INDUSTRIAL DISPUTE ACT
Submitted by TONY JOSE
Industrial dispute
An industrial dispute may be defined as a conflict or difference of opinion between management and workers on the terms of employment. It is a disagreement between an employer and employees' representative; usually a trade union, and other working
When an industrial dispute occurs, both the parties, that is the management and the workmen, try to pressurize each other. The management may resort to lockouts while the workers may resort to strikes, picketing or gheraos.
Definition of ID
Disagreement or controversy between management and labour with respect to wages, working conditions, other employment matters or union recognition.
As per Section 2(k) of Industrial Disputes Act,1947, an industrial dispute in defined as any dispute or difference between employers and employers, or between employers and workmen, or between workmen and which is connected with the employment or non-employment or the terms of employment or with the conditions of labor.
Purpose & objectives of ID
The act intense to promote progress of industry by bringing about harmony and cordial relationship between the employers & employees In the case of Workmen of Dimakuchi Tea Estate Vs Dimakuchi Tea Estate (1958).In the case Supreme court laid down the following objectives
Promotion of measures of securing & preserving amity & good relationship between workmen & employer Investigation and settlement of dispute between employer & workmen, workmen & workmen, employer & employer as well as associations 0f employers & workmen
Prevention of illegal strikes & lockouts Relief to workmen in case of layoff & retrenchment Promotion of collective bargaining
Causes of Industrial Disputes.
They want more and more monetary rewards and want to do less work. Lack of proper fixation of wages. Bad working conditions. Attempts by management to introduce changes without creating a favorable appropriate climate or environment for the
Lack of training given to employees. Assignment of unduly heavy work-loads to worker, unfair labour practices. Lack of strong and healthy trade unionism
A spirit of non-cooperation and a general tendency among employees to criticize or oppose managerial policies Difference in regard to sharing the gains of increased productivity Inadequate collective bargaining agreements. Legal complexities in the industrial relations machinery or settlement of industrial disputes.
Not successful in implementing labour laws and inadequacy of labour laws. Political environment of the country; and Agitation and wrong propaganda by selfish labour leaders to further their own interests of their own party.
Forms of dispute
Strike
Section 2 (q) of the Industrial Disputes Act. Defines strike to mean: a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal
Lock out
Section 2(1) of the Industrial Disputes Act, 1947 defines "Iock-out" to mean: The temporary closing of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him
Gherao - means encirclement of the
managers to criminally intimidate him to accept the demands of the workers.
Lay off section 2
Employer refuses to give employment due to specified reasons such as shortage of coal, power, raw materials , break down of machinery , natural calamity or any other reasons
Machinery for prevention & settlement of ID Voluntary Methods
Government machinery Statutory measures
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