HUMAN RESOURCE LAW

Issues Involved in Investigation of Industrial Disputes

Industrial Disputes: Introduction and Courts of Enquiry
Seminar Presented by:

Angshuman Hazarika, Student Id- S- 512, BA LLB. (Hons.)- 3rd Year, Group -XVII

Seminar Presented to:

Mrs. Geetika Walia Asst. Professor of Law RGNUL, Punjab, Patiala

INTRODUCTION

Industrial Disputes: Definition and Introduction Types of Industrial Disputes

Machinery for Handling Industrial Disputes

Causes of Common Industrial Disputes Courts of Enquiry and role in India Industrial disputes and future scope

INDUSTRIAL DISPUTES: DEFINITION AND INTRODUCTION Section 2 (k) of The Industrial Disputes Act states its scope:

Industrial Dispute

Employment

Nonemployment

Terms of Employment

Conditions of Labour

PARTIES TO AN INDUSTRIAL DISPUTE

SUBJECTS OF AN INDUSTRIAL DISPUTE

Industrial Disputes Act also includesa) Disputes and Insurance Companies through Industrial Disputes (Banking and Insurance) Companies Act, 1949 b) Working Journalists through Working Journalists (Industrial Disputes) Act, 1955

TYPES OF COMMON INDUSTRIAL DISPUTES

Stay Away

Tool Down

Primary Strikes

Go Slow

Strikes

Secondary Strikes

Work to Rule

Others

Hunger Strikes and Others

Industrial Disputes

Legal Lockouts Lockouts

Illegal Lockouts
Lay-off

Retrenchment

CAUSES OF COMMON INDUSTRIAL DISPUTES

Industrial matter relating to employment, work, wages, hours of work, privileges, the rights and obligations of employees and employers, terms and conditions of employment. Settlement or award , Closing of industries.

Industrial Factors

Managements unwillingness to recognize a particular trade union Management Unwillingness to negotiation and settlement of disputes Managements unwillingness to provide services and benefits to its employees Labour
Conflicts

Irrelevancy of existing provisions in presents Demand for higher minimum wages. Government Demand for more Social Security benefits.
Machinery

Other Causes

Issues of political conflicts. Internal Labour v. labour disputes.

MACHINERY FOR HANDLING INDUSTRIAL DISPUTES

COURTS OF ENQUIRY
Court of Enquiry constituted under Section 6 of the Industrial Disputes Act, 1947. Formed by appropriate government by notification in the Official Gazette. A Court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a Court consists of two or more members, one of them shall be appointed as the Chairman. Court cannot act without presence of requisite quorum and Chairman. One of the most preferred modes of investigation of disputes. Rights of workmen to go on strike during the period of enquiry present.

Report to be normally presented to appropriate Government within 6 months.

Report to be published by Govt. within 30 days of receipt.

INDUSTRIAL DISPUTES AND FUTURE SCOPE

Need for faster settlement mechanisms
Rising Conflicts between Management and Workers

Changing Labour Policies Global influences and Compliance with International Best Practices.