1. “CLASSIFICATION OF AN INDUSTRIAL DISPUTE: STRIKE AND
LOCKOUTS, INDUSTRIAL PEACE, CONCEPT OF MEDIATION,
CONCILIATION, ARBITRATION, ADJUDICATION AND
PREVENTIVE MEASURES OF INDUSTRIAL DISPUTES. BIPARTITE
AND TRIPARTITE BODIES. SETTLEMENT MECHANISM”
Submitted By
Mr. Jinomon Jose
2. Industrial conflict is defined by kornhauser et al (1954):
the „total range of behaviours and attitudes that express opposition and divergent
orientations between industrial owners and managers, on the one hand, and
working people and their organizations on the other hand.‟
According to the industrial dispute act, 1947, an industrial dispute means
“any dispute or difference between employer and employer or between
employer 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 labour of any person”.
3. Causes of Industrial conflicts:
Wage demands
Working conditions
Management policies
Political disputes
Social concerns
Main Actors in an Industrial Relation System;
Employers
Employees
Government
4. INDUSTRIAL ACTION
Divided into:
A. Overt
Overt industrial action refers to open, obvious industrial action
taken by workers or management including strikes, work bans,
pickets, lockouts and work-to-rule
B. Covert
Covert industrial action refers to actions by workers or
management which are not immediately obvious such
absenteeism, sabotage, turnover or exclusion from business
decision-making.
Industrial action is a sign of poor employment relations
5. STRIKES AND LOCKOUTS
The most publicized type of
industrial action is the strike.
A strike involves the
withdrawal from work of a
group of employees to
disrupt business operations
as a means of expressing
dissatisfaction.
A lockout is an extreme
measure where employers
physically
prevent
their
employees from working by
locking the gates to the work
premises. By denying access
to the building, managers
effectively cut off the
workers‟ source of income
and thereby force them to
accept
a
management
decision, negotiate or face a
drawn-out
dispute
and
financial difficulties
6. INDUSTRIAL PEACE
• The objectives of maintenance of industrial peace is not only
find out ways and means to solve conflicts or to settle
differences but also to secure the unreserved cooperation of
and goodwill among different groups in industry.
• It also aims at the development of a sense of mutual
confidence, dependence and respect and at the same time
encouraging them to come to closer to each other for removing
misunderstanding, redressing grievances, if any ,in a peaceful
atmosphere and with open mind and fostering industrial
pursuits for mutual benefits and social progress.
7. MEDIATION
Unable to reach an agreement through negotiation on their
own, mediation may be the next step.
Mediation is the intervention into a dispute by a neutral third
party such as an employment relations specialist or a lawyer
Neither party is bound by the mediator‟s suggestions
8.
CONCILIATION
A process by which representatives of employees and employers
are brought together before a third party with a view to discuss,
reconcile their differences and arrive at an agreement through
mutual consent.
The Industrial Disputes Act empowers the Central & State
governments to appoint conciliation officers and a Board of
Conciliation as and when the situation demands.
The conciliation officer however has no power to force a
settlement
The Industrial Disputes Act prohibits strikes and lockouts
during that time
If fails to bring about an agreement, then the parties will enter
the final stage of arbitration
9. ARBRITATION
Arbitration act was passed in 1996. It means when two parties are
arguing they cannot come to an agreement they call someone in, who is
neutral and they figure out the matter. There are two types :
voluntary arbitration is non-binding. It implies that the two contending
parties, unable to compromise their differences by themselves or with
the help of mediator, agree to submit the conflict or dispute to an
impartial authority, whose decision will be ready to accept before it
goes for adjudication
Compulsory arbitration is non-binding. It is one where the parties are
required to accept arbitration without any willingness on their part. It
leaves no scope for strikes and lock-outs. It deprives both the parties of
their fundamental rights.
10. ADJUDICATION
The Industrial Disputes Act, 1947, provides a three – tier adjudication machinery
comprising.
1. Labour courts - Dismissal or discharge or grant of relief to workmen wrongfully
dismissed. Illegality or otherwise of a strike or lockout. Withdrawal of any
customary concession or privileges.
2. Industrial tribunals - Wages, Compensatory and other allowances, Hours of work
and rest intervals, Leave with wages and holidays, Bonus, profit-sharing, PF etc.,
3. National tribunals - Matters of National importance, Matters which are of a
nature such that industries in more than one state are likely to be interested in, or
are affected by the outcome of the dispute.
The appropriate government may, by notification in the official gazette, constitute
one or more adjudication machinery. It is to submit its report to the appropriate
government within the specified time.
11. PREVENTIVE MEASURES OF INDUSTRIAL DISPUTES
A. Schemes Of Workers‟ Participation
Workers Committee, Joint Management Council Etc.
B. Collective Bargaining
C. Grievance Procedure
D. Tripartite Bodies
E. Bipartite Bodies
F. Code Of Industrial Discipline
H. Labour Welfare Officer
I. Standing Orders.
