Industrial disputes

Definition
According to Industrial Disputes Act, 1947: Industrial disputes means any dispute or difference between employers and employees, or between employers and workmen or between workmen and workmen, which is connected with the employment or nonemployment or terms of employment or with the conditions of labour of any person.
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Essentials of a dispute
1. There must be a dispute or difference (a) between employers and employees, (b) between employers and workmen, and (c) between workmen and workmen. 2. It is connected with the employment or nonemployment or the terms of employment or with the conditions of labour of any person, or it must be pertaining to any industrial matter; 3. The relationship between the employer and the workman should be in existence and dispute should be the result of the contract.
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Causes of Industrial disputes:

Four categories: 1. Industrial factors: 1.(a) relating to work, wages, hours of work, privileges, the rights and obligations of employees and employers, terms and conditions of employment and including matters pertaining to: (I) dismissal of any person (ii) registered agreement, settlement or award; and (iii) demarcation of the function of an employee.
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2. Disputes arising because of (a) rapidly increasing population no opportunities for gainful employment no improvement in the standard of living. (b) the rising unemployment due to rationalisation and setting up of more capital intensive units. 3. The rising prices of essential commodities, their shortages, non-availability, etc. 4. Educated workers aware of their rights and will not put up with injustice. 5. Failure of trade unions because of union rivalry, nonrecognition, compulsory adjudication for wages and working conditions, unstable trade unions and poor 5 leadership.

Profit
Job security Right to manage. Seniority Productivity

Growing indiscipline, frequent law and order problems and political pressures.

2. Managements attitude towards workers:

Not willing to negotiate Unwillingness to recognise a union. Not giving enough powers to the representatives to negotiate No consultation with employees over employment issues.

3. Government machinery:
Not successful in implementing legislations Irrelevant labour laws No training for conciliation officers.

4. Other causes:
Affiliation of trade unions with political party.

Political instability
Rampant corruption in industry and public life.
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Classification of Industrial disputes.

1. Interest disputes ( Economic disputes) demands on improvement of wages, fringe benefits, job security 2. Grievance disputes Grievances on discipline an dismissal, the payment of wages and fringe benefits, working hours, overtime, promotion, transfers, rights deriving from seniority, rights of supervisors and union officers, job classification problems and fulfillment of obligations relating to safety and health laid down in the agreement.
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3. Disputes over unfair labour practices:

discrimination of workers on the basis of union membership, restraining the employees from exercising their right to organise, join or assist a union, refusal to bargain collectively in good faith with the recognised union, failure to implement an award, settlement or agreement, etc.
4. Recognition disputes because (a) the management dislikes a particular trade union- problem of attitude.

(b) There are several unions making conflicting claims to recognition problem of existence or nonexistence of rules for determining the representative10 union.

Consequences/ Impact of Industrial disputes

Wastage of man days and dislocation in the production work. Other producers also suffer. Shortage in supply of consumer goods and then increase in prices. Employers suffer - reduction in sale, loss of profits, loss of market, expenses on strike breakers, maintaining police force and loss of public image.
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Workers suffer:
Loss of wages, debt problems, personal hardship, mental agony, workers are victimised, kidnapped and beaten up. If strike ends unsuccessful will demoralise, disappoint the workers. A strike in public utility services will cause unnecessary hardship to the society. Law and order problems expenses to the government.

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Industrial disputes

Strikes

Lock-out

Gherao

Picketing and boycott

General strike Sympathy strikes Stay away strike Pen down strike Go slow Work to rule Token strike Lightning strike
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