HUMAN RESOURCE

1. INDUSTRIAL DISPUTES
PRESENTED BY:
AKASH SHARMA
MBA

2. OVERVIEW
 DEFINITION OF INDUSTRIAL DISPUTE
 CAUSES OF INDUSTRIAL DISPUTE
 SETTLEMENT OF INDUSTRIAL DISPUTE

3. DEFINITION
The industrial dispute means any dispute or difference between
employers, employers and Workmen or 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.

4. CAUSES OF DISPUTES
1) WAGE DEMANDS
The demand for wages has never been fully met because of inflation and high cost of
living. High inflation results in increased cost of living resulting in never ending
demands from unions.
2) UNFAIR LABOUR PRACTICES
It is an unfair act or omission at the workplace, involving: unfair conduct of an
employer relating to the promotion or demotion of an employee. Unfair conduct
relating to the provision of training of an employee.

5. 3) POLITICAL INTERFERENCE
Major trade unions are affiliated to political parties. A cursory
assessment of labour movements around the world would show that trade
unions are, by their very nature, political, and that politicisation of labour is
the rule rather than exception.
Trade unions have been compelled to engage in political action
to obtain enough freedom from legal restraint to exercise their main
industrial functions. Freedom of association, the right to strike, the
prevention of undue influence in their internal affairs, are familiar objectives
which have demanded the use of political methods.

6. 4) UNION RIVALRY
Multiplicity of unions leads to inter-unions rivalries. The company had 445
strikes in 1990-91 resulting in a loss of production of 3.12 million tonnes and
34.19 lakh man-days. The reason is union rivalry. One union or the other is
always on strike and often the demands of rival unions on an issue are
conflicting.

7. 5) MULTIPLICITY OF LABOUR LAWS
Labour laws have been enacted to create conditions for the protection
of labour from unfair employment practices and to provide a legal
framework within which Industrial relation is to be regulated.
Labour legislation is regarded as the most dynamic
institution. In 1881, labour legislation in our country has become an important
agency of the state for the regulation of working and living conditions of
workers, as indicated by the rising number and variety of labour acts.

8. SETTLEMENT OF DISPUTES
1) COLLECTIVE BARGAINING
It occurs when representatives of a labour union meet management
representatives to determine employees wages and benefits, to create or revise work
rules, and to resolve disputes or violations of the labour contract.
It has two facets:
 Negotiating the work conditions that become the collective agreement
describing employer-employee relationship on the job
 Interpreting ad enforcing the collective agreement and resolving any conflict
arising out of it.

9. 2) CODE OF DISCIPLINE
It defines duties and responsibilities of employers and workers. It ensures that
employers and employees recognize each other’s rights and obligations and
promote constructive co-operation between the parties concerned at all levels. It also
eliminate all forms of coercion, intimidation, and violence in industrial relation and to
maintain discipline in industry.
3) GRIEVANCE PROCEDURE
A grievance is an employee’s dissatisfaction or feeling of personal injustice relating
to his or her employment relationship. It is usually restricted to violations of the
terms and conditions of employment.

10. 4) ARBITRATION
Arbitration is a procedure in which a neutral third party studies the
bargaining situation, listens to both the parties and gathers information, and
then makes recommendations that are binding on the parties. Arbitration is
effective as a means of resolving disputes because it is established by the
parties themselves and the decision is acceptable to them and relatively
expeditious when compared to courts and tribunals.

11. 5) CONCILIATION
It is a process by which representatives of workers and employers are
bought together before a third party with a view to persuading them to
arrive at an agreement by mutual discussion between them. The third party
may be individual or group of people.

12. 6) ADJUDICATION
It means a mandatory settlement of an industrial dispute by a labour
court or a tribunal. The government refers a dispute for adjudication
depending on the failure of conciliation proceedings.
Disputes are generally referred to adjudication on the
recommendation of the conciliation officer who had dealt with them earlier.

13. 7) CONSULTATIVE MACHINERY
Consultative machinery set by the government to resolve conflicts. Its
function is to bring the parties together for mutual settlement of differences in
a spirit of co-operation and goodwill. A consultative machinery operates at
the plant, industry, state and the national levels.