• Share
  • Email
  • Embed
  • Like
  • Save
  • Private Content
Ir Complete
 

Ir Complete

on

  • 3,256 views

 

Statistics

Views

Total Views
3,256
Views on SlideShare
3,255
Embed Views
1

Actions

Likes
1
Downloads
185
Comments
0

1 Embed 1

http://www.slideshare.net 1

Accessibility

Categories

Upload Details

Uploaded via as Microsoft Word

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    Ir Complete Ir Complete Document Transcript

    • INDUSTRIAL RELATIONS MAMORIA & GANKAR LESSON TOPICS NO. 1 1. SCOPE, DEFINITION & OBJECTIVES OF IR 2. IMPACT OF IR ON SOCIO-ECONOMIC CONDITIONS 2 1. ROLE OF JUDICIARY & ITS IMPACT ON IR 3 1. MACHINERY FOR SETTLEMENT OF DISPUTES AT THE LEVEL OF CENTRAL / STATE GOVERNMENT MACHINERY UNDER ADJUDICATION WITH LANDMARK JUDGMENTS GIVEN BY HIGH / SUPREME COURTS FROM TIME TO TIME 4 1. CONCEPTS OF COLLECTIVE BARGAINING 2. IT’S SUCCESS & FAILURE 3. ITS CAUSE 4. CRITICAL REVIEW 5 1. WORKERS PARTICIPATION IN MANAGEMENT – ITS PRACTICALITY AT OPERATIONAL LEVEL 6 1. TRADE UNION MOVEMENT IN INDIA AFTER INDEPENDENCE 2. PROBLEMS FACED BY TRADE UNION UNIONS DUE TO INTRA & INTER UNION RIVALRY 3. POLITICAL AFFILIATIONS OF TRADE UNIONS – MERITS & DEMERITS 7 1. PROBLEMS OF FORMING UNIONS IN UNORGANISED SECTORS 2. LABOUR MANAGEMENT RELATIONS IN ORGANIZED SECTOR 8 1. SALIENT FEATURES OF TRADE UNION ACT 9 1. IMPACT OF GLOBALISATION & INFORMATION TECHNOLOGY ON IR 10 1. GRIEVANCES 2. DISCIPLINE HRD IN PERSPECTIVE: οƒ˜ TRADITIONALLY THREE FACTORS OF PRODUCTION WERE IDENTIFIED: o LAND o CAPITAL o LABOUR
    • οƒ˜ IN PRE-INDUSTRIAL SOCIETY AGRICULTURE WAS THE MAJOR SOURCE OF WEALTH. CAPITAL & LABOUR WERE WEDDED TO LAND, & ECONOMIC POWER BELONGED TO THOSE WHO COULD CONTROL IT USE οƒ˜ WITH INDUSTRIAL REVOLUTION CAPITAL BECAME THE CRITICAL FACTOR OF PRODUCTION οƒ˜ INDUSTRIALISATION BROUGHT ABOUT DRASTIC CHANGES IN THE WORKING METHODS, MANPOWER MANAGEMENT RELATIONS ON THE SHOP FLOOR οƒ˜ WITH TECHNOLOGICAL ADVANCEMENTS, THE USE OF OUT WORKERS [PEOPLE WORKING AT THEIR HOMES WITH THEIR OWN TOOLS / MACHINES] DECLINED & FACTORY SYSTEM GRADUALLY STARTED SETTING. THE OWNERS PROVIDED MACHINERY; MEANS OF PRODUCTION & PREMISE & WORKERS SUPPLIED THEIR LABOUR. οƒ˜ THIS LED TO TWO DISTINCT CLASSES: o CAPITALIST CLASS o WORKING CLASS οƒ˜ THE CAPITALIST CLASS BECAME MORE POWERFUL AS IT PROVIDED IMPORTANT INPUT OF PRODUCTION. IN THE INITIAL STAGES OF INDUSTRIALISATION, THE WORKERS WERE LARGELY UNTRAINED, UNEDUCATED & UNORGANISED; HENCE DID NOT RECEIVE FAIR DEAL AT THE HANDS OF EMPLOYERS οƒ˜ IN THE EARLY STAGES OF INDUSTRIALISATION, THE TRENDS WHICH DOMINATED THE SCENE WERE: o LOSS OF FREEDOM  HAD TO WORK UNDER DISCIPLINE  PLACE OF WORK WAS DETERMINED BY MACHINES  IN WORKING CONDITIONS [REST INTERVALS, HOLIDAYS, WAGES ETC. HAD LITTLE SAY o UNHYGIENIC WORKING CONDITIONS  WORK ENVIRONMENT IN THE FACTORIES WAS EXTREMELY UNHYGIENIC & UNHEALTHY  LITTLE ATTENTION WAS PAID TO HEALTH & SAFETY OF WORKERS  VENTILATION / ILLUMINATION WAS POOR  SANITARY CONDITION WAS DEPLORABLE o EMPLOYMENT OF CHILDREN
    •  PARTLY DUE TO ECONOMIC NECESSITY & PARTLY DUE TO THE PRESSURE OF EMPLOYERS THE WORKERS WERE FORCED TO PUT THEIR CHILDREN TO EMPLOYMENT  THERE WAS NO DIFFERENCE IN THE HOURS OF WORK & THE OTHER WORKING CONDITIONS OF BOTH CHILD & ADULT WORKER οƒ˜ IN THE EARLY NINETEENTH CENTURY THE DOCTRINE OF LAISSEZ FAIRE WAS IN VOGUE WHICH HAD THE FOLLOWING FEATURES: o FREEDOM OF CONTRACT  PARTIES TO CONTRACT WERE FREE TO LAY DOWN THE TERMS & CONDITIONS OF CONTRACT WITHOUT ANY INTERVENTION FROM THE THIRD PARTY  UNDER SUCH CONDITIONS THE WEAKER PARTY WAS FORCED TO ACCEPT THE DICTATE OF THE STRONGER ONE o THE DYNAMICS OF MARKET  THE ECONOMIC DOCTRINE BELIEVED THAT DYNAMICS OF MARKET REVOLVE ROUND ECONOMIC FORCES; HENCE THEY SHOULD BE LEFT TO REGULATE THEMSELVES WITHOUT ANY INTERVENTION  THE FORCES OF DEMAND & SUPPLY DETERMINE THE PRICE AT WHICH PARTIES WOULD STRIKE THE DEAL IF THE SUPPLY OF LABOUR EXCEEDS DEMAND THEN THE WAGES OF WORKERS ARE BOUND TO BE LOW  THEREFORE AS SUCH ANY INTERFERENCE EITHER BY GOVERNMENT & OR TRADE UNION WAS RESISTED o THE PURSUIT OF SELF-INTEREST  THE BEST INTEREST OF EVERYONE CAN BE BEST SERVED BY LETTING THE PARTIES TO ACT IN THEIR OWN INTEREST  THE SELF-INTEREST WOULD MOTIVATE THE PEOPLE TO BECOME A TRADER, EMPLOYEE, EMPLOYER ETC. THEREFORE ANY INTERFERENCE BY THE THIRD PARTY WOULD BE ADVERSELY AFFECT THE INTEREST OF EVERYONE οƒ˜ ANOTHER ASPECT OF LAISSEZ FAIRE WAS DIVISION OF LABOUR
    • οƒ˜ IN THE MIDDLE OF NINETEENTH CENTURY WITH THE ADVANCEMENT OF MANAGERIAL TECHNOLOGY, INCREASED COMPLICATION OF WORK METHODS, IR SYSTEM STARTED SHAPING UP οƒ˜ IN THE LATE NINETEENTH CENTURY, THE EMERGENCE OF POST INDUSTRIAL SOCIETIES, THE ROLE OF HR AS A FACTOR OF PRODUCTION HAS BEEN GIVEN DUE IMPORTANCE. οƒ˜ THE DEMAND FOR SKILLED WORKER IS GAINING MOMENTUM οƒ˜ HUMAN BEINGS ARE THE ACTIVE AGENTS WHO ACCUMULATE CAPITAL, EXPLOIT NATURAL RESOURCES, BUILD SOCIAL ECONOMIC & POLITICAL ORGANIZATIONS, & CARRY FORWARD NATIONAL DEVELOPMENT. οƒ˜ THEREFORE THE WELFARE & DEVELOPMENT OF HAPPY IR ARE FUNDAMENTAL PERQUISITES FOR SHIFTING ECONOMIC PARADIGM TOWARDS GREATER PROSPERITY IMPACT OF IR: οƒ˜ TECHNOLOGY HAS ACCELERATED HE PROCESS OF CIVILIZATION. THE TRANSGRESSION OF HOMOSAPIANS FROM CAVE AGE TO INFORMATIONAL AGE IS A LIVE EXAMPLE OF INDUSTRIAL REVOLUTION ON HUMAN LIVES OVER THE LONG PAST οƒ˜ THE PACE WITH WHICH TECHNOLOGICAL DEVELOPMENTS ARE TAKING PLACE, WE CAN SAY THAT THE WORLD IS LEADING TOWARDS THE THIRD INDUSTRIAL REVOLUTION οƒ˜ THE FOLLOWING ARE THE TRENDS THAT HAVE INFLUENCED THE NATURE OF INDUSTRIAL WORK: o ELIMINATION OF PHYSICAL LABOUR: o MASS PRODUCTION AT LOW COST o EVOLUTION OF ENTREPRENEURIAL ELITE: o INCREASED MOBILITY IR: CONCEPT: οƒ˜ THE TERM INDUSTRIAL RELATIONS DENOTE EMPLOYER-EMPLOYEE RELATIONS IN BOTH ORGANIZED & UNORGANISED SECTORS OF THE ECONOMY. THE FOLLOWING ARE THE FEATURES OF IR: o IT IS BORN OUT OF EMPLOYMENT RELATIONSHIP. EXISTENCE OF TWO PARTIES IS ESSENTIAL. INDUSTRY PROVIDES THE ENVIRONMENT FOR IR
    • o IT IS CHARACTERIZED BY BOTH CONFLICT & COOPERATION. IT IS A STUDY OF ATTITUDES, RELATIONSHIPS, PRACTICES & PROCEDURES DEVELOPED BY THE CONTENDING PARTIES TO RESOLVE OR AT LEAST MINIMIZE CONFLICTS o IT INVOLVES THE STUDY OF CONDITIONS CONDUCIVE TO THE LABOUR, MANAGEMENT COOPERATION AS WELL AS PRACTICES & PROCEDURES REQUIRED TO ELICIT THE DESIRED COOPERATION FROM BOTH PARTIES o IT IS THE STUDY OF LAW, RULES, REGULATIONS, AGREEMENTS AWARDS OF COURT, CUSTOMS & TRADITIONS AS WELL AS POLICY FRAMEWORK LAID DOWN BY THE GOVERNMENT FOR ELICITING COOPERATION BETWEEN LABOUR & MANAGEMENT οƒ˜ THE CONCEPT OF IR IS VERY BROAD –BASED DRAWING HEAVILY FROM A VARIETY OF DISCIPLINES LIKE SOCIAL SCIENCES, HUMANITIES, BEHAVIOURAL SCIENCES, LAWS ETC. SCOPE & ASPECTS OF IR: οƒ˜ DEVELOPMENT OF HEALTHY LABOUR MANAGEMENT RELATIONS o EXISTENCE OF STRONG, WELL ORGANIZED DEMOCRATIC & RESPONSIBLE TRADE UNIONS & ASSOCIATIONS OF EMPLOYERS o THESE O ENHANCE THE JOB SECURITY OF EMPLOYEES, HELP IN INCREASED WORKERS PARTICIPATION IN MANAGEMENT, & GIVE LABOUR A DIGNIFIED ROLE IN SOCIETY o IT IS THE SPIRIT OF COLLECTIVE BARGAINING, & WILLINGNESS TO TAKE RECOURSE TO VOLUNTARY ARBITRATION. FOR THIS AN ATMOSPHERE OF TRUST & GOODWILL SHOULD EXIST o WELFARE WORK MAINTAINS & IMPROVES LABOUR MANAGEMENT RELATIONS 7 THEREBY CONTRIBUTE TO INDUSTRIAL PEACE οƒ˜ MAINTENANCE OF INDUSTRIAL PEACE o INDUSTRIAL PEACE PRE-SUPPOSES THE ABSENCE OF INDUSTRIAL STRIFE WHICH IS ESSENTIAL FOR INCREASED PRODUCTIVITY & HARMONIOUS LABOUR MANAGEMENT RELATIONS o INDUSTRIAL PEACE CAN BE NURTURED THROUGH FOLLOWING MEANS:  MACHINERY SHOULD BE SET UP FOR THE PREVENTION & SETTLEMENT OF INDUSTRIAL PEACE  THE GOVERNMENT SHOULD HAVE THE POWER TO REFER DISPUTES TO ADJUDICATION
    •  THE GOVERNMENT ENJOYS THE POWER TO MAINTAIN STATUS QUO  THE PROVISION OF THE BIPARTITE & TRIPARTITE FORUMS FOR THE SETTLEMENT OF DISPUTES οƒ˜ DEVELOPMENT OF INDUSTRIAL DEMOCRACY o ESTABLISHMENT OF THE SHOP COUNCILS, & JOINT MANAGEMENT COUNCILS AT THE FLOOR & PLANT LEVEL o RECOGNITION OF HUMAN RIGHTS IN INDUSTRY o INCREASE IN LABOUR PRODUCTIVITY o THE AVAILABILITY OF PROPER WORK ENVIRONMENT COMPONENTS OF IR SYSTEM οƒ˜ AN IR SYSTEM IS MADE UP OF THREE ACTORS o EMPLOYER o UNION o GOVERNMENT οƒ˜ THESE ACTORS JOINTLY DETERMINE THE OUTPUT OF THE SYSTEM, WHICH LARGELY CONSISTS OF RULES / REGULATIONS RELATING TO TERMS & CONDITIONS OF EMPLOYMENT ROLE OF THESE ACTORS: οƒ˜ WORKERS & THEIR ORGANIZATION: o THE RELATIONS BETWEEN THE WORKERS IS IMPERSONAL & DEHUMANISED o WORK IN ALIENATED MONOTONOUS UNHYGIENIC WORK ENVIRONMENT o THEIR ACTIVITIES ARE REGULATED & CONTROLLED o THE UNION MAIN ACTIVITY BECOMES SAFEGUARDING WORKERS INTEREST BOTH WITHIN & OUTSIDE THE ORGANIZATION o THE UNION REPRESENTS & PROTECT THE INTERESTS OF THEIR MEMBERS THROUGH COLLECTIVE BARGAINING, & OFTEN THEY USE PRESSURE TACTICS OR THREATS OF STRIKES & GHERAOS οƒ˜ THE MANAGEMENT: o THEY ARE THE KEY ACTOR IN THE SYSTEM
    • o THE RELATIONSHIP BETWEEN THE PARTIES DEPENDS UPON THE LEADERSHIP STYLES EXHIBITED BY THE EMPLOYER WHICH COULD BE ANY ONE OF THE FOLLOWING:  EXPLOITATIVE AUTHORITATIVE  BENEVOLENT AUTHORITATIVE  CONSULTATIVE  PARTICIPATIVE οƒ˜ THE GOVERNMENT: o ACT AS JUDGE & REGULATOR o HAS VESTED INTEREST o MODEL EMPLOYER FACTORS AFFECTING IR: οƒ˜ INSTITUTIONAL o INCLUDES STATE POLICY, LABOUR LAWS, UNION, EMPLOYER’S ORGANIZATION οƒ˜ ECONOMIC o INCLUDES TYPE OF OWNERSHIP o NATURE & COMPOSITION OF WORKFORCE o SOURCE OF LABOUR SUPPLY o DISPARITY OF WAGES οƒ˜ SOCIAL o INCLUDES SOCIAL VALUES, CASTE, COMMUNITY οƒ˜ TECHNOLOGICAL o INCLUDES TYPES OF TECHNOLOGY o DEVELOPMENT OF NEW MACHINES οƒ˜ PSYCHOLOGICAL o INCLUDES OWNERS ATTITUDES, WORKERS ATTITUDES TOWARDS WORK, THEIR MOTIVATION, MORALE, INTEREST, οƒ˜ POLITICAL o INCLUDES SYSTEM OF GOVERNMENT, POLITICAL PHILOSOPHY, ATTITUDE OF GOVERNMENT, RULING ELITE & OPPOSITION TOWARDS LABOUR PROBLEMS οƒ˜ ENTERPRISE RELATED o INCLUDES STYLES OF MANAGEMENT, ITS PHILOSOPHY, VALUE SYSTEM, ORGANIZATIONAL CLIMATE, ORGANIZATIONAL HEALTH,
    • EXTENT OF COMPETITION, ADAPTABILITY TO CHANGE, & VARIOUS HRM POLICIES οƒ˜ GLOBAL o INCLUDES INTERNATIONAL RELATIONS, GLOBAL CONFLICTS, GLOBAL CULTURAL ISSUES, ECONOMIC & TRADING POLICIES, INTERNATIONAL TRADE AGREEMENTS & RELATIONS, INTERNATIONAL LABOUR AGREEMENTS PERSPECTIVE / APPROACHES TO IR οƒ˜ PSYCHOLOGICAL οƒ˜ SOCIOLOGICAL οƒ˜ HUMAN RELATIONS οƒ˜ SOCIO-ETHICAL οƒ˜ GANDHIAN οƒ˜ SYSTEM PSYCHOLOGICAL APPROACH: οƒ˜ THE PSYCHOLOGISTS VIEW PROBLEM OF IR IN PERCEPTION & THE ATTITUDE OF FOCAL PARTICIPANTS οƒ˜ THE GENERAL IMPRESSION ABOUT A PERSON IS RADICALLY DIFFERENT WHEN HE IS SEEN AS A REPRESENTATIVE OF MANAGEMENT FROM THAT OF THE PERSON AS REPRESENTATIVE OF LABOUR οƒ˜ THE MANAGEMENT & LABOUR SEE EACH OTHER AS LESS APPRECIATELY OF OTHER’S POSITION THAN OF ONESELF οƒ˜ THE MANAGEMENT & LABOUR SEE EACH OTHER AS LESS DEPENDABLE οƒ˜ THE MANAGEMENT & LABOUR SEE EACH OTHER AS DEFICIENT IN THINKING REGARDING EMOTIONAL CHARACTERISTICS & INTERPERSONAL RELATIONS
    • οƒ˜ IT IS FOR THIS REASON THAT ALMOST INVARIABLY SOME ASPECTS OF THE SITUATIONS ARE GLORIFIED, SOME SUPPRESSED OR TOTALLY DISTORTED BY THE INDIVIDUAL MAKING JUDGEMENTS IN THE ISSUE SOCIOLOGICAL APPROACH: οƒ˜ INDUSTRY IS A SOCIAL WORLD IN MINIATURE & THE WORKSHOP IS IN REALITY A COMMUNITY MADE UP OF VARIOUS INDIVIDUALS & GROUPS WITH DIFFERENCING PERSONALITIES, EDUCATIONAL BACKGROUND, FAMILY BREEDING, EMOTIONS LIKES & DISLIKES & A HOST OF OTHER PERSONAL FACTORS SUCH AS ATTITUDES & BEHAVIOURS οƒ˜ THESE DIFFERENCES IN INDIVIDUAL ATTITUDE & BEHAVIOURS CREATE PROBLEMS OF CONFLICT & COMPETITION AMONG THE MEMBERS OF AN INDUSTRIAL SOCIETY οƒ˜ IN ANALYSING IR THE ROLE OF SOCIAL CHANGE CANNOT BE OVERLOOKED. MANAGEMENT HAS BECOME PROFESSIONAL. DECISION-MAKING IS GETTING DECENTRALISED. THE PROFILE OF INDUSTRIAL WORKER HAS ALSO CHANGED. WORKERS ARE QUALIFIED. THERE IS SHIFT FROM MANUAL WORKING TO KNOWLEDGE BASED WORKING. THE ROLE OF STATE & POLITICAL PARTIES IS BEING REDEFINED. THE CHANGES IN SOCIAL ORDER, THE CONCEPT OF HAVES & HAVE NOTS ARE FAST CHANGING & IR IS PRIMARILY DETERMINED BY POWER HUMAN RELATIONS APPROACH οƒ˜ THIS IS ONE OF THE MOST DELICATE & TRICKY AREAS OF MANAGEMENT. IT DEALS WITH LIVE HUMAN BEINGS WHO HAVE EMOTIONS, PERCEPTION, AND ATTITUDE PERSONALITY. THESE CHARACTERISTICS MAKE THEM COMPLEX INDIVIDUALS & WHEN THEY INTERACT WITH OTHERS THEIR COMPLEXITY FURTHER MULTIPLIES. HENCE MANAGING THE DYNAMICS OF HUMAN BEHAVIOUR BOTH AT INDIVIDUAL & GROUP LEVEL POSE A BIGGEST CHALLENGE TO MANAGEMENT οƒ˜ THE VARIOUS HRM POLICIES INCLUDING THOSE RELATING TO LEADERSHIP & MOTIVATION HAS PROFOUND INFLUENCE ON PEOPLE’S WORK BEHAVIOUR SOCIO-ETHICAL APPROACH TO IR οƒ˜ THIS APPROACH HOLDS THAT IR BESIDES HAVING SOCIOLOGICAL BASE DOES HAVE SOME ETHICAL RAMIFICATIONS οƒ˜ IR CAN ONLY BE MAINTAINED WHEN BOTH THE LABOUR & MANAGEMENT REALIZE THEIR MORAL RESPONSIBILITY IN CONTRIBUTING TO THE SAID TASK
    • THROUGH MUTUAL COOPERATION & GREATEST UNDERSTANDING OF EACH OTHER’S PROBLEMS GANDHIAN APPROACH TO IR οƒ˜ IT IS BASED ON FUNDAMENTAL PRINCIPLES OF TRUTH, NON-VIOLENCE &NON- POSSESSION οƒ˜ FROM THESE PRINCIPLES EVOLVED THE CONCEPTS OF NON-COOPERATION & TRUSTEESHIP οƒ˜ THIS PHILOSOPHY PRESUMES THE PEACEFUL CO-EXISTENCE OF CAPITAL & LABOUR, WHICH CALLS FOR RESOLUTION OF CONFLICT BY NON-VIOLENCE & NON-COOPERATION THAT ACTUALLY AMOUNTS TO PEACEFUL STRIKES. οƒ˜ GANDHIJI ACCEPTED THE WORKER’S RIGHT TO STRIKE BUT FOR JUST CAUSE & IN PEACEFUL & NON-VIOLENT MANNER, & SHOULD BE RESORTED TO ONLY AFTER EMPLOYERS FAIL TO RESPOND TO THEIR MORAL APPEALS οƒ˜ THE PRINCIPLE OF TRUSTEESHIP HELD THE PRESENT CAPITALIST ORDER CAN BE TRANSFORMED INTO AN EGALITARIAN ONE. IT DOES NOT RECOGNIZE THE RIGHT TO PROPERTY EXCEPT TO THE EXTENT PERMITTED BY SOCIETY FOR ITS OWN WELFARE, THE INDIVIDUAL DOES NOT HAVE ANY RIGHT TO HOLD OR USE WEALTH IN DISREGARD OF THE INTEREST OF SOCIETY; & THE CHARACTER OF PRODUCTION IS TO BE DETERMINED BY SOCIAL NECESSITY RATHER THAN BY PERSONAL WHIMS OR GREED. THE CAPITALIST IS EXPECTED TO HOLD INDUSTRY IN TRUST FOR THE COMMUNITY, & WORKERS ARE EXPECTED TO BE CO-TRUSTEE ALONG WITH THE EMPLOYER SYSTEM APPROACH TO IR οƒ˜ THIS APPROACH FOCUSES ON ENVIRONMENTAL FORCE, PARTICIPANTS & OUTPUT ENVIRONMENTAL FORCES PARTICIPANTS IN THE OUTPUTS SYSTEM 1. MARKET OR 1. UNION – 1. RULES OF THE BUDGETARY MANAGEMENT WORKPLACE CONSTRAINTS 2. GOVERNMENT 2. TECHNOLOGY 3. DISTRIBUTION OF POWER IN SOCIETY
    • PREREQUISITES FOR SUCCESSFUL IR PROGRAMMES οƒ˜ TOP MANAGEMENT SUPPORT o SINCE IR IS A STAFF FUNCTION; IT WILL REQUIRE THE SUPPORT OF CEO; THEN ONLY IR CAN BE EFFECTIVE οƒ˜ DEVELOPING SOUND HRM & IR POLICIES o HRM & IR POLICIES SHOULD BE SO DESIGNED SO AS TO MAINTAIN GOOD IR IN AN O οƒ˜ DEVELOPING OF EFFECTIVE HRM & IR PRACTICES o PRACTICE SHOULD SUCH SO AS TO TRANSLATE VARIOUS POLICIES INTO ACTION οƒ˜ PROVISION OF ADEQUATE SUPERVISORY TRAINING o IN ORDER TO PUT PRACTICE THE POLICIES & PRACTICES INTO ACTION, THE LINE EMPLOYEES NEED TO TRAINED IN UNDERSTANDING THE VARIOUS HR & IR POLICIES & PRACTICES οƒ˜ FOLLOW UP OF RESULTS o NEVER TAKE ANY HR & IR POLICIES & PRACTICES FOR GRANTED. KEEP ON REVIEWING THE SAME; FOR EMPLOYEES HAVE UNIQUE METHODS OF EXPRESSING THEIR DISSATISFACTION WITH HR & IR POLICIES. EVOLUTION OF IR: INTRODUCTION: οƒ˜ LABOUR MANAGEMENT BECAME AN IMPORTANT SUBJECT OF STUDY ONLY WHEN LARGE AGGREGATIONS OF PEOPLE CAME TO WORK TOGETHER UNDER ONE ROOF IN AN ORGANIZATION. οƒ˜ THE VARIOUS STAGES THROUGH WHICH THE SYSTEM PROGRESSED WERE AS FOLLOWS:
    • o THE AGRARIAN ECONOMY STAGE o HANDICRAFT STAGE o COTTAGE OR PUTTING-OUT STAGE o FACTORY OR THE INDUSTRIAL CAPITAL STAGE THE AGRARIAN STAGE: οƒ˜ IN TRIBAL SOCIETY, PROPERTY WAS COMMON & COLLECTIVE ASSET OF THE GROUP. οƒ˜ IN MIDDLE AGES PROPERTY WAS VIEWED AS PERSONAL PROPERTY OF THE LANDLORD. οƒ˜ THIS GAVE RISE TO PROPERTIED INDIVIDUALS & PROPERTYLESS WORKERS. οƒ˜ THE EMPLOYEES WERE TREATED AS SLAVES. οƒ˜ THE EMPLOYER-EMPLOYEE RELATIONSHIP WAS THAT OF MASTER-SERVANT TYPE. οƒ˜ THE SLAVES WERE REQUIRED TO DO ALL TYPES OF WORK. AND IN TURN THE MASTER PAID THEM IN KIND [BASICS LIKES: FOOD / CLOTH / SHELTER] & NOT IN CASH. οƒ˜ THE GOVERNMENT DID NOT YIELD ANY POWER OVER THE EMPLOYMENT RELATIONSHIP THE HANDICRAFT STAGE: οƒ˜ HANDICRAFT SYSTEM GREW BECAUSE OF THE GROWTH OF TOWNS & CITIES, INCREASE IN TRADE & COMMERCE & A DECLINE IN THE POWER OF FEUDAL LORDS. οƒ˜ THIS SYSTEM INTRODUCED AN IMPORTANT INNOVATION IN THE CAREERS OF WORKERS, VIZ. MOVEMENT FROM EMPLOYEES TO EMPLOYERS. οƒ˜ THE WORKERS / CRAFTSMEN OWNED FACTORS OF PRODUCTION, WORKED WITH THEIR OWN TOOLS & WITHIN THE HELP OF THE MEMBERS OF THEIR FAMILY & OFTEN WORKED IN THEIR OWN HOMES / WORKSHOPS & PERFORMED THE HAND TASKS. οƒ˜ THEY SOLD THEIR PRODUCTS DIRECTLY TO THE CUSTOMERS. οƒ˜ SEPARATE CRAFTSMEN EXISTED FOR SEPARATE WORKS, LIKE: COBBLER, BLACKSMITH, CARPENTRY, POTTERY, CLOTH WEAVING ETC. οƒ˜ SOMETIMES THE MASTER CRAFTSMAN ALSO UNDERTOOK TO TEACH HIS CRAFT TO SOME YOUNG MEN. THESE ARTISANS BEGAN THEIR CAREERS AS APPRENTICES & WERE BOUND TO WORK FOR THE MASTER CRAFTSMAN FOR SPECIFIED PERIOD DURING WHICH THEY COULD LEARN THE CRAFT. THEY GOT NO WAGES. LODGING, BOARDING WERE PROVIDED.
    • οƒ˜ THESE ARTISANS AFTER THEIR TRAINING SETTLED AS INDEPENDENT JOURNEYMEN. οƒ˜ THE MASTER-CRAFTSMAN HELD THE HIGHEST STATUS IN THE SOCIETY FOR HE HAD THE SKILL & THE OWNERSHIP. THE JOURNEYMAN HELD THE SECOND POSITION IN THE SOCIETY ON ACCOUNT OF THEIR MOBILITY. THE APPRENTICE HELD THE LOW STATUS COTTAGE OR PUTTING-OUT STAGE: οƒ˜ HANDICRAFT SYSTEM CATERED ONLY TO THE LOCAL MARKET. THE JOURNEYMAN REALISED THE POTENTIAL OF MARKET. THEY UNDERTOOK TO BUY RAW MATERIALS & SUPPLY THESE AS WELL AS FINANCES TO THE CRAFTSMAN. THE CRAFTSMAN WORKED AT HIS HOME ALONG WITH THE MEMBERS OF HIS FAMILY. THEY WERE PAID ON A PIECE RATE BASIS FOR THE WORK οƒ˜ THE JOURNEYMAN KNEW THE DEMAND OF THE VARIOUS MARKETS. HE ALSO KNEW THE SUPPLIERS WELL. HE PROVIDED THE RAW MATERIALS & THE FINANCES & COLLECTED HIS COMMISSION IN THE PROCESS. FACTORY OR THE INDUSTRIAL CAPITALISM STAGE: οƒ˜ WITH THE PASSAGE OF TIME & GAINING EXPERIENCE, THE TRADER CAPITALIST REALISED THAT ECONOMIES IN PRODUCTION, MAINTAINING QUALITY, & DELIVERY TO THE CUSTOMER COULD BE ACHIEVED BY CENTRALIZATION. οƒ˜ HE INSTALLED MACHINERY, PROVIDED TOOLS, RAW MATERIAL & OFFERED EMPLOYMENT IN NEWLY BUILT WORKSHOPS OR FACTORIES. οƒ˜ THIS MADE IT EASY FOR HIM TO SUPERVISE. οƒ˜ WITH THE INVENTION & MANUFACTURING OF POWER DRIVEN MACHINERY THE PROCESS DEVELOPED FURTHER. IN COURSE OF TIME FACTORY SYSTEM CAME TO STAND ON SOUND FOOTING & MACHINES REPLACED HUMAN LABOUR. οƒ˜ IT GAVE RISE TO EMPLOYMENT OPPORTUNITIES FOR WOMEN & CHILDREN οƒ˜ WORK WAS SIMPLIFIED BY MACHINERY. SLOWLY THE WORKERS WERE REDUCED FROM SKILL TO MANUAL OPERATORS. οƒ˜ BY MEANS OF FACTORY SYSTEM, WORKERS WERE BROUGHT TOGETHER UNDER ONE ROOF, & STRICT DISCIPLINE WAS MAINTAINED. THE QUALITY & QUANTITY OF THE PRODUCT WAS GUARANTEED.
    • οƒ˜ THE EMPLOYER OWNED THE FACTORS OF PRODUCTION. THE DEMAND- SUPPLY OF PEOPLE DETERMINED THE WAGES. ONCE THE WAGES WERE PAID, THE EMPLOYER HAD NO OBLIGATION TOWARDS THE EMPLOYEES. οƒ˜ THE EMPLOYER PRODUCED GOODS WITH THE SOLE AIM OF SELLING THEM AT PROFITS, WHILE WORKERS WORKED TO SATISFY THEIR ECONOMICS NEEDS. PASSING OF FACTORIES ACT: οƒ˜ THE WORKERS WERE CONTINUED T BE EXPLOITED BY THE EMPLOYERS. THE GOVERNMENT WERE A SILENT SPECTATOR BECAUSE OF THEIR LAISSEZ- FRIAR POLICY. οƒ˜ WITH THE PASSING OF THE FACTORIES ACT IN 1881, THINGS STARTED IMPROVING. RESTRICTIONS WERE BROUGHT ON THE WORKING HOURS, EMPLOYMENT OF CHILDREN, WORKING CONDITIONS, ETC. οƒ˜ THE WORLD WAR I CREATED A BOOM FOR EMPLOYERS. WITH THE RISING PRICES, THEIR PROFITS WENT UP ENORMOUSLY. THE WAGES OF THE WORKERS DID NOT KEEP IN PACE WITH THE RISE IN COST OF LIVING. THE WORKERS RESORTED TO STRIKES. οƒ˜ DURING THE WORLD WAR II, THE EMPLOYERS AGAIN MADE ENORMOUS PROFITS. THE WORKERS DEMANDED A SHARE IN IT. BONUS & DEARNESS ALLOWANCE WAS GRANTED TO THEM. THE MONEY WAGES DID NOT KEEP IN PACE WITH RISE IN COST OF LIVING. GOVERNMENT TRIED PROHIBITION OF STRIKES UNDER THE EMERGENCY RULES. IT PROVIDED FOR THE ADJUDICATION OF DISPUTES INDEPENDENCE & AFTER: οƒ˜ IMMEDIATELY AFTER THE INDEPENDENCE, IN THE INTEREST OF THE NATIONAL ECONOMY, IT WAS CONSIDERED TO PUT A STOP TO STRIKES / LOCKOUTS & HAVE UNINTERRUPTED PRODUCTION. οƒ˜ IN THE YEAR 1948 THE FOLLOWING LAWS WERE ENACTED: o THE FACTORIES ACT o THE MINIMUM WAGES ACT o THE EMPLOYEE STATE INSURANCE ACT οƒ˜ IT HAS ALWAYS BEEN A SHOW OF STRENGTH BETWEEN EMPLOYER & EMPLOYEE. οƒ˜ THE GOVERNMENT FOLLOWED CLOSED ECONOMY POLICY. THE CUSTOMER / CONSUMER SUFFERED FOR THEY HAD NO CHOICES.
    • οƒ˜ THE EMPLOYER & EMPLOYEE CONTINUED TO HOLD THE CUSTOMER TO RANSOM. AFTER 1991 οƒ˜ WITH LIBERALISATION POLICY, THE THINGS LOOKED DIFFERENT. BOTH THE EMPLOYER & EMPLOYEE REALIZED THAT THEY COULD NOT TAKE THE CUSTOMER FOR GRANTED. FOR THE CUSTOMER HAD A CHOICE. THE INDIAN ECONOMY WAS THROWN OPEN TO INTERNATIONAL PLAYERS. THE UNION STARTED LOOSING ITS BARGAINING STRENGTH BECAUSE OF OUTSOURCING POLICY. MORE & MORE KNOWLEDGEABLE WORKERS REPLACED MANUAL WORKERS. OPPORTUNITIES INCREASED. THE SERVICE SECTOR BOOMED. OPPORTUNITIES TO WORK ABROAD & EARN A GOOD SALARY BECAME THE DREAM OF ALL THE EMPLOYEES. CHARACTERISTICS OF INDIAN IR SYSTEM: οƒ˜ EMPLOYER IN RETROSPECT & HISTORICALLY USED TO CONSIDER TRADE UNION AS NECESSARY EVIL OF THE INDUSTRIAL SYSTEM οƒ˜ THE TRADE UNION PERCEIVE THEIR MAIN TASK IS TO CHALLENGE & OPPOSE DECISIONS OF EMPLOYER οƒ˜ TRADE UNIONS ARE POORLY ORGANIZED IN THE COUNTRY οƒ˜ THE PARTIES ARE LARGELY IN DISAGREEMENT OVER THE SCOPE OF COLLECTIVE BARGAINING & VARIOUS ISSUES TO THEIR NEGOTIATION PROCESS. οƒ˜ BARGAINING BETWEEN EMPLOYERS & UNIONS IS VERY MUCH CENTRALIZED. οƒ˜ THE EMPLOYERS ARE HIGHLY ORGANIZED. οƒ˜ INDIAN UNIONS ARE HIGHLY CONSERVATIVE MACHINERY FOR SETTLEMENT OF DISPUTES INTRODUCTION:
    • οƒ˜ THE FOLLOWING ARE THE AUTHORITIES ESTABLISHED UNDER THE IDA 1947 FOR SETTLEMENT OF DISPUTES o WORKS COMMITTEE o CONCILIATION OFFICER o BOARD OF CONCILIATION o COURTS OF ENQUIRY o LABOUR COURTS o TRIBUNALS o NATIONAL TRIBUNAL οƒ˜ WORKS COMMITTEE o CONSTITUTION:  CONSTITUTED BY THE EMPLOYER AT THE INSTANCE OF THE APPROPRIATE GOVERNMENT  EMPLOYER HAS TO CONSTITUTE IN CASE EMPLOYS 100 OR MORE WORKMEN IN HIS INDUSTRIAL ESTABLISHMENT  IT WILL CONSIST OF REPRESENTATIVES OF WORKMEN & EMPLOYER  THE REPRESENTATIVES SHALL BE OF EQUAL NUMBERS  IF THE INDUSTRIAL ESTABLISHMENT HAS A RECOGNISED TRADE UNION, THEN IT SHALL APPOINT IT NOMINEE TO THE COMMITTEE o DUTY:  PROMOTE MEASURES FOR SECURING & PRESERVING AMITY & GOOD RELATIONS BETWEEN EMPLOYER & WORKMEN  COMMENT UPON MATTERS OF THEIR COMMON INTEREST OR CONCERN; & ENDEAVOUR TO COMPOSE ANY DIFFERENCE OF OPINION IN RESPECT OF SUCH MATTERS οƒ˜ CONCILIATION OFFICERS o CONSTITUTION:  APPOINTED BY APPROPRIATE GOVERNMENT [AG] BY NOTIFICATION IN THE OFFICIAL GAZETTE  THE NUMBER OF PERSONS TO BE APPOINTED IS AT THE DISCRETION OF THE AG
    •  APPOINTED FOR SPECIFIED AREAS OR FOR SPECIFIED INDUSTRIES IN SPECIFIED AREA OR FOR ONE OR MORE SPECIFIED INDUSTRIES  APPOINTMENT COULD BE PERMANENT, OR FOR LIMITED PERIOD o DUTY:  MEDIATE & PROMOTE THE SETTLEMENT OF INDUSTRIAL DISPUTES οƒ˜ BOARD OF CONCILIATION: o CONSTITUTION:  CONSTITUTED BY AG BY NOTIFICATION IN THE OFFICIAL GAZETTE  IT SHALL CONSIST OF A CHAIRMAN, & EVEN NUMBER OF MEMBERS. CHAIRMAN IS AN INDEPENDENT PERSON. WHILE THE MEMBERS REPRESENT THE PARTIES TO DISPUTE  CHAIRMAN IS APPOINTED BY THE AG; WHILE THE MEMBERS ARE APPOINTED AT THE RECOMMENDATION OF THE PARTY TO THE DISPUTE  THE BOARD SHALL NOT ACT IN THE ABSENCE OF THE CHAIRMAN o DUTY:  MEDIATE & PROMOTE THE SETTLEMENT OF INDUSTRIAL DISPUTES  IF THE PARTY FAILS TO MAKE RECOMMENDATIONS WITHIN IT οƒ˜ COURTS OF ENQUIRY: o CONSTITUTION:  CONSTITUTED BY THE AG BY NOTIFICATION IN THE OFFICIAL GAZETTE  THE COURT MAY CONSIST OF ONE MEMBER OR MORE THAN ONE MEMBER. IF MORE THAN ONE MEMBER, THEN ONE OF THEM WILL BECOME THE CHAIRMAN. THE REST OF THE MEMBERS WILL BE EVEN NUMBERS o DUTY:  ENQUIRE INTO ANY MATTER APPEARING TO BE CONNECTED WITH RELEVANT TO AN INDUSTRIAL DISPUTE οƒ˜ LABOUR COURTS: o CONSTITUTION:
    •  CONSTITUTED BY THE AG BY NOTIFICATION IN THE OFFICIAL GAZETTE  ONE OR MORE LABOUR COURTS MAY BE CONSTITUTED  A LABOUR COURT SHALL CONSIST OF ONE PERSON. HE IS APPOINTED BY THE AG BY NOTIFICATION IN THE OFFICIAL GAZETTE o DUTY:  ADJUDICATE INDUSTRIAL DISPUTE  THE SUBJECT MATTER OF THE INDUSTRIAL DISPUTE IS SPECIFIED IN SECOND SCHEDULE OF THE SAID ACT οƒ˜ TRIBUNALS: o CONSTITUTION:  CONSTITUTED BY THE AG BY NOTIFICATION IN THE OFFICIAL GAZETTE  ONE OR MORE TRIBUNALS MAY BE CONSTITUTED  A TRIBUNAL SHALL CONSIST OF ONE PERSON. HE IS APPOINTED BY THE AG BY NOTIFICATION IN THE OFFICIAL GAZETTE  THE AG MAY APPOINT TWO PERSONS AS ASSESSORS TO ADVISE THE TRIBUNAL IN THE PROCEEDING BEFORE IT o DUTY:  ADJUDICATE INDUSTRIAL DISPUTES  THE SUBJECT MATTER OF INDUSTRIAL DISPUTE MAY BE SPECIFIED IN SECOND OR THIRD SCHEDULE OF THE SAID ACT οƒ˜ NATIONAL TRIBUNAL: o CONSTITUTION:  CONSTITUTED BY CENTRAL GOVERNMENT BY NOTIFICATION IN THE OFFICIAL GAZETTE  CAN HAVE ONE OR MORE NATIONAL TRIBUNAL  IT SHALL CONSIST OF ONE MEMBER. HE IS APPOINTED BY THE CENTRAL GOVERNMENT
    •  THE CENTRAL GOVERNMENT MAY APPOINT TWO PERSON AS ASSESSORS TO ADVISE THE NATIONAL TRIBUNAL IN THE PROCEEDING BEFORE IT o DUTY:  ADJUDICATE INDUSTRIAL DISPUTES WHICH IN THE OPINION OF THE CENTRAL GOVERNMENT INVOLVE QUESTIONS OF NATIONAL IMPORTANCE OR OF SUCH A NATURE THAT INDUSTRIAL ESTABLISHMENT SITUATED IN MORE THAN ONE STATE ARE LIKELY TO BE INTERESTED IN OR AFFECTED BY SUCH DISPUTES REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS REFERENCE OF DISPUTES TO BOARDS, COURTS, OR TRIBUNALS οƒ˜ WHEN AN INDUSTRIAL DISPUTES EXISTS OR IT IS APPREHENDED BY AG, THEN THE DISPUTE IS REFERRED IN WRITING οƒ˜ REFERENCES DONE BY AG TO EITHER OF THE AUTHORITIES: οƒ˜ PARTIES TO THE INDUSTRIAL DISPUTES CAN ALSO APPLY IN THE PRESCRIBED MANNER FOR REFERENCE OF THE DISPUTE TO THE APPROPRIATE AUTHORITIES οƒ˜ THE APPLICATION CAN BE MADE JOINTLY. οƒ˜ IF THE APPLICATION IS MADE BY THE UNION, THEN IT SHOULD BE THE RECOGNISED UNION οƒ˜ IN THE ORDER OF REFERENCE; TO THE LC / T / NT THE AG SHALL SPECIFY THE PERIOD BY WHICH THE AWARD SHALL BE SUBMITTED. IF THE ID IS CONCERNED WITH AN INDIVIDUAL WORKMAN THEN THE AWARD SHALL BE SUBMITTED WITHIN THREE MONTHS OF REFERENCE οƒ˜ NO PROCEEDING BEFORE THE LC / T / NT SHALL LAPSE JUST BECAUSE THE PERIOD WITHIN WHICH THE AWARD HAS TO BE GIVEN HAS EXPIRED. THE PROCEEDING SHOULD BE COMPLETED οƒ˜ ONCE THE REFERENCE ORDER HA BEEN MADE SHALL ALSO BY ORDER PROHIBIT THE CONTINUANCE OF STRIKE OR LOCK OUT IN CONNECTION WITH SUCH DISPUTE οƒ˜ THE AUTHORITIES CONCERNED SHALL GIVE THEIR AWARD RELATED TO THOSE POINTS & MATTERS INCIDENTAL THERETO οƒ˜ IF REFERENCE HAS BEEN MADE TO NT THEN LC / T HAS NO AUTHORITY TO ADJUDICATE ON SUCH MATTERS
    • οƒ˜ REFERENCES HALL NOT LAPSE MERELY ON THE GROUND THAT EITHER OF THE PARTY TO THE DISPUTE HAS EXPIRED VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION: οƒ˜ INSTEAD OF REFERRING THE MATTER TO THE AUTHORITIES SPECIFIED UNDER THE ACT, BOTH THE PARTIES CAN REFER THE MATTER TO ARBITRATION IN WRITING & IN A PRESCRIBED MANNER οƒ˜ IT SHOULD DO SO BEFORE THE AG REFERS THE MATTER TO THE CONCERNED AUTHORITIES οƒ˜ THE ARBITRATOR SHOULD BE JOINTLY AGREED UPON οƒ˜ A COPY OF THE ARBITRATION AGREEMENT SHALL BE SENT TO THE AG; WHICH WILL PUBLISHED IN THE OG οƒ˜ THE UNION MAKING THE APPLICATION SHALL BE THE RECOGNISED UNION οƒ˜ ONCE THE MATTER HAS BEEN REFERRED TO ARBITRATION; THEN THE AG BY ORDER IN WRITING PROHIBIT THE CONTINUANCE OF ANY STRIKE OR LOCK OUT IN CONNECTION WITH SUCH DISPUTE οƒ˜ THE ARBITRATION ACT 1940 SHALL NOT APPLY TO ARBITRATION UNDER THIS SECTION PROCEDURE, POWERS & DUTIES OF AUTHORITIES οƒ˜ THE AUTHORITIES SHALL SUCH PROCEDURE WHICH HAS BEEN MADE IN THIS BEHALF POWERS: οƒ˜ THE AUTHORITIES CAN ENTER THE PREMISES TO WHICH THE DISPUTE RELATES οƒ˜ THE AUTHORITIES CAN ENFORCE ATTENDANCE OF PERSONS CONCERNED WITH DISPUTE οƒ˜ EXAMINE SUCH PERSONS UNDER OATH οƒ˜ COMPEL THE PRODUCTION OF DOCUMENTS & MATERIAL OBJECTS οƒ˜ SUMMON WITNESSES FOR EXAMINATION PURPOSES οƒ˜ ALL AUTHORITIES UNDER THE ACT ARE DEEMED TO BE PUBLIC SERVANT POWERS OF LC / T / NT οƒ˜ IF THE SUBJECT MATTER IS OF TERMINATION OF A WORKMAN, & THE AUTHORITIES ARE SATISFIED THAT THE ORDER OF TERMINATION IS NOT JUSTIFIED, THE IT MAY SET ASIDE THE ORDER OF TERMINATION & DIRECT REINSTATEMENT ON SUCH TERMS & CONDITIONS AS IT THINKS FIT; OR GIVE LESSER PUNISHMENT
    • οƒ˜ THE AUTHORITIES SHALL RELY ON THE MATERIALS ON RECORD; & SHALL NOT RELY ANY FRESH EVIDENCE IN RELATION TO THE MATTER DUTIES OF CO οƒ˜ HOLD CONCILIATION PROCEEDINGS IN A PRESCRIBED MANNER οƒ˜ INVESTIGATE THE DISPUTE οƒ˜ INDUCE PARTIES TO COME TO A FAIR & AMICABLE SETTLEMENT OF THE DISPUTE οƒ˜ IF SETTLEMENT IS ARRIVED AT, THEN SEND A REPORT TO THE AG, ALONG WITH A COPY OF THE SETTLEMENT οƒ˜ IF NO SETTLEMENT IS ARRIVE THEN SUBMIT A FAILURE REPORT TO THE AG ALONG WITH REASONS AS TO WHY NO SETTLEMENT COULD BE ARRIVED AT οƒ˜ THE CO SHALL SUBMIT THE REPORT WITHIN 14 DAYS OF COMMENCEMENT OF THE CONCILIATION PROCEEDING οƒ˜ ON RECEIPT OF FAILURE REPORT IF THE AG IS SATISFIED THAT THERE IS A CASE OF REFERENCE TO BOARD, LC / T / NT; THEN IT SHALL MAKE SUCH REFERENCE. IT SHALL RECORD & COMMUNICATE TO THE PARTIES THE REASONS FOR DOING SO DUTIES BOARD: οƒ˜ INVESTIGATE THE DISPUTE οƒ˜ ENDEAVOUR TO BRING ABOUT A SETTLEMENT AMONG THE PARTIES οƒ˜ INDUCE THE PARTIES TO COME TO AN AMICABLE SETTLEMENT οƒ˜ IF NO SETTLEMENT IS ARRIVED THEN SUBMIT A FAILURE REPORT TO THE AG, ALONG ITH REASONS AS TO WHY SETTLEMENT COULD NOT BE ARRIVED AT οƒ˜ THE BOARD SHALL SUBMIT ITS REPORT WITHIN TWO MONTHS FROM THE DATE OF REFERENCE οƒ˜ ON RECEIPT OF FAILURE REPORT IF THE AG IS SATISFIED THAT THERE IS A CASE OF REFERENCE TO BOARD, LC / T / NT; THEN IT SHALL MAKE SUCH REFERENCE. IT SHALL RECORD & COMMUNICATE TO THE PARTIES THE REASONS FOR DOING SO DUTIES OF COURT
    • οƒ˜ INQUIRE INTO THE MATTER REFERRED TO IT οƒ˜ GIVE ITS AWARD WITHIN SIX MONTHS FROM THE DATE THE MATTER HAS BEEN REFERRED TO IT PUBLICATION OF REPORTS & AWARDS οƒ˜ WITHIN THIRTY DAYS FROM RECEIPT OF THE REPORT FROM THE ABOVE SAID AUTHORITIES, THE AG SHALL PUBLISH THE REPORT οƒ˜ THE AWARD SO PUBLISHED IS FINAL, & CANNOT BE CHALLENGED IN ANY COURT OF LAW COMMENCEMENT OF THE AWARD οƒ˜ THE AWARD SHALL BECOME ENFORCEABLE ON EXPIRY OF THIRTY DAYS FROM DATE OF PUBLICATION οƒ˜ IF THE AG IS OF THE OPINION THAT ON PUBLIC GROUNDS AFFECTING NATIONAL ECONOMY OR SOCIAL JUSTICE TO GIVE EFFECT TO THE WHOLE OR ANY PART OF THE AWARD THE AG MAY BY NOTIFICATION IN THE OG DECLARE THAT THE AWARD SHALL NOT BE ENFORCEABLE ON THE EXPIRY OF THIRTY DAY οƒ˜ IF THE LC / T / NT ORDERS REINSTATEMENT OF A TERMINATED WORKMAN, & THE EMPLOYER PREFERS TO CHALLENGE SUCH AWARD IN HC / SC CAN DO SO. BUT SHALL BE LIABLE TO PAY FULL WAGES TO SUCH WORKMAN AS IF HE IS ON DUTY PERSONS TO WHOM SETTLEMENT & AWARDS ARE BINDING: οƒ˜ A SETTLEMENT ARRIVED BETWEEN THE PARTIES SHALL BE BINDING ON THE PARTIES TO THE AGREEMENT οƒ˜ IF SETTLEMENT IS ARRIVED IN THE COURSE OF CONCILIATION PROCEEDINGS, THE AWARD OF LC / T / NT OR AN ARBITRATION AWARD SHALL BE BINDING ON ALL PARTIES TO THE ID INCLUDING THE PRESENT & FUTURE EMPLOYEES WHO WILL JOIN THE O. IT SHALL BE APPLICABLE TO THE EMPLOYER’ HEIRS, SUCCESSORS OR ASSIGN IN RESPECT OF THE ESTABLISHMENT TO WHICH THE DISPUTE RELATES PERIOD OF OPERATION OF SETTLEMENTS & AWARDS οƒ˜ SETTLEMENT SHALL COME INTO OPERATION FROM THE DATE AS IS AGREED UPON & IF NO DATE HAS BEEN AGREED UPON THEN FROM THE DATE OF SIGNING OF THE MEMORANDUM OF SETTLEMENT
    • οƒ˜ SUCH SETTLEMENT SHALL BE BINDING FOR SUCH PERIODS AS IS AGREED UPON BY THE PARTIES, & IF SUCH PERIOD IS AGREED UPON THEN FOR A PERIOD OF SIX MONTHS FROM THE DATE OF SIGNING THE MEMORANDUM OF SETTLEMENT. IT SHALL CONTINUE TO APPLY AFTER THE EXPIRY OF THE AID PERIOD UNTIL EITHER PARTY DECIDES TO TERMINATE THE SETTLEMENT. IF ONCE THE NOTICE OF TERMINATION HAS BEEN GIVEN THEN ON EXPIRY OF TWO MONTHS FROM THE DATE ON WHICH NOTICE HAS BEEN GIVEN οƒ˜ AN AWARD SHALL BE IN OPERATION FOR A PERIOD OF ONE YEAR. THE AG MAY EXTEND THE PERIOD OF THE AWARD FOR MORE THAN ONE YEAR; BUT UNDER NO CIRCUMSTANCES SHALL IT EXTEND IT BEYOND THREE YEARS. THE AWARD SHALL CONTINUE TO APPLY AFTER EXPIRY OF THREE YEARS, TILL EITHER PARTY GIVES A NOTICE OF TERMINATION IN WRITING COMMENCEMENT & CONCLUSION OF PROCEEDINGS οƒ˜ A CONCILIATION PROCEEDING SHALL BE DEEMED TO HAVE COMMENCED ON THE DATE ON WHICH NOTICE OF STRIKE OR LOCKOUT IS RECEIVED BY CONCILIATION OFFICER OR FROM THE DATE OF THE ORDER REFERRING THE DISPUTE TO THE BOARD οƒ˜ A CONCILIATION PROCEEDING SHALL BE DEEMED TO HAVE CONCLUDED: o ON ARRIVAL OF SETTLEMENT o WHEN MEMORANDUM OF SETTLEMENT HAS BEEN SIGNED o IF NO SETTLEMENT HAS BEEN AT, THE FROM THE DATE OF FAILURE REPORT RECEIVED BY THE AG o DATE OF PUBLICATION OF THE BOARD REPORT o REFERENCE I MADE TO COURT DURING THE PENDENCY OF THE CONCILIATION PROCEEDING o PROCEEDING BEFORE LC / T / NT / A SHALL BE DEEMED TO HAVE COMMENCED ON THE DATE OF THE REFERENCE. AND SUCH PROCEEDINGS SHALL BE DEEMED TO HAVE CONCLUDED FROM THE DATE THE AWARD BECOMES ENFORCEABLE
    • COLLECTIVE BARGAINING [CB] INTRODUCTION: οƒ˜ AVERY IMPORTANT TOOL IN CONFLICT RESOLUTION. IT BUILDS UP A SAFETY VALVE οƒ˜ THE WORD COLLECTIVE DENOTE THAT IT IS A GROUP ACTION; & THE WORD BARGAINING DENOTES NEGOTIATION οƒ˜ IT OPERATES ON THE PRINCIPLE OF: β€œGIVE & TAKE” οƒ˜ IT IS DYNAMIC & NOT A STATIC CONCEPT MAIN FEATURES OF CB: οƒ˜ IT IS A GROUP ACTION A OPPOSED TO INDIVIDUAL ACTION οƒ˜ IT IS INITIATED THROUGH THE REPRESENTATIVES OF WORKERS οƒ˜ IT IS FLEXIBLE & MOBILE & NOT FIXED OR RIGID οƒ˜ IT IS TWO PARTY PROCESS οƒ˜ IT IS CONTINUOUS PROCESS οƒ˜ IT IS DYNAMIC & NOT STATIC οƒ˜ IT IS INDUSTRIAL DEMOCRACY AT WORK οƒ˜ IT IS A COMPLIMENTARY & NOT A COMPETITIVE PROCESS IMPORTANCE OF CB οƒ˜ INCREASES THE ECONOMIC STRENGTH OF BOTH THE PARTIES οƒ˜ ESTABLISHES UNIFORM CONDITIONS OF EMPLOYMENT WITH A VIEW TO AVOID INDUSTRIAL DISPUTES & MAINTAIN STABLE PEACE οƒ˜ SECURE A PROMPT A FAIR REDRESSAL OF GRIEVANCES οƒ˜ AVOID INTERRUPTIONS IN WORK LIKE STRIKE, GO LOW TACTICS οƒ˜ LAY DOWN FAIR RATES OF WAGES & NORMS OF WORKING CONDITIONS οƒ˜ ACHIEVES AN EFFICIENT OPERATION OF THE PLANT οƒ˜ PROMOTES STABILITY & PROSPERITY OF THE INDUSTRY FUNCTIONS OF CB: οƒ˜ IT I A PROCESS OF SOCIAL CHANGE οƒ˜ IT IS A PEACE TREATY οƒ˜ IT IS SYSTEM OF INDUSTRIAL JURISPRUDENCE
    • PROCESS OF SOCIAL CHANGE: οƒ˜ IT BRINGS ABOUT RE-ARRANGEMENT IN THE POWER HIERARCHY OF COMPETING GROUP οƒ˜ IT IS A SOURCE OF STABILITY IN A CHANGING ENVIRONMENT. THE WAGE EARNERS ENHANCE THEIR SOCIAL & ECONOMIC POSITION, IN ABSOLUTE TERMS & RELATION TO OTHER GROUP. AND AT THE SAME TIME, THE MANAGEMENT HA RETAINED A LARGE MEASURE OF POWER & DIGNITY. THIS CHANGE COMES GRADUALLY, WITH EACH CLASH BETWEEN THE OPPOSING PARTIES SETTLED WITH A NEW COMPROMISE SOMEWHAT DIFFERENT FROM THE PREVIOUS SETTLEMENT PEACE TREATY: οƒ˜ IT IS PEACE TREATY BETWEEN TWO PARTIES IN CONTINUAL CONFLICT οƒ˜ HOWEVER THE SETTLEMENT BETWEEN BOTH PARTIES IS A COMPROMISE; A TEMPORARY TRUCE ARRIVED AT BETWEEN BOTH PARTIES INDUSTRIAL JURISPRUDENCE οƒ˜ IT IS A METHOD OF INTRODUCING CIVIL RIGHTS INTO AN INDUSTRY οƒ˜ IT IS RULE MAKING OR LEGISLATIVE PROCESS; WHEREIN BOTH THE PARTIES AGREE TO COOPERATE WITH EACH OTHER οƒ˜ IT IS AN EXECUTIVE PROCESS. BOTH MANAGEMENT & TRADE UNISONS AGREE TO SHARE THE RESPONSIBILITY OF ENFORCING THE RULES οƒ˜ IT I JUDICIAL PROCESS. IN THE AGREEMENT THERE IS A PROVISION FOR THE INTERPRETATION OF THE AGREEMENT. IF THERE IN PROVISION TO THAT EFFECT, TH SAME IS SETTLED ACCORDING TO THE UNWRITTEN LIFE OF SHOP PRACTICES. THE DECISIONS IN THESE CASES ACT AS PRECEDENTS IN A MANNER SIMILAR TO THE INTERPRETATION OF LEGISLATION BY THE COURT PRINCIPLES OF CB οƒ˜ FOR UNION & MANAGEMENT o IT SHOULD BE BOTH AN EDUCATIONAL & BARGAINING PROCESS o MEANS OF FINDING BEST POSSIBLE SOLUTION
    • o COMMAND RESPECT OF EACH OTHER. HAVE ENOUGH BARGAINING POWER TO ENFORCE THE TERMS OF AGREEMENT THAT MAY BE ARRIVED AT o HAVE FAITH & CONFIDENCE IN EACH OTHER. o DESIRE TO MAKE CB EFFECTIVE IN PRACTICE o THE LEADERSHIP SHOULD BE HONEST, ABLE, & RESPONSIBLE o ABIDE BY THE NATIONAL / STATE LAWS οƒ˜ FOR MANAGEMENT: o FOLLOWS REALISTIC LABOUR POLICY o RECOGNISE THE UNION WHICH HAS THE LARGEST MEMBERSHIP OF EMPLOYEES o DO NOT TAKE FOR GRANTED THE EXISTENCE OF GOODWILL OF THE EMPLOYEES o ESTABLISH SATISFACTORY RELATIONSHIP WITH THE UNION o BE PROACTIVE TO THE GRIEVANCES OF THE EMPLOYEES o WHILE NEGOTIATING EMPHASIZE ON SOCIAL CONSIDERATION οƒ˜ FOR TRADE UNION: o AVOID UNDEMOCRATIC PRACTICE o ASSIST THE MANAGEMENT IN ELIMINATION OF WASTE, & IMPROVE THE QUALITY & QUANTITY OF PRODUCTION o UNDERSTAND THE ECONOMIC IMPLICATIONS OF CB o RESORT TO STRIKE AS A LAST MEASURE CONTENT & COVERAGE OF A CB AGREEMENT οƒ˜ THE FOLLOWING FACTS SHOULD BE INCLUDED IN A COLLECTIVE AGREEMENT o THE PURPOSE, SCOPE & IMPORTANT DEFINITION OF THE AGREEMENT o THE RIGHTS & RESPONSIBILITIES OF BOTH THE PARTIES o WAGES, BONUS, PRODUCTION NORMS, LEAVE, RETIRING BENEFITS & OTHER BENEFITS & TERMS & CONDITION OF SERVICE o GRIEVANCE RE-DRESSAL PROCEDURE o METHOD OF & MACHINERY FOR THE SETTLEMENT OF POSSIBLE FUTURE DISPUTES o TERMINATION CLAUSE
    • FORMS OF CB: οƒ˜ THERE ARE FOUR CATEGORIES: o AGREEMENTS WHICH ARE NEGOTIATED BY THE PARTIES WITHOUT THE INVOLVEMENT OF THE THIRD PARTIES [GOVERNMENT] o AGREEMENTS WHICH ARE NEGOTIATED DURING THE COURSE OF CONCILIATION PROCEEDING o AGREEMENTS WHICH ARE ARRIVED BETWEEN PARTIES, BUT SIGNED BEFORE THE CONCILIATION OFFICER o AWARDS GIVEN BY THE COURT PROCESS OF NEGOTIATION DURING BARGAINING οƒ˜ THERE ARE TWO STAGES IN CB: o THE NEGOTIATION STAGE o THE STAGE OF CONTRACT ADMINISTRATION THE NEGOTIATION STAGE: οƒ˜ PREPARATION FOR NEGOTIATION: o NEGOTIATION MAY COMMENCE AT THE INSTANCE OF EITHER PARTY o IT IS COLLECTION OF DATA ON THE VARIOUS SUBJECT MATTER OF DEMANDS o STUDYING THE IMPLICATIONS OF THE DEMANDS IN MONETARY TERMS οƒ˜ NEGOTIATION TECHNIQUE: o NEGOTIATION DONE BY REPRESENTATIVES FROM BOTH SIDES o NORMALLY EACH SIDE WILL HAVE FIVE MEMBERS o THE MEMBERS SHOULD HAVE AUTHORITY TO COME TO AN UNDERSTANDING o THE FOLLOWING PROCEDURE SHOULD BE FOLLOWED:  INTRODUCE EVERYBODY  LISTEN  KNOW THE PERSONAL HISTORY OF EACH MEMBER  DO WHAT IS RIGHT & FAIR  THINK RATHER THAN FEEL THROUGH A PROBLEM  DON’T HURRY  DON’T LET NEGOTIATION REACH A STAGE OF STALEMATE  DEFINE EACH ISSUE CLEARLY, & DISCUSS IT IN THE LIGHT OF THE FACTS AVAILABLE  DO NOT INSERT SPECIFIC REGULATION IN THE CONTRACT TO ENSURE GRATER FLEXIBILITY
    •  PUT IT DOWN IN WRITING WHATEVER HAS BEEN AGREED UPON  WHILE NEGOTIATING DO NOT RESORT TO UNFAIR MEANS  DO NOT USE THE SERVICES OF LAWYERS FOR NEGOTIATION οƒ˜ FOLLOW UP ACTION: o THE AGREEMENT WHICH HAS BEEN ARRIVED SHOULD BE PRINTED & CIRCULATED TO ALL THE EMPLOYEES o EXPLAIN THE CLAUSE OF THE AGREEMENTS TO ALL THE MANAGEMENT STAFF, O THAT THEY CAN EFFECTIVELY IMPLEMENT THE AGREEMENT CONTRACT ADMINISTRATION: οƒ˜ CONTRACT SHOULD BE SIGNED BY BOTH THE PARTIES οƒ˜ HONOUR IT LETTER & SPIRIT οƒ˜ RESOLVE THE DIFFERENCES GENUINELY THE ATTITUDES OF THE PARTIES: οƒ˜ THE FOLLOWING FACTORS INFLUENCE THE DECISION MAKING PROCESS IN CB o ECONOMIC FACTORS  INCLUDES FACTORS LIKE NATURE OF THE PRODUCT / MARKET, CAPITAL REQUIREMENTS, COST CONDITIONS, TYPE OF OWNERSHIP & BUSINESS CYCLE  BOTH THE PARTIES SHOULD NEGOTIATE FROM THEIR STRENGTH RATHER THAN FROM THEIR WEAKNESS o PSYCHOLOGICAL FACTORS  DETERMINED BY THE ATTITUDE OF MANAGEMENT & TRADE UNION o FACTORS INFLUENCING THE POWER STRUCTURE  CAPACITY OF EACH PARTY EITHER TO STOP WORK OR CLOSE DOWN THE OPERATION  THE FIGHTING POWER DEPENDS UPON THE FINANCIAL CONDITION OF BOTH THE PARTY PREREQUISITES OF SUCCESSFUL CB οƒ˜ CHANGE IN THE ATTITUDES OF BOTH PARTIES οƒ˜ ENTER INTO NEGOTIATION WITH AN INTENTION OF ARRIVING AT A SETTLEMENT
    • οƒ˜ NEGOTIATE ON ACTS & FIGURES οƒ˜ AVOID UNFAIR PRACTICES οƒ˜ IT SHOULD NOT INTERFERE WITH THE RIGHTS [STRIKE OR LOCK-OUT] OF THE PARTIES οƒ˜ HONOUR THE AGREEMENT. οƒ˜ IMPLEMENT IT FAIRLY οƒ˜ IN CASE OF DIFFERENCE OF OPINION, RE-NEGOTIATE OR REFER IT A THIRD PARTY MUTUALLY WORKERS PARTICIPATION IN MANAGEMENT CONCEPT: οƒ˜ THE TECHNIQUE OF WPM IS REGARDED A POWERFUL BEHAVIOURAL TOOL FOR MANAGING IR SYSTEM οƒ˜ THE CONCEPT OF WPM CRYSTALLIZES THE CONCEPT OF INDUSTRIAL DEMOCRACY, & INDICATE AN ATTEMPT ON THE PART OF AN EMPLOYER TO BUILD HIS EMPLOYEES INTO A TEAM WHICH WORKS TOWARDS THE REALIZATION OF A COMMON OBJECTIVE οƒ˜ IT IS A MENTAL & EMOTIONAL INVOLVEMENT OF A PERSON IN A GROUP SITUATION WHICH ENCOURAGES HIM TO CONTRIBUTE TO GOALS & SHARE RESPONSIBILITIES WITH THEM οƒ˜ THE ESSENCE OF LABOUR PARTICIPATION IN MANAGEMENT LIES IN THE FIRM BELIEF & CONFIDENCE IN THE INDIVIDUAL IN HI CAPACITY FOR GROWTH & LEARNING, IN HIS ABILITY TO CONTRIBUTE SIGNIFICANTLY WITH HIS HANDS A WELL AS HIS HEART. οƒ˜ THE PRINCIPLE OF WPM AFFORDS A SELF-REALIZATION IN WORK & MEETS THE PSYCHOLOGICAL NEEDS OF WORKERS AT WORK BY ELIMINATING TO LARGE EXTENT ANY FEELING OF FUTILITY, ISOLATION & CONSEQUENT FRUSTRATION THAT THEY FACE IN A NORMAL INDUSTRIAL SETTING οƒ˜ IT IS A SYSTEM OF COMMUNICATION & CONSULTATION EITHER FORMAL OR INFORMAL BY WHICH EMPLOYEES OF AN O ARE KEPT INFORMED ABOUT THE AFFAIR OF THE O & THROUGH WHICH THEY EXPRESS THEIR OPINION 7 CONTRIBUTE TO MANAGEMENT DECISIONS οƒ˜ THE EMPLOYERS REALIZATION OF THE NEED FOR WPM WAS CONSIDERABLY INFLUENCED BY THE FOLLOWING FACTORS:
    • o THE INCREASED USE OF TECHNOLOGY IN INDUSTRY HAS NECESSITATED THE GROWING COOPERATION OF WORKERS BECAUSE OF THE COMPLEX OPERATION OF PRODUCTION o THE CHANGED VIEW THAT EMPLOYEES ARE NO LONGER SERVANTS BUT EQUAL PARTNERS WITH THEIR EMPLOYERS IN THEIR EFFORTS TO ATTAIN THE GOALS OF THE ENTERPRISE o THE GROWTH OF TRADE UNIONS WHICH SAFEGUARD THE INTERESTS OF WORKERS & PROTECT THEM AGAINST POSSIBLE EXPLOITATION BY THEIR EMPLOYERS o THE GROWING INTEREST OF THE GOVERNMENT IN THE DEVELOPMENT OF INDUSTRIES & WELFARE OF WORKERS o THE NEED FOR INCREASED & UNINTERRUPTED PRODUCTION WHICH CAN BE ACHIEVED ONLY WHEN THERE IS A CONTENDED LABOUR CLASS OBJECTIVES OF WPM: οƒ˜ AN INSTRUMENT FOR IMPROVING THE EFFICIENCY OF ENTERPRISE & ESTABLISHING HARMONIOUS IR οƒ˜ A DEVICE FOR DEVELOPING OCIAL EDUCATION FOR THE PURPOSE OF PROMOTING SOLIDARITY AMONG THE WORKING COMMUNITY & OR TAPPING LATENT HUMAN RESOURCES οƒ˜ A MEAN FOR ATTAINING INDUSTRIAL PEACE & HARMONY WHICH LEAD TO HIGHER PRODUCTIVITY & INCREASED PRODUCTION οƒ˜ A HUMANITARIAN ACT, GIVING THE WORKER AN ACCEPTABLE STATUS WITHIN THE WORKING COMMUNITY & A SENSE OF PURPOSE IN HIS ACTIVITY οƒ˜ AN IDEOLOGICAL POINT OF VIEW TO DEVELOP SELF-MANAGEMENT IN INDUSTRY OUTCOME OF WPM: οƒ˜ CHALLENGING WORK FOR WORKERS οƒ˜ HEIGHTENED SENSE OF RESPONSIBILITY οƒ˜ MEANINGFUL RELATIONSHIP TO WORK οƒ˜ AVAILABILITY OF WORKERS IDEAS & SUGGESTIONS TO MANAGEMENT οƒ˜ REALISTIC MANAGEMENT DECISIONS οƒ˜ ACCOMMODATION, CHANGE, MOTIVATION & COMMITMENT TO IMPLEMENT DECISIONS οƒ˜ EFFECTIVE COMMUNICATION SYSTEM
    • οƒ˜ BETTER WORKER SUPERVISOR RELATIONSHIP FORMS OF WPM IN INDIA οƒ˜ WORKS COMMITTEE o AS PER IDA 1947 οƒ˜ JOINT COUNCILS o CONSTITUTED AT A DIVISIONAL LEVEL οƒ˜ UNIT COUNCILS o APPLICABLE IN COMMERCIAL & SERVICE O IN THE PUBLIC SECTOR οƒ˜ PLANT COUNCILS o APPLICABLE TO ALL CENTRAL PUBLIC SECTORS οƒ˜ SHOP COUNCILS o APPLICABLE AT DEPARTMENTAL LEVEL οƒ˜ WORKERS PARTICIPATION IN BOARD OF MANAGEMENT o APPLICABLE TO PUBLIC SECTOR UNDERTAKINGS o REPRESENTATIVE OF WORKERS SITS IN THE BOARD OF DIRECTORS οƒ˜ WORKERS PARTICIPATION IN SHARE CAPITAL o 10% TO 15% NEW SHARES TO GIVEN TO WORKERS WHY WPM FAILED: οƒ˜ IDEOLOGICAL DIFFERENCES BETWEEN EMPLOYERS & EMPLOYEES REGARDING DEGREE OF PARTICIPATION οƒ˜ FAILURE TO IMBIBE SPIRIT OF PARTICIPATION BY THE PARTIES οƒ˜ MULTIPLICITY OF PARTICIPATIVE FORMS οƒ˜ LACK OF STRONG TU οƒ˜ UNHEALTHY IR οƒ˜ ILLITERACY OF WORKERS οƒ˜ NON-COOPERATIVE ATTITUDE OF THE WORKING CLASS οƒ˜ DELAYS IN THE IMPLEMENTATION OF THE DECISION OF PARTICIPATIVE BODIES CONDITION NECESSARY FOR EFFECTIVE WORKING OF THE SCHEME οƒ˜ CONGENIAL WORK ENVIRONMENT οƒ˜ TOTAL IDENTITY OF APPROACH TO THE WORKING OF VARIOUS SCHEME οƒ˜ BOTH THE PARTIES TO HAVE FAITH IN THE EFFICACY OF THE SYSTEM οƒ˜ PARTICIPATION SHOULD BE REAL οƒ˜ REALISTIC OBJECTIVES
    • οƒ˜ SYSTEM OF PARTICIPATION TO BE COMPLIMENTARY TO THE COLLECTIVE BARGAINING PROCESS οƒ˜ PARTICIPATIVE SCHEMES SHOULD BE EVOLUTIONARY οƒ˜ SYSTEM SHOULD BE BASED ON TRUST & CONFIDENCE οƒ˜ PROLIFERATION OF UNIONS IN INDUSTRIES SHOULD BE RESTRICTED BY LEGISLATIVE MEAN οƒ˜ FREE FLOW OF INFORMATION BETWEEN LABOUR & MANAGEMENT οƒ˜ DECISIONS TO BE IMPLEMENTED TRADE UNION PROBLEMS OF TU: οƒ˜ UNEVEN GROWTH [INDUSTRY-WISE & AREA-WISE] οƒ˜ SMALL SIZE OF UNIONS οƒ˜ FINANCIAL WEAKNESS οƒ˜ MULTIPLICITY OF UNIONS & INTER UNION RIVALRY οƒ˜ LEADERSHIP ISSUE οƒ˜ POLITICALISATION OF UNIONS οƒ˜ PROBLEM OF RECOGNITION OF TRADE UNIONS ESSENTIALS FOR SUCCESS OF A TRADE UNION: οƒ˜ PROTECT ITS MEMBERS οƒ˜ WIN A REASONABLE MEASURE OF ECONOMIC JUSTICE οƒ˜ UNIONS MUST BE RUN BY MEMBERS & FOR THE MEMBERS οƒ˜ LOOK BEYOND IT HORIZON MULTIPLICITY OF UNIONS & INTER-UNION RIVALRY οƒ˜ THE MULTIPLE UNIONS ARE MAINLY THE RESULT OF POLITICAL OUTSIDERS WANTING TO ESTABLISH UNIONS OF THEIR OWN WITH A VIEW TO INCREASING THEIR POLITICAL INFLUENCE INTER UNION RIVALRY UNDERMINES THE STRENGTH & SOLIDARITY OF THE WORKERS IN MANY WAYS: o EACH UNION COMMANDS ONLY A SMALL STRENGTH o TO ESTABLISH THEIR POSITION, ENCOURAGED STRIFE, DISLOYALTY & NON COOPERATION o FAILED TO REALIZE THE IMPORTANCE OF MUTUAL HELP o LED TO INTER UNION RIVALRIES INTER UNION RIVALRY:
    • οƒ˜ NATIONAL COMMISSION ON LABOUR RECOMMENDED THE FOLLOWING TO REDUCE INTER-UNION RIVALRIES: o BUILDING OF INTERNAL LEADERSHIP WITHIN THE UNIONS TO ELIMINATE PARTY POLITICS & OUTSIDERS o PROMOTION OF COLLECTIVE BARGAINING THROUGH RECOGNITION OF SOLE BARGAINING AGENTS o IMPROVING THE SYSTEM OF UNION RECOGNITION o ENCOURAGING UNION SECURITY o EMPOWERING THE LABOUR COURTS TO SETTLE INTER UNION DISPUTES LEADERSHIP ISSUE: οƒ˜ FOLLOWING REASONS LED TO THE GROWTH OF OUTSIDE LEADERSHIP: o WORKERS  ILLITERATE WORKER o EMPLOYERS  EXPLOITED THEIR POWER & RESOURCES POLITICALISATION OF UNIONS: οƒ˜ RESULT WAS MILITANT OR PASSIVE BEHAVIOUR OF THE MEMBERS οƒ˜ WITH SO MANY POLITICAL PARTIES, THAT NUMBER OF TRADE UNIONS οƒ˜ PREVIOUSLY IT WAS ONLY EMPLOYERS EXPLOITING THE WORKERS, NOW IT WAS POLITICAL PARTIES EXPLOITING WORKERS FOR THEIR ADVANTAGE RECOGNITION OF TRADE UNIONS οƒ˜ TUA 1926 WAS SILENT ON THIS ISSUE οƒ˜ THE FOLLOWING ARE THE SALIENT FEATURES OF MRTU & PULP 1972 o TU SHOULD BE REGISTERED UNDER TUA 1926 o ONLY A REGISTERED TU CAN BE RECOGNISED o ONLY RECOGNISED UNION CAN BECOME SOLE BARGAINING AGENT o ONCE A UNION IS RECOGNISED, THE SAME CANNOT BE CHALLENGED WITHIN A PERIOD OF TWO YEARS OF RECOGNITION o THE UNRECOGNISED UNIONS HA THE FOLLOWING RIGHTS:  TO DISCUSS THE GRIEVANCE OF INDIVIDUAL WORKERS WHO ARE MEMBERS OF THEIR UNION  TO REPRESENT THEIR MEMBERS IN DOMESTIC ENQUIRY o A UNION CAN APPLY FOR REORGANISATION TO INDUSTRIAL COURT IF THE LAST SIX MONTHS IT HAS NOT LESS THAN 30% OF THE TOTAL
    • NUMBERS OF EMPLOYEES EMPLOYED IN THAT UNDERTAKING AS ITS MEMBERS o AT ANY MOMENT OF TIME THERE CAN ONLY BE ONE RECOGNISED UNION o THE INDUSTRIAL COURT SHALL NOT RECOGNISE A UNION IF IT HAS INSTIGATED / ASSISTED AN ILLEGAL STRIKE WITHIN SIX MONTHS BEFORE APPLYING FOR RECOGNITION OBLIGATION OF RECOGNISED UNION: οƒ˜ BARGAIN COLLECTIVELY IN GOOD FAITH WITH EMPLOYER οƒ˜ NOT INDULGE IN FOLLOWING UNFAIR LABOUR PRACTICE o ADVISE OR ACTIVELY SUPPORT OR INSTIGATE ANY ILLEGAL STRIKE o COERCE EMPLOYEES TO JOIN OR REFRAIN FROM JOINING ANY UNIONS o TO INDULGE IN ACTS OR FORCE OR VIOLENCE IN CONNECTION WITH A STRIKE AGAINST NON-STRIKING EMPLOYEES OR AGAINST MANAGERIAL STAFF o TO STAGE DEMONSTRATIONS AT THE RESIDENCE OF THE EMPLOYER OR THE MANAGERIAL STAFF RECOMMENDATIONS OF NCL FOR STRENGTHENING TU οƒ˜ ENLARGEMENT OF FUNCTIONS. o THAT IS INCREASING THE SCOPE OF THEIR ACTIVITIES οƒ˜ LEADERSHIP. o RESTRICT EXTERNAL LEADERSHIP. o GROOM INTERNAL LEADERSHIP οƒ˜ UNION RIVALRIES o MANAGEMENT SHOULD RECOGNIZE THE UNION HAVING THE LARGEST MEMBERSHIP o INTER-UNION RIVALRIES SHOULD BE LEFT FOR THE SETTLEMENT TO THE CENTRAL ORGANIZATION οƒ˜ REGISTRATION o CANCEL REGISTRATION IF MEMBERSHIP FALL BELOW MINIMUM PRESCRIBED FOR REGISTRATION o NO NEW APPLICATION SHOULD BE ENTERTAINED WITHIN SIX MONTHS OF THE DATE OF CANCELLATION OF REGISTRATION οƒ˜ IMPROVEMENT OF FINANCIAL CONDITION: o RAISE MEMBERSHIP FEES οƒ˜ VERIFICATION OF MEMBERSHIP
    • o HOLDING ELECTION BY SECRET BALLOT o OR EXAMINING THE MEMBERSHIP RECORD οƒ˜ RECOGNITION OF THE UNION: o HAVE CRITERIA OF MEMBERSHIP FOR RECOGNITION OF UNION ESSENTIALS FOR SUCCESS OF A TU: οƒ˜ HAVE ENLIGHTENED LABOUR FORCE TO GUIDE & DIRECT THE MOVEMENT οƒ˜ UNIONS SHOULD HAVE CLEAR SPELLED OUT OBJECTIVES οƒ˜ SHOULD HAVE AN OS. SHOULD RUN THE UNION A BUSINESS ACTIVITY οƒ˜ PROTECT ITS MEMBERS & WIN A REASONABLE MEASURE OF ECONOMIC JUSTICE FOR THEM οƒ˜ UNION SHOULD BE RUN BY IT MEMBER οƒ˜ UNION SHOULD HAVE VALUE SYSTEMS οƒ˜ LOOK BEYOND IT HORIZONS UNIONS TODAY: οƒ˜ UNIONS MUST DEVELOP PARTNERSHIP WITH EMPLOYERS & SEEK WIN-WIN OUTCOMES οƒ˜ COLLECTIVE BARGAINING SHOULD STRENGTHEN BOTH THE UNION’S POSITION & EMPLOYEE’S RIGHT & ENHANCE THE PERFORMANCE OF THE O οƒ˜ UNIONS SHOULD REALIZE THAT THE JOBS OF TODAY & THOSE OF FUTURE ARE QUITE DIFFERENT FROM THE JOBS OF PAST οƒ˜ JOBS ARE BECOMING MORE COMPLEX, MULTIFACETED IN NATURE. WORK IS DONE IN TEAMS. οƒ˜ WORK INDEPENDENTLY WITH NO SUPERVISION οƒ˜ PARTICIPATION & INVOLVEMENT ARE NOT VOLUNTARY. οƒ˜ UNIONS PARTNER WITH EMPLOYERS IN CREATING BENEFICIAL CHANGE, RATHER THAN INHIBITING CHANGE οƒ˜ AS UNIONS DECLINE IN NUMBER & STATURE, WORKERS BECOME LESS POWERFUL. THE WORKERS INTEREST CAN BE ENHANCED THROUGH LEGISLATION OR MANAGEMENT INITIATIVES οƒ˜ UNION LEADERS WILL HAVE TO RETHINK THEIR ROLES & ADOPT COLLECTIVE BARGAINING STRATEGIES THAT ALLOW BOTH EMPLOYERS & EMPLOYEES TO BENEFIT. WILL HAVE TO LEARN MANAGEMENT SKILLS IN UNDERSTANDING THE BUSINESS, STRATEGIC ISSUES, & THE ENVIRONMENT IN WHICH THE BUSINESS IS DONE οƒ˜ UNIONS CANNOT GUARANTEE JOB SECURITY BUT CAN GUARANTEE EMPLOYABILITY BY TRAINING EMPLOYEES TO BE MULTISKILLED NEW STRATEGIES FOR UNION:
    • οƒ˜ GOALS: o EMPLOYMENT SECURITY o HIGHER WAGES o MAKE UNIONS STRONGER οƒ˜ PAST STRATEGIES: o JOB CLASSIFICATION o GRIEVANCE HANDLING o COLLECTIVE BARGAINING o CONTRACT ADMINISTRATION οƒ˜ FUTURE STRATEGIES: o PARTICIPATE IN DEVELOPING  NEW WORK SYSTEM  EDUCATION & TRAINING  TECHNOLOGY  NEW PRODUCT DEVELOPMENT o SEEK TO UPGRADE WORKER SKILLS o MOBILIZE & ENGAGE THE WORKFORCE FOR GREATER CONTROL OVER PRODUCTION DECISIONS o LEVERAGE THE USE OF CAPITAL INVESTMENT & PENSION FUNDS OBJECTIVE OF ILO 1. FULL EMPLOYMENT & RAISING STANDARD OF LIVING 2. MATCHING PROFILE OF JOB & INDIVIDUALS 3. FACILITIES OF TRAINING 4. MINIMUM WAGES TO ALL. HARING GAINS RESULTING FROM EFFORTS 5. RIGHT OF COLLECTIVE BARGAINING 6. EXTENSION OF SOCIAL SECURITY MEASURES 7. ADEQUATE PROTECTION FOR LIFE & HEALTH OF WORKERS 8. PROVISION OF ADEQUATE NUTRITION, HOUSING, & FACILITIES FOR RECREATION & CULTURE 9. PROVISIONS FOR CHILD WELFARE & MATERNITY PROTECTION 10. ASSURANCE OF EDUCATIONAL & VOCATIONAL OPPORTUNITY INDUSTRIAL RELATION & HRD THE HRD PHILOSOPHY POSTULATE THE FOLLOWING: οƒ˜ AN EMPLOYEE IS AN INDIVIDUAL WITH HIS OWN DESIRE, THOUGHT, FEELINGS, & AMBITION οƒ˜ HE IS AMENABLE TO DEVELOPMENT
    • οƒ˜ THE INDIVIDUAL EXPECTS FROM AN OPPORTUNITY GROWTH & DEVELOPMENT IN AN ORGANIZATION. WHILE THE ORGANIZATION EXPECTS PERFORMANCE & COMMITMENT οƒ˜ RELATIONSHIP BETWEEN ORGANIZATION & INDIVIDUAL IS STABLE, COHESIVE, & HOMOGENOUS. THE BASIS OF RELATIONSHIP IS INTERDEPENDENT. THE EVOLUTION OF IR SYSTEM I BASED ON THE FOLLOWING POSTULATES: οƒ˜ RELATIONSHIP BETWEEN EMPLOYER & WORKER IS ADVERBIAL οƒ˜ EACH OF THEM STRUGGLE TO GET CONTROL OVER THE WORK PROCESSES 7 ECONOMIC GAINS οƒ˜ RELATIONSHIP IS POLITICALISED, CONFLICT RIDDEN οƒ˜ RELATIONSHIP IS CONDITIONED BY LEGISLATIVE ENACTMENTS, EXECUTIVE AUTHORITY, & JUDICIAL PRONOUNCEMENTS THE QUESTION IS β€œ TO WHAT EXTENT ARE THE ASSUMPTIONS OF HRD APPROACH VALID 7 UNDER THE EXISTING IR SYSTEM WHAT CONSTITUENTS OF THE HRD APPROACH BE ADAPTED IN THE IR SYSTEM” IT ALSO TO BE NOTICED THAT THE HRD CONCEPTS ARE APPLIED AT MANAGERIAL & SUPERVISORY LEVEL IN MOST OF THE ORGANIZATIONS, & NOT AT WORKER’S LEVEL. THOUGH HRD CONCEPT IS DYNAMIC & HAVING GREAT POTENTIAL TO BRING A QUALITATIVE CHANGE IN THE ORGANIZATION, UNLESS THE UNION WILLINGLY AGREE TO COOPERATE IN IMPLEMENTING THESE. IT IS DOUBTFUL WHETHER THE CONCEPT CAN BE FULLY APPLIED AT THE WORKERS LEVEL SUGGESTIONS: οƒ˜ PRESENTLY IR IS REACTIVE IN NATURE; WITH THE HELP OF THE UNION, IT SHOULD BE MADE PROACTIVE BY MOVING AWAY FROM DEPENDENCY CULTURE οƒ˜ THE EMPLOYERS 7 THE EMPLOYEE SHOULD ADOPT A STRATEGY WHICH WOULD PERMIT EMPLOYEES: o TO HAVE THEIR OWN UNIONS o UNIONS TO HAVE ACCESS TO CORPORATE INFORMATION o EMPLOYER & UNION TO BE INVOLVED IN THE DEVELOPMENT & PRODUCTIVITY OF THE ORGANIZATION. o EMPLOYERS SHOULD RECOGNISE THE UNION o EMPLOYER TO PROVIDE TAKE IN THE TAKE OF THE OWNERSHIP OF THE ORGANIZATION THE BILATERAL ARRANGEMENTS BASED ON HRD APPROACH POSTULATES THAT THE PARTIES SHOULD AGREE THE FOLLOWING: οƒ˜ HR PLANNING FOR BETTER PERFORMANCE
    • οƒ˜ T& D FOR IMPROVING PERFORMANCE; FUTURE GROWTH OF EMPLOYEES οƒ˜ APPROPRIATE COMPENSATION & REWARD οƒ˜ THE ABOVE THREE INTERRELATES SYSTEMS OF HRD WOULD BRING IN COLLABORATIVE SPIRIT IN AN ATMOSPHERE OF MUTUAL TRUST, PROGRESS & WELFARE. THE THREE IMPORTANT CONSTITUENTS OF IR SYSTEM HAVE TO MODIFY & AMEND LABOUR LEGISLATIONS IN THE LIGHT OF ITS NEW ECONOMIC POLICY OF LIBERALIZATION. THE EMPLOYERS WILL HAVE TO ACCEPT THE FACT THAT THEY WOULD NEED THEIR EMPLOYEE COMMITMENT, PERFORMANCE, COOPERATION IN THE PROGRESS OF THE ORGANIZATION. οƒ˜ THEE EMPLOYER WOULD THEREFORE WILL HAVE TO CREATE CONDITIONS & WORKING ATMOSPHERE WHERE THE EMPLOYERS ARE TREATED AS CONTRIBUTORS TO THE PRODUCTIVITY & OTHER ORGANIZATIONAL OBJECTIVES, & SHOULD FEEL CONFIDENT & PARTICIPATES IN ACHIEVING THESE OBJECTIVES. THE EMPLOYEES & THEIR UNIONS SHALL HAVE TO REALIZE THAT UNLESS THEY IMPROVE THEIR ATTITUDES, PERFORMANCE & EXTENDS WHOLE HEARTED COOPERATION IN ACHIEVING THE GOALS & OBCTIVESS OF THE ORGANIZATIONS, THEIR FUTURE WILL BE UNCERTAIN IN THE CHANGED CIRCUMSTANCES CHARACTERISTICS OF LABOUR WELFARE 1. WORK UNDERTAKEN WITHIN THE PREMISES OR IN THE VICINITY OF THE UNDERTAKING, FOR THE BENEFIT OF EMPLOYEES & MEMBERS OF THEIR FAMILY 2. WORK GENERALLY INCLUDES THOSE ITEMS OF WELFARE WHICH ARE OVER & ABOVE WHAT IS PROVIDED BY STATUTORY PROVISIONS OR RESULTING FROM CONTRACT OF SERVICES OR REQUIRED BY CUSTOMS 3. PURPOSE IS TO BRING ABOUT DEVELOPMENTS OF THE WHOLE PERSONALITY OF WORKERS 4. FACILITIES PROVIDED BY EMPLOYER ARE PURELY VOLUNTARY 5. DONE TO SUSTAIN & IMPROVE UPON BASIC CAPACITY OF CONTRIBUTION TO THE PROCESS OF PRODUCTION AIMS OF LABOUR WELFARE: 1. PARTLY HUMANISTIC: a. ENABLES WORKERS TO ENJOY FULLER 7 RICHER LIFE 2. PARTLY ECONOMIC a. KEEPS WORKERS CONTENDED 3. PARTLY CIVIC: a. DEVELOPS SENSE OF RESPONSIBILITIES & DIGNITY AMONG WORKERS
    • INTRAMURAL EXTRAMURAL WELFARE &AMENITIES PROVIDED WITHIN WELFARE OUTSIDE ESTABLISHMENT THE PRECINCTS OF THE ESTABLISHMENT 1. LATRINES & URINALS 1. MATERNITY BENEFITS 2. WASHING & BATHING FACILITIES 2. SOCIAL INSURANCE [PF / GRATUITY] 3. CRÈCHES 3. BENEVOLENT FUNDS 4. REST SHELTERS & CANTEENS 4. MEDICAL FACILITIES 5. ARRANGEMENTS OF DRINKING WATER 5. EDUCATION FACILITIES 6. HEALTH SERVICES, INCLUDING 6. HOUSING FACILITIES OCCUPATIONAL SAFETY 7. ARRANGEMENTS FOR PREVENTION OF 7. RECREATIONAL FACILITIES FATIGUE 8. ADMINISTRATIVE ARRANGEMENTS FOR 8. HOLIDAYS HOMES, LEAVE TRAVEL WELFARE OF EMPLOYEES FACILITIES 9. UNIFORM & PROTECTING CLOTHING 9. WORKERS CONSUMER / CREDIT SOCIETIES 10. SHIFT ALLOWANCE 10. VOCATIONAL TRAINING 11. PROGRAMS FOR WELFARE OF FAMILY MEMBERS 12. TRANSPORT FACILITIES GRIEVANCES & DISCIPLINE DEFINITION: οƒ˜ ANY DISCONTENT OR DISSATISFACTION οƒ˜ WHETHER EXPRESSED OR NOT οƒ˜ WHETHER VALID OR NOT οƒ˜ ARISING OUT OF EMPLOYMENT RELATIONSHIP οƒ˜ THIS DISCONTENT OR DISSATISFACTION THE EMPLOYEES FEELS: o UNFAIR o UNJUST o INEQUITABLE FORMS OF GRIEVANCE: οƒ˜ FACTUAL οƒ˜ IMAGINARY οƒ˜ DISGUISED CAUSES: οƒ˜ ECONOMIC οƒ˜ WORK ENVIRONMENT οƒ˜ SUPERVISION οƒ˜ WORK GROUP οƒ˜ MISCELLANEOUS
    • DISCOVERY OF GRIEVANCES: οƒ˜ OBSERVATION οƒ˜ GRIEVANCE PROCEDURE οƒ˜ GRIPE VINE οƒ˜ OPEN DOOR POLICY οƒ˜ EXIST INTERVIEW STEPS IN THE GRIEVANCE PROCEDURE οƒ˜ IDENTIFY THE GRIEVANCE οƒ˜ IF EXPRESSED, PROMPTLY ACKNOWLEDGE THEM οƒ˜ DEFINE THE PROBLEM οƒ˜ COLLECT INFORMATION οƒ˜ CLASSIFY THE FINDINGS INTO: o FACTUAL o IMAGINARY οƒ˜ FIND SOLUTION οƒ˜ IMPLEMENT THE SOLUTION οƒ˜ INFORM THE CONCERNED EMPLOYEE ABOUT THE SOLUTION οƒ˜ HAVE A PROVISION FOR APPEAL οƒ˜ THE PROCEDURE SHOULD HAVE TIME FRAME DISCIPLINE: οƒ˜ SELF-MANAGEMENT FOR REGULATING ONE’S BEHAVIOUR οƒ˜ NEEDED TO ACHIEVE THE ORGANIZATION’S GOALS οƒ˜ TWO TYPES: o POSITIVE o NEGATIVE FACTOR NEGATIVE POSITIVE CONCEPT ADHERENCE TO RULES & WILLINGLY ACCEPT THE REGULATIONS OUT OF FEAR RULES & REGULATIONS CONFLICT NO ALIGNMENT OF ORGANIZATION ALIGNMENT OF GOALS & INDIVIDUAL GOALS SUPERVISION REQUIRES CONTROL FROM THIRD SELF-CONTROL PARTY THE RED-HOT STOVE RULE: οƒ˜ THE RULE HAS THE FOLLOWING CONSEQUENCES: o BURNS IMMEDIATELY o CONSEQUENCES SHOULD BE KNOWN IN ADVANCE
    • o PUNISHMENT SHOULD BE CONSISTENT o BURNS IRRESPECTIVE OF WHO IS INVOLVED DISCIPLINARY ACTION: οƒ˜ BEFORE ANY PUNISHMENT IS AWARDED FOR AN ACT OF MISCONDUCT PERFORMED BY THE EMPLOYEE THE FOLLOWING GUIDELINES SHOULD BE FOLLOWED o THERE SHOULD BE A WRITTEN REPORT SUBMITTED TO THE MANAGEMENT o THE WRITTEN REPORT SHOULD CONTAIN THE FOLLOWING DETAILS: o DATE / PLACE / TIME OF THE INCIDENT o BRIEF SUMMARY OF THE INCIDENT o NAME OF THE WITNESSES IF ANY o ON RECEIPT OF THE REPORT; MANAGEMENT SHOULD VERIFY THE FACTS o ON CONFIRMATION; ISSUE A CHARGESHEET TO THE CONCERNED EMPLOYEE o THE CHARGESHEET SHOULD CONTAIN THE FOLLOWING: o DATE / PLACE / TIME WHEN THE INCIDENT OCCURRED o DETAIL ACCOUNT OF THE INCIDENT o THE CHARGES ALLEGED. o THE ALLEGED CHARGES o THE ALLEGED CHARGES HAVE BROKEN WHICH PROVISIONS OF THE ORGANIZATION; SHOULD BE SPELLED OUT o GIVE 48 HOURS TO THE EMPLOYEE FOR SUBMITTING HIS EXPLANATION o DATE / TIME / PLACE OF ENQUIRY TO BE HELD o STATE THE ENTITLED RIGHTS WHICH IS AVAILABLE TO THE EMPLOYEE o STATE WHAT WILL HAPPEN IF HE ABSENTS HIMSELF FROM THE ENQUIRY οƒ˜ THE CHARGESHEET SHOULD BE HANDED OVER TO THE CONCERNED EMPLOYEE IN PRESENCE OF A WITNESS οƒ˜ WHILE HANDING OVER, READ OUT THE CONTENTS OF THE CHARGESHEET, & EXPLAIN THE CONTENTS TO HIM IN A LANGUAGE WHICH HE UNDERSTANDS οƒ˜ IN THE ENQUIRY THE FOLLOWING PRINCIPLES OF NATURAL JUSTICE SHOULD BE FOLLOWED: o THE ENQUIRY SHOULD BE HELD IN THE LANGUAGE THE EMPLOYEE UNDERSTANDS
    • o THE EMPLOYEE SHOULD BE ALLOWED TO TAKE THE HELP OF ANY CO- WORKER TO DEFEND THE CASE; OR HE CAN DEFEND THE CASE ALL BY HIMSELF o SHOULD BE ALLOWED BRING HIS OWN WITNESSES o SHOULD BE ALLOWED TO CROSS-EXAMINE THE WITNESS DEPOSING AGAINST HIM o THE ENQUIRY SHOULD BE DURING WORKING HOURS o WHATEVER DOCUMENTS THE EMPLOYEE WANTS, A COPY OF THE SAME SHOULD BE GIVEN TO HIM o THE DAILY PROCEEDINGS SHOULD BE RECORDED. A COPY OF THE PROCEEDING SHOULD BE GIVEN TO HIM, o ALL THE COPIES OF THE PROCEEDING SHOULD BE SIGNED BY ALL THE THREE PARTIES [THE ENQUIRY OFFICER / THE MANAGEMENT REPRESENTATIVE / THE CHARGESHEETED WORKER] o ADJOURNMENT SHOULD BE GIVEN AS & WHEN ASKED FOR BY BOTH PARTIES o THE ENQUIRY OFFICER SHOULD NOT BE RELATED TO THE INCIDENT o THE PUNISHMENT AUTHORITY SHOULD NOT BE THE ENQUIRY OFFICER o FOR THE SAME OFFENCE THE EMPLOYEE SHOULD NOT BE PUNISHED TWICE οƒ˜ PUNISHMENT SHOULD BE PROPORTIONATE TO THE ACT OF MISCONDUCT COMMITTED BY THE EMPLOYEE οƒ˜ PUNISHMENT ARE OF TWO TYPES: o MINOR  FINE  WARNING οƒ˜ MAJOR o SUSPENSION [MAXIMUM 4 DAYS] o DISMISSAL οƒ˜ NO DISMISSAL CAN TAKE PLACE WITHOUT HOLDING A DOMESTIC ENQUIRY οƒ˜ THE MANAGEMENT CAN SUSPEND THE EMPLOYEE PENDING ENQUIRY IN THE FOLLOWING CIRCUMSTANCES: o IF THE MANAGEMENT HAS AN APPREHENSION THAT THE EMPLOYEE WILL TAMPER WITH ANY EVIDENCE OR THREATEN ANY WITNESS o THE PRESENCE OF THE CHARGESHEETED EMPLOYEE CAN HAVE A NEGATIVE INFLUENCE ON THE REST OF THE EMPLOYEES
    • οƒ˜ IF AN EMPLOYEE IS SUSPENDED PENDING ENQUIRY; HE IS ALLOWED TO THE FOLLOWING RATE OF SUBSISTENCE ALLOWANCE o 50 % OF HIS WAGES TILL THE FIRST 90 DAYS OF THE ENQUIRY o 75 % OF HIS WAGES FROM 91 TO 180 DAYS o BEYOND 180 DAYS, FULL WAGES οƒ˜ IN THE ENQUIRY IF IT IS PROVED THAT THE ENQUIRY WAS EXTENDED ON ACCOUNT OF THE EMPLOYEE’S FAULT, THEN THE SUBSISTENCE ALLOWANCE CONTINUES AT 50 % οƒ˜ IF THE EMPLOYEE IS GAINFULLY EMPLOYED DURING THE SUSPENSION PERIOD; THEN NO SUBSISTENCE IS PAYABLE οƒ˜ SUSPENSION PENDING IS NOT A PUNISHMENT JOB SECURITY PAST: 1. SECURITY IS AGAINST LOOSING JOBS, WHEN THE BUSINESS DOES NOT DO WELL. 2. FOCUS IS ON EFFICIENCY. EFFICIENCY IMPROVES, IF THE SAME JOB IS DONE REPEATEDLY. THIS APPROACH IS GOOD IN A PROTECTED ECONOMY 3. IN PROTECTED ECONOMY, THE ENVIRONMENT IS PREDICTABLE. 4. TRAINING IS PROVIDED TO WORKERS TO IMPROVE EFFICIENCY 5. A GOOD APPROACH WHERE THE WORKERS ARE NOT QUALIFIED TODAY: 1. IN COMPETITIVE ENVIRONMENT, FUTURE IS UNPREDICTABLE. NOTHING IS PERMANENT 2. FOCUS IS ON FLEXIBILITY. TO BE FLEXIBLE, ONE NEEDS TO BE MULTI-SKILLED; I.E. KNOW MORE THAN ONE JOB. 3. TRAINING IS PROVIDED TO WORKERS IN VARIOUS ASPECTS OF JOB. RISE IN SALARY IS DIRECTLY PROPORTIONATE TO THE NUMBER OF SKILLS AN EMPLOYEE KNOWS. 4. THIS APPROACH ALSO SUITS THE EMPLOYEES SINCE THEY ARE QUALIFIED. CONCLUSION: 1. IN TODAY’S COMPETITIVE ENVIRONMENT, MANAGEMENT / UNION CAN GUARANTEE EMPLOYMENT SECURITY & NOT JOB SECURITY IMPACT OF TECHNOLOGY ON TRADE UNION / TRADE UNION & PRODUCTIVITY 1. IT IS AN INSTRUMENT OF DEVELOPMENT 2. RATIONALISATION & AUTOMATION ARE DIFFERENT FORMS OF TECHNOLOGIES CHANGES 3. RATIONALISATION IMPLIES A BASIC CHANGE IN THE STRUCTURE & CONTROL OF INDUSTRIAL ACTIVITIES. IT DOES NOT REFER TO ANY ONE PROCESS. ITS
    • TECHNIQUES CAN APPLY TO NOT ONLY MATERIALS & METHODS BUT ALSO TO MEN IN THE PRODUCTION PROCESS. 4. AUTOMATION IS ANOTHER FORM OF TECHNOLOGICAL CHANGE. IN AUTOMATION TECHNOLOGY ITSELF CONTROLS THE OPERATIONS 5. FOLLOWING ARE THE IMPACT OF TECHNOLOGY: a. UNEMPLOYMENT b. AFFECTS THE WORK ENVIRONMENT; & ALTERS THE RELATIONSHIP BETWEEN THE EMPLOYERS & EMPLOYEES c. REDUNDANCY / OCCUPATIONAL ADJUSTMENT / ALLOCATION OF GAINS / TRANSFER & TRAINING d. RESISTANCE TO CHANGE / ATTITUDES & PROBLEMS OF CHANGED RELATIONSHIPS & UTILISATION OF LEISURE 6. IT ENABLES EMPLOYEES TO IMPROVE THEIR WORK PROCEDURES, & BETTER UTILISATION OF SCARCE RESOURCES 7. IT IMPROVES PRODUCTIVITY, BECAUSE OF WHICH EFFICIENCY GOES UP. 8. IF EFFICIENCY GOES UP, COST COMES DOWN; & DELIVERY TIME IMPROVES. 9. IT ALSO IMPROVES QUALITY OF THE PRODUCT 10. THIS ALL IMPROVES CUSTOMER SATISFACTION 11. THE BIGGEST CHALLENGE BEFORE MANAGEMENT IS TO KEEP THE COST CONTROL. 12. HENCE THE UNION SHOULD NOT RESIST INTRODUCTION OF TECHNOLOGY. 13. MANAGEMENT SHOULD TRAIN ITS EMPLOYEES; SO THAT EMPLOYMENT SECURITY IS GUARANTEED 14. THE OUTCOME OF TECHNOLOGY SHOULD BE WIN-WIN DUTIES & RESPONSIBILITIES OF REGISTERED TRADE UNION 1. A REGISTERED UNION MUST ALLOW MEMBERSHIP TO ANYONE ABOVE 15 YEARS OF AGE. 2. HAVE 50% OF THE OFFICE BEARERS FROM WITHIN THE INDUSTRY 3. MAINTAIN BOOKS OF ACCOUNTS 4. SUBMIT ITS YEARLY BALANCE SHEET TO THE REGISTRAR OF TRADE UNION 5. THE UNION CAN SPEND ITS FUNDS ON a. SALARIES OF OFFICE BEARERS b. PROSECUTION / DEFENCE FOR PROTECTING ITS TRADE UNIONS RIGHT c. PROVIDE COMPENSATION TO ITS MEMBERS d. LEVY SUBSCRIPTION FEES e. PUBLISH PERIODICALS
    • 6. CAN PROTECT FROM BEING PROSECUTED FOR LEGITIMATE TRADE UNION ACTIVITIES MULTIPLICITY OF UNIONS: 1. IN A DEMOCRACY, EVEN A MINORITY IS GIVEN AN OPPORTUNITY TO ORGANIZE & FURTHER ITS INTEREST THE TRADE UNION ACT OF 1926 ALLOWS SEVEN MEMBERS TO FORM A UNION. 2. LARGE NUMBER OF TRADE UNION FEDERATIONS AT THE NATIONAL / REGIONAL LEVEL, WHICH ARE VYING WITH EACH OTHER FOR INCREASED MEMBERSHIP. THERE IS NO SINGLE FEDERATION TO WHICH ALL OTHER FEDERATIONS BELONG. THE TRADE UNION LEADERS SOME OF WHOM ARE OUTSIDERS WHILE OTHERS HAVE COME UP FROM WITHIN TRADE UNION MOVEMENT HAVE DIFFERENT APPROACHES TO THE PROBLEMS AT HAND & HENCE MAY & DOES COME PARTING OF WAYS ON MANY OCCASIONS 3. MULTIPLE UNIONS LEADS TO INTER-UNION RIVALRY; WHICH POSES A PROBLEM TO THE MANAGEMENT 4. IT ALSO RESULTS IN RIVALRY AMONG THE LEADERS OR DIFFERENCE IN STRATEGY TO BE ADOPTED OR TO DIFFERENCES IN IDEOLOGY 5. THE TRANSITION FROM AGRICULTURE TO INDUSTRIALIZATION RESULTED IN INCREASE OF UNSKILLED WORKERS STRENGTH, RESULTING IN GROWTH OF SEVERAL GENERAL INDUSTRIAL UNIONS. THE OUTCOME WAS INTER-UNION RIVALRY 6. POLITICAL LINKAGE OF UNIONS ALSO CONTRIBUTED TO MULTIPLICITY OF UNIONS 7. THE ROLE OF OUTSIDERS AS LEADERS OF THE UNION ALSO CONTRIBUTED TO THE GROWTH OF MULTIPLICITY OF UNIONS EFFECTS OF MULTIPLE UNIONS: 1. DIFFUSION OF UNION POWER 2. INEFFICIENT EFFORTS TO CHANGE OR INTRODUCE NEW LEGISLATION IN ORDER TO IMPROVE THE LOT OF WORKERS 3. INABILITY OF POLITICAL LEADER TO JUDGE A PLANT ISSUE ON ITS OWN MERIT WITHOUT ADDING EXTRA POLITICAL DIMENSION TO IT 4. DIFFERENT UNIONS, MEANS DIFFERENT CHARTER OF DEMANDS 5. MULTIPLE UNIONS MEAN MULTIPLE ENROLMENT IN UNIONS, CAUSING DELAY IN RECOGNITION. 6. MOREOVER IT RESTRICTS BARGAINING POWER OF THE UNION
    • 7. THE PRIMARY ROLE OF UNION IS TO PROTECT THE WORKERS & TO CHANNELIZE THEIR EFFORTS IN ENHANCING THE PLANT’S VIABILITY. THE EFFECT OF HAVING MULTIPLE UNIONS ONLY WEAKENS THE WORKERS POWER BASE, WHILE AT THE SAME TIME NEGATIVELY AFFECTING THE VIABILITY OF THE PLANT THE END :