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Industrial Dispute
causes & Resolution
Dr Sapna Awasthi
Professor- MBA
• organized protests against existing terms of employment
or conditions of work
• Industrial dispute mainly refers to the strike between
employers and their employees
• not a personal dispute of any one person
DISPUTE
Industrial Disputes
Disputes mainly relate to the strife between
employers and their employees.
According to the Industrial Dispute Act,1947 sec (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 or terms of employment or with the
conditions of labor of any person.
Causes ofDisputes
Causes of Industrial disputes may
be grouped into four categories :
 Industrial Factors
 Managements Attitude towards
workers
 Industrial Factors
 Other Causes
Industrial Factors
(i) An industrial matter relating to employment,
work, wages, hours of work, privileges, the rights
and obligations of employees and employers &
terms and conditions of employment.
(ii) An industrial matter in which both the parties
are directly and substantially interested.
(iii) Disputes arising out of unemployment,
inflation, change in the attitude of employers
and rivalry among unions.
Management Attitude Towards Labour
i) Management ‘s unwillingness to talk over any
dispute with their employees.
ii) Managements unwillingness to recognize a
particular trade union , delegating enough
authority to the representatives etc.
iii) Unwillingness to negotiation and settlement
of disputes.
iv) Managements insistence to take care of
recruitments, promotion etc. without consulting
the concerned employees
(v) Managements unwillingness to provide
services and benefits to its employee's
Government Machinery
(a)Though there are number of enactments for
promotion of harmonious relations, it is ineffective and
unsatisfactory due to various reasons like their irrelevancy in
the context of the challenges of present industrial climate
/culture, incapability of understanding and answering
imperatives of development, improper and inadequate
implementation by many employers.
b) The governments conciliation machinery has settled a
very negligible number of disputes
Other Causes
(i)Affiliation of the trade unions with a political party,
where the latter may instigate the trade unions to
conduct strikes, lockouts , gheraos etc.
ii) Political instability, center- state relations, sometimes
result into industrial conflict.
iii) Other potential factors like corruption in industry
and public life, easy money etc. can also result into
industrial disputes.
Resolution of Industrial Disputes:
“prevention is better then cure”.
Model Standing Orders
•Standing orders define and regulate terms
and conditions of employment and bring about
uniformity in them.
•Under Industrial Dispute Act, 1947, every
factory employing 100 workers or more is
required to frame standing orders in
consultation with the workers
Code of Industrial discipline
• To secure settlement of disputes by negotiation,
conciliation and voluntary arbitration.
• Eliminate all forms of coercion, intimidation and violence.
• To maintain discipline in the industry.
• To avoid work stoppage.
Works Committee
• Administration of welfare & fine funds.
• Educational and recreational activities.
• Safety and accident prevention
• Occupational diseases and protective equipment.
Joint Management Councils
• information sharing
• consultative
• administrative
• Employee welfare
• Apprenticeship scheme
Suggestion Schemes:
Joint Councils
• Optimum use of raw materials and quality output. •
Optimum production, efficiency and function of
productivity norms of man and machine as a whole.
• Preparation of schedules of working hours.
• Adequate facilitates for training.
• Rewards for valuable and creative suggestions.
Machinery for
settlement of Industrial Dispute
• To hold conciliation proceedings with a view to arrive at
amicable settlement between the parties concerned.
• To investigate the dispute in order to bring about the
settlement between the parties concerned.
• Act as a facilitator in this process.
• Collective Bargaining
• Labour welfare officer
• Tripartite bodies
• The India labour conference
• Standing labour committees
• Wage Boards and Industries Committees.
Machinery for settlement of
Industrial Dispute
Arbitration
• A neutral third party listens to the disputing parties.
• Listens to both the parties and then gives his judgment.
Adjudication
• Labour court
• Industrial Tribunal
• National Tribunal

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Resolve Industrial Disputes

  • 1. Industrial Dispute causes & Resolution Dr Sapna Awasthi Professor- MBA
  • 2. • organized protests against existing terms of employment or conditions of work • Industrial dispute mainly refers to the strike between employers and their employees • not a personal dispute of any one person DISPUTE
  • 3. Industrial Disputes Disputes mainly relate to the strife between employers and their employees. According to the Industrial Dispute Act,1947 sec (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 or terms of employment or with the conditions of labor of any person.
  • 4. Causes ofDisputes Causes of Industrial disputes may be grouped into four categories :  Industrial Factors  Managements Attitude towards workers  Industrial Factors  Other Causes
  • 5. Industrial Factors (i) An industrial matter relating to employment, work, wages, hours of work, privileges, the rights and obligations of employees and employers & terms and conditions of employment. (ii) An industrial matter in which both the parties are directly and substantially interested. (iii) Disputes arising out of unemployment, inflation, change in the attitude of employers and rivalry among unions.
  • 6. Management Attitude Towards Labour i) Management ‘s unwillingness to talk over any dispute with their employees. ii) Managements unwillingness to recognize a particular trade union , delegating enough authority to the representatives etc. iii) Unwillingness to negotiation and settlement of disputes. iv) Managements insistence to take care of recruitments, promotion etc. without consulting the concerned employees (v) Managements unwillingness to provide services and benefits to its employee's
  • 7. Government Machinery (a)Though there are number of enactments for promotion of harmonious relations, it is ineffective and unsatisfactory due to various reasons like their irrelevancy in the context of the challenges of present industrial climate /culture, incapability of understanding and answering imperatives of development, improper and inadequate implementation by many employers. b) The governments conciliation machinery has settled a very negligible number of disputes
  • 8. Other Causes (i)Affiliation of the trade unions with a political party, where the latter may instigate the trade unions to conduct strikes, lockouts , gheraos etc. ii) Political instability, center- state relations, sometimes result into industrial conflict. iii) Other potential factors like corruption in industry and public life, easy money etc. can also result into industrial disputes.
  • 9. Resolution of Industrial Disputes: “prevention is better then cure”.
  • 10. Model Standing Orders •Standing orders define and regulate terms and conditions of employment and bring about uniformity in them. •Under Industrial Dispute Act, 1947, every factory employing 100 workers or more is required to frame standing orders in consultation with the workers
  • 11. Code of Industrial discipline • To secure settlement of disputes by negotiation, conciliation and voluntary arbitration. • Eliminate all forms of coercion, intimidation and violence. • To maintain discipline in the industry. • To avoid work stoppage.
  • 12. Works Committee • Administration of welfare & fine funds. • Educational and recreational activities. • Safety and accident prevention • Occupational diseases and protective equipment.
  • 13. Joint Management Councils • information sharing • consultative • administrative • Employee welfare • Apprenticeship scheme
  • 15. Joint Councils • Optimum use of raw materials and quality output. • Optimum production, efficiency and function of productivity norms of man and machine as a whole. • Preparation of schedules of working hours. • Adequate facilitates for training. • Rewards for valuable and creative suggestions.
  • 16. Machinery for settlement of Industrial Dispute • To hold conciliation proceedings with a view to arrive at amicable settlement between the parties concerned. • To investigate the dispute in order to bring about the settlement between the parties concerned. • Act as a facilitator in this process.
  • 17. • Collective Bargaining • Labour welfare officer • Tripartite bodies • The India labour conference • Standing labour committees • Wage Boards and Industries Committees. Machinery for settlement of Industrial Dispute
  • 18. Arbitration • A neutral third party listens to the disputing parties. • Listens to both the parties and then gives his judgment.
  • 19. Adjudication • Labour court • Industrial Tribunal • National Tribunal