Presentation on Industrial Dispute without Strike and Lockouts

1. Industrial Dispute without Strikes
and Lockouts
An Act to make provision for the
investigation and settlement of
industrial disputes

2. Industrial Dispute Act,1947
Section 2(k) defines industrial dispute as any
dispute or difference between;
•Employers and employers.
•Employers and workmen.
•Workmen or workmen
connected with the employment or non
employment or the terms of employment or
with the conditions of labor of any person.

3. Pension Dispute at TATA steel UK
 Unions representing workers of Tata Steel UK had
announced strike action on June 22 over the proposed
changes in the firm's pension scheme.
 The unions said that at present workers can retire at 60
without an actuarial reduction.
 Tata Steel, on the other hand, had insisted that workers
wishing to retire at 60 would lose 5 per cent of each year of
early retirement -- 25 per cent in total.
 So Unions wanted a higher pension.
Source-http://articles.economictimes.indiatimes.com/2015-07 16/news/64495289_1_tata-
steel-uk-trade-unions-pension-scheme

4. Resolution at Tata steel UK
 On June 19, the unions - Community, Unite, Ucatt and GMB
- suspended the strike action after Tata Steel proposed a
new pension offer, which would keep BSPS open.
 The proposal represents a fair and balanced solution in
which UK employees will continue to be provided with
high-quality pensions.
 The new arrangements, including the modifications to
scheme benefits, will address a significant proportion of the
pension scheme's projected deficit.

5.  Coal India Limited (CIL) workers'
unions had decided to go on strike
on to protest the government's
disinvestment plan and the
ordinance on coal block e-auction,
which has paved the way for
commercial mining by private
players.
 Unions feared retrenchment and
curbing of facilities.
 Coal workers called off their
nationwide strike, as the
government assured trade unions
that the state-run Coal India Ltd
(CIL) will not be privatised and the
employees' interest will be
protected.
Coal India unions against
privatisation, disinvestment
Source:http://www.dnaindia.com/india/report-coal-strike-ends-government-assures-coal-india-ltd-won-t-
be-privatised-2050705

6. Diwali Bonus
 Unions demand a higher bonus before Diwali season to the
management.
 This issue gets amicably resolved between the two parties
of the company.
 Hence this does not lead to unions going on strike.

7. Government clears Bonus for Railway employees
 The proposal was cleared at the Union Cabinet meeting
chaired by PM Narendra Modi.
 It has been decided to give 78-day wages as productivity-
linked bonus (PLB) or Diwali bonus to Railways staff for the
year 2013-14 and accordingly the order has been issued.
 Each eligible employee will get about Rs 8,975 as bonus and
about 11.5 lakh employees will be getting it.
Source:http://zeenews.india.com/business/news/economy/78-day-bonus-for-railway-
employees_109111.html

8. TCS employee dispute
 Rekha, who is pregnant , was issued termination orders.
 Rekha had challenged her termination in court and
contended that the retrenchment move was illegal and in
gross violation of Industrial Disputes Act, 1947.
 She said the company reportedly had taken an unfair
decision to terminate the services of 25,000 workers
holding designation of assistant consultant and above, and
to recruit 55,000 persons, predominately fresher's to cut
costs.

9. Judgment by the High Court
 IT major Tata Consultancy Services said that it revoked the
termination of its woman employee in Chennai as an
exceptional case since she was pregnant.
 The Madras High Court dismissed a petition filed by Rekha
after counsel for the software major said the firm has
revoked the termination.
 The court restrained TCS from retrenching the analyst.
Source:http://www.dnaindia.com/money/report-tcs-says-it-revoked-termination-as-an-
exceptional-case-2054349

10. PSU bank unions threaten the
Management
 Unhappy with wage increase offered by management of banks (IBA),
public sector bank employee unions threatened to go on a four-
day strike.
 Indian Banks' Association (IBA) offered a meagre 0.5% improvement in
the pay-in slip cost to 13% which was unacceptable to them," United
Forum of Bank Unions (UFBU)
 The unions demand 19% hike in wages and a five-day work week
 If strike happens it would impact government fund transfer during the
time of Budget also It would have dampened money market and
foreign exchange trading volumes, potentially increasing volatility.
Source:http://www.dnaindia.com/money/report-psu-bank-unions-threaten-4-day-strike-from-
feb-25-2057920

11. Resolution by Finance Ministry
 Public sector bank employee unions withdrew their call for a four-day
nationwide strike, with the management agreeing to a 15 per cent hike
in wages.
 The banks, however, will work full-day on remaining Saturdays instead
of the current practice of half-day.
 RBI would be informed about changes in working hours on Saturdays.
Source:http://www.financialexpress.com/article/industry/banking-finance/public-sector-bank-
workers-call-off-strike-after-pay-deal/46485/

12. Air India pilots protest over changes in labour
rules, salaries
 Air India pilots are on a go slow agitation to protest
government move "removing" them from workmen
category and proposed changes in salary structure.
 With this move, a commanders can no longer be part of a
trade union, their service conditions (including salaries) can
be changed without prior notice and they won't be able to
raise a dispute against the employer.
 The union had also served a legal notice to the airline
demanding withdrawal of the notification.
Source:http://www.business-standard.com/article/companies/air-india-pilots-protest-change-
in-labour-laws-flights-delayed-115082100256_1.html

13. Major port workers’ union backs off
from strike
 The government’s decision did not go down well with the port workers
as they were upset that they have not been taken into confidence while
deciding to make, what they are calling, radical changes in the
organisational structure of the ports and the consequences arising out
of it.
 One of the concerns that workers have is related to their role in the
new organisational structure of the ports.
Source:http://www.financialexpress.com/article/industry/major-port-workers-union-backs-
off-from-strike/53523/

14. Resolution by the Government
 The decision to withdraw the strike came after a meeting between the
senior officials from the ministry of shipping, the IPA, the chief labour
commissioner, and the representatives of the port workers
 The port workers called off the strike after the officials in the ministry
of shipping and representatives from Indian Ports Association (IPA)
assured them that corporatisation would not lead to privatisation of
ports.
 Also all the apprehensions related to the future of the workers,
pensioners, our previous wage issues will be resolved.
 the government has also agreed to discuss with them the concerns they
may have over the job, future of the workers, pensions and other
changes, if any, that may come up as a result of corporatisation

15. AAI staff issue holding up airport
privatisation
 The AAI had in January invited bids to transfer the
management, development and operation of the four
airports to private companies on a revenue sharing model.
 They have assured that they will not be retrenched and
their interest will be protected.
 Senior civil aviation ministry officials have confirmed that
the entire process for giving out these four airports
Chennai, Kolkata, Jaipur and Ahmedabad to private
developers has been put on hold and also there was
employee issues too.
Source:http://indianexpress.com/article/india/india-others/aai-employees-threaten-strike-
over-privatisation-move/

16. Jute mill workers call off strike
 The strike was to stop the unfair labour practices, payment of
statutory dues, clearance of arrears of dearness allowance,
regularisation of contract workers and deduction of provident fund
against the jute mill owners.
 Under the terms of agreement, the entry-level daily wage of the
workers has been increased from Rs 100 to Rs 157.
 The arrears in dearness allowance would be settled in six
instalments spread over three years according to the agreement.
 The jute mills have agreed to pay last drawn wages to the retired
workers in case on re-employment.
 Also, there will be no contractual services in perennial jobs in jute
mills.
Source:http://www.business-standard.com/article/markets/jute-mill-workers-call-off-strike-
110021300044_1.html

17. Musco (Mahindra Ugine Steel Company)
 Musco had a wage related dispute with its workers that
was pending for four years.
 Musco had been unable to pay due to poor market
conditions.
 The company had spent about ₹3lakh per employee on an
average for the voluntary retirement scheme.
 Total workforce was 2,500 persons, which was brought
down to 1,450 persons and current level of 780 persons.
Source:http://articles.economictimes.indiatimes.com/2001-11-03/news/27469080_1_mahindra-
ugine-musco-wage-agreement

18. Resolution at Musco
 Management agreed to pay all arrears and bonus that had
been kept in abeyance due to the manpower reduction
programme undertaken by the management.
 Management hiked employees wages to increase the sales
and motivate the employees.

19. Rushali Wankhede
Chetana’s Institue of Management
Human Resources