MEANING.FORMS AND CAUSES OF INDUSTRIAL DISPUTES

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INDUSTRIAL LAW LECTURE 1
MEANING,FORMS AND CAUSES OF INDUSTRIAL DISPUTE CAUSES
INDUSTRIAL DISPUTE ACT 1947

Ø  INTRODUCTION

1. THE FIRST ENACTMENT DEALING WITH THE SETTLEMENT OF INDUSTRIAL DISPUTE WAS THE EMPLOYERS’ AND WORKMEN’S DISPUTES ACT 1860
2. REPLACED BY THE TRADE DISPUTE ACT 1929
3. CONTAINED PROVISIONS REGARDS STRIKES IN PUBLIC UTILITY SERVICES AND GENERAL STRIKES. THE MAIN PURPOSE WAS TO PROVIDE CONCILIATION MACHINERY FOR PEACEFUL SETTLEMENT OF INDUSTRIAL DISPUTE
4. THE INDUSTRIAL DISPUTE ACT 1947 CAME INTO OPERATION IN  APRIL 1947

Ø  SCOPE AND OBJECT OF THE ACT

1. EXTENDS TO THE WHOLE OF INDIA
2. THE OBJECTIVE OF THE ACT IS LAID IN THE PREAMBLE OF THE ACT
3. MAKE PROVISIONS FOR INVESTIGATIONS AND SETTLEMENT OF INDUSTRIAL DISPUTES
4. THE ACT IS PRIMARILY MEANT FOR REGULATING THE RELATIONS OF EMPLOYEES AND WORKMEN PAST,PRESENT AND FUTURE
5. THE PRINCIPAL AIM IS TO ENCOURAGE COLLECTIVE BARGAINING AND TO MAINTAIN INDUSTRIAL PEACE BY PREVENTING ILLEGAL STRIKES AND LOCK OUTS AND TO PROVIDE LAY OFF RETRENCHMENT COMPENSATIONS.

• DEFINITION OF INDUSTRIAL DISPUTE
• SECTION 2(K) OF THE INDUSTRIAL DISPUTE ACT 1947, THE INDUSTRIAL DISPUTE MEANS ANY
• ANY DISPUTE OR DIFFERENCE BETWEEN

1. EMPLOYERS AND EMPLOYERS OR
2. EMPLOYERS AND WORKMEN OR
3. OR BETWEEN WORK MEN AND WORKMEN

• WHICH IS CONNECTED WITH THE EMPLOYMENT OR THE TERMS AND CONDITIONS OF EMPLOYMENT AND PERSON

·         THE INTEREST OF ALL OR MAJORITY OF THE WORK MEN IS INVOLVED IN IT.DISPUTE FOCUSES ON COLLECTIVITY OF THE INDIVIDUALS

Ø  PRINCIPLES ON THE NATURE OF DISPUTE

1. THE DISPUTE MUST AFFECT A LARGE NUMBER OF WORKMEN WHO HAVE A COMMUNITY OF THE INTEREST AND RIGHT OF THESE WORKMEN MUST BE AFFECTED AS A CLASS
2. TAKEN UP EITHER BY THE INDUSTRIAL UNION OR BY SUBSTANTIAL NUMBER OF WORKMEN
3. GENERAL COMPLAINT
4. NEXUS BETWEEN THE UNION AND DISPUTE

• SECTION 2 A OF INDUSTRIAL DISPUTE ACT A WORKMEN HAS A RIGHT TO RAISE AN INDUSTRIAL DISPUTE WITH REGARD TO TERMINATION,DISCHARGE OR DISMISSAL
• FORMS OF INDUSTRIAL DISPUTE

1. STRIKES
2. LOCK OUTS
3. GHEARO
4. PICKETING
5. BOYCOTT

• STRIKES
• AS PER SECTION 2( q)  OF THE MEANING OF THE STRIKE MEANS CESSATION OF WORK BY A BODY OF PERSONS EMPLOYED IN ANY INDUSTRY ACTING IN COMBINATION OR A CONCERTED REFUSAL OR A REFUSAL UNDER COMMON UNDERSTANDING OF ANY NUMBER OF PERSONS WHO OR HAVE BEEN SO EMPLOYED TO CONTINUE TO WORK IN EMPLOYMENT
• IN SIMPLE WORDS WE CAN SAY QUITTING OF WORK BY A GROUP OF WORKERS FOR THE PURPOSE OF BRINGING PRESSURE ON THEIR EMPLOYMENT TO ACCEPT THEIR DEMANDS.
• VERY POWERFUL WEAPON USED BY TRADE UNIONS TO GET THEIR DEMAND  ACCEPTED

• TYPES OF STRIKES

1. ECONOMIC STRIKE:-THE MEMBERS OF A UNION COLLECTIVELY STOP WORK TO ENFORCE THEIR ECONOMIC DEMANDS SUCH AS WAGES,BONUS AND OTHER CONDITIONS OF WORK
2. SYMPATHETIC STRIKE:-THE MEMBERS OF UNION COLLECTIVELY STOP WORK TO SUPPORT OR EXPRESS THEIR SYMPATHY WITH THE MEMBERS OF OTHER UNIONS WHO ARE ON STRIKE IN THE OTHER UNDERTAKINGS.
3. GENERAL STRIKE:-IT MEANS A STRIKE BY MEMBERS OF ALL OR MOST OF THE UNIONS IN REGION OR AN INDUSTRY. IT MAY BE A STRIKE OF ALL THE WORKERS.IT MAY ALSO BE AN EXTENSION OF THE SYMPATHETIC STRIKE
4. SIT DOWN STRIKE:-WHEN WORKERS DO NOT LEAVE THEIR WORK PLACE BUT STOP WORK
5. SLOW DOWN STRIKE:-EMPLOYEE REMAIN IN THEIR JOBS BUT THEY ADOPT GO SLOW TACTICS TO PUT PRESSURE ON THE EMPLOYEE
6. TYPES OF STRIKES
7. LIGHTNING STRIKE:- OUT OF PROVOCATION,WORKERS MAY GO ON STRIKE WITHOUT NOTICE OR AT VERY SHORT NOTICE.
8. HUNGER STRIKE:-NON VIOLENT PROTEST TO BRING MORALLY PRESSURE ON EMPLOYEES. WORKERS DECIDE TO FOREGO FOOD FOR SPECIFIED PERIOD OF TIME

• LOCK OUT:-IS DECLARED BY THE EMPLOYERS TO PU PRESSURE ON THEIR WORKERS. IT IS AN ACT ON THE PART OF THE EMPLOYERS TO CLOSE DOWN THE PLACES OF WORK UNTIL THE WORKERS AGREE TO RESUME THE WORK ON THE TEMRS AND CONDITIONS SPECIFIED BY THE EMPLOYERS. THE INDUSTRAIL ACT 1947 DEFINED THE LOCK OUT AS CLOSING OF A PLACE OF EMPLOYMENT OR THE SUSPENSION OF WORK OR THE REFUSAL BY AN EMPLOYER TO CONTINUE TO EMPLOY ANY NUMBER OF PERSONS EMPLOYED BY HIM.
• GHEARO:- MEANS TO SURROUND DENOTES A COLLECTIVE ACTION INITIATED BY A GROUP OF WORKERS UNDER WHICH MEMBERS OF THE MANAGEMENT OF AN INDUSTRIAL ESTABLISHMENT ARE PROHIBITED FROM LEAVING THE BUSINESS OR RESIDENTIAL PREMISES BY THE WORKERS WHO BLOCK THEIR EXIT THROUGH HUMAN BARRICADE. NATIONAL COMMISSION ON LABOUR,GHEARO CAN NOT BE TREATED AS A FORM OF INDUSTRIAL PROTEST BECAUSE IT INVOLVES PHYSICAL COERCION RATHER THAN ECONOMIC PRESSURE.
• FORM OF DISPUTE
• PICKETING:-WORKERS ARE DISSUADING FROM REPORTING FOR WORK BY CERTAIN PERSONS STATIONED AT THE GATE, IT IS LEGAL AS NO VIOLENCE IS INVOLVED.
• BOYCOTT:-AIMS AT DISRUPTING THE NORMAL FUNCTIONING OF AN ENTERPRISE THROUGH FORCEFUL APPEAL AND NEGATIVE BEHAVIORAL ACTS.

Ø  TYPES OF DISPUTES

• CODE OF INDUSTRIAL RELATIONS INTRODUCED IN THE UNITED KINGDOM IN 1972

1. DISPUTE OF RIGHT:-RELATE TO THE APPLICATION OR INTERPRETATION OF AN EXISTING AGREEMENT OR CONTRACT OF EMPLOYMENT
2. DISPUTE OF INTEREST:-RELATES TO CLAIMS BY EMPLOYEES OR PROPOSALS BY MANAGEMENT ABOUT THE TERMS AND CONDITIONS OF EMPLOYMENT

a)    FAIRNESS OF THE ORDERS

b)    RETRENCHMENT OF THE WORKERS

c)    DENIAL OF BENEFIT

d)    PAYMENT OF GRATUITY,PROVIDENT FUNDS,PENSION AND OTHER ALLOWANCE

e)    FIXATION OF WAGES AND SALARIES

f)     DISPUTES BETWEEN RIVAL UNIONS

g)    DISPUTE BETWEEN EMPLOYERS AND EMPLOYERS

• CAUSES OF INDUSTRIAL DISPUTE
• ECONOMIC CAUSE:-

a)    WAGES AND ALLOWANCES

b)    BONUS

c)    WORKING CONDITIONS

d)    MODERNIZATION AND AUTOMATION

e)    DEMAND FOR OTHER FACILITIES

• MANAGERIAL CAUSES

a)    FAILURE TO RECOGNIZE THE TRADE UNIONS

b)    DEFECTIVE RECRUITMENT POLICY

c)    IRREGULAR LAYOFF AND RETRENCHMENT

d)    DEFECTIVE LEADERSHIP

e)    WEAK TRADE UNIONS

• POLITICAL CAUSES:
• OTHER CAUSES:-

1. INTER UNION RIVALRY
2. MISBEHAVIOR
3. LACK OF PROPER COMMUNICATION