers and

employees 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

CAUSES OF INDUSTRIAL DISPUTES

Managements general indifferent attitude towards

workers or employees

Mental inertia on the part of both management and

labour Lack of proper fixation of wages

Bad working conditions

Attempts by management to introduce changes (eg: automation)

CAUSES OF INDUSTRIAL DISPUTES

Lack of competence or training on the part of first-line supervision in the practice of human

relations.
Assignment of unduly heavy work-loads to

worker
Lack of strong and healthy trade unionism A spirit of non-cooperation

CAUSES OF INDUSTRIAL DISPUTES

A fall in the standard of discipline among employees due to wrong or improper leadership

Difference in regard to sharing the gains of

increased productivity Inadequate collective bargaining agreements Legal complexities in the industrial relations

machinery

Political environment of the country

FORMS OF DISPUTES

STRIKE
Strike means a cessation of work by a body of persons employed in any industry acting in

combination; or a concerted refusal or a refusal

under a common understanding or a number of

persons who are or have been so employed to

continue to work or to accept employment

TYPES OF STRIKE
Stay-in, sit-down, pendown strike Go-slow Sympathetic strike Hunger strike

Work-to-rule
Lightning or wildcat strike

LOCKOUT
Section 2(1) of the Industrial Disputes Act, 1947 defines lockout to mean the temporary closing of a place of employment or the suspension of work, or

the refusal by an employers to continue to employ

any number of persons employed by him, lockout, thus, is the counterpart of strike the corresponding weapon the hands of employer to resist the collective demands of workmen or to enforce his

terms

GHERAO
Gherao means encirclement of the managers to criminally intimidate him to accept the demands

of the workers
It amounts to criminal conspiracy under Section 120-A of the I.P.C. and is not saved by Sec. 17 of the Trade Unions Act on the grounds of its being a concerted activity.

REGULATION OF STRIKES AND LOCKOUTS

Illegal strikes and lockout are of two types: Those which are illegal form the time of their commencement Those which are not illegal at the time of

commencement
subsequently.

but

become

illegal

REGULATION OF STRIKES AND LOCKOUTS

Section 22 and 23 of the IDA provide for certain restriction which if not followed make strikes and lockouts illegal from their very commencement. According to this section, no person employed shall go on strike in breach of contract Without giving notice of strike to the employer, as here matter provided, within 6 week before striking; or Within fourteen days of giving such notice; or Before the expiry of the date of strike specified in any such notice as aforesaid; or During the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings.

CONSEQUENCES OF ILLEGAL STRIKES AND LOCK-OUTS

Penalty for illegal strikes [Sec.26(1)] Penalty for illegal lock-out [Sec.26(2) Penalty for instigation, etc. [Sec. 27]: Penalty for giving financial aid for illegal strikes

and lock-outs [Sec. 28]

MACHINERY FOR PREVENTION AND SETTLEMENT OF INDUSTRIAL RELATIONS

Voluntary Methods Government Machinery Statutory Measures

Code of Discipline

Tripartite Machinery

Collective Bargaining

I.D. Act, 1947

State Acts

Workers Participation

Labour Administration (States & Central Levels)

Works Committee

Conciliation

Voluntary Arbitration

Court of Enquiry

Adjudication

Conciliation Officers

Conciliation Board

Labour Court

Industrial Tribunal

National Tribunal