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Industrial Dispute

According to Section 2(k) of the Industrial


Disputes Act, 1947 "industrial dispute" is
defined as,
"Any disputes or differences between
employers and employers, or between
employers and workmen, or between
workmen and workmen, which is connected
with the employment or non-employment or
the terms of employment or with the
conditions of labour, of any person."
Industrial Dispute
Explained
Let us understand that the definition identifies three
parties to disputes. They are:
(i) Employers and Employers
(ii) Employers and Workmen
(iii) Workmen and Workmen

Industrial dispute is disagreement and difference


between two disputants, namely, labour and
management. This disagreement or difference
could be on any matter concerning them individually
or collectively. It must be connected with
employment or non-employment or with the
conditions of labour.
Weapons used by
“Labour”
1) Strike. When workers collectively cease to work in an industry, it is known
as strike. Strike can be defined according to the Industrial Disputes Act,
1947 as:
"It means a cessation of work by a body of persons employed in an industry
acting in combination; or a concerted refusal of any number of persons who
are or have been so employed to continue to work or to accept
employment; or a refusal under a common understanding of any number of
such persons to continue to work or to accept employment".
(2) Boycott. The workers may decide to boycott the company in two ways.
Firstly by not using its products and secondly by making an appeal to the
public in general. In the former case, the boycott is known as primary and in
the latter secondary If is a coercive method whereby the management is
forced to accept their demands.
(3) Picketing. When workers are dissuaded from work by stationing certain
men at the factory gates, such a tep is known as picketing. If picketing does
not involve any violence, it is perfectly legal.
(4) Gherao. Gherao in Hindi means to surround. The workers may gherao the
members of the management by blocking their exits and forcing them to
stay inside their cabins. The main object of gherao is to inflict-physical and
mental torture to the person being gheraoed and hence this weapon
disturbs me industrial peace to a great extent.
Weapons used by
“Management”
1. Employers' Association. The employers may form their unions
to collectively oppose the working class and put pressure on the
trade unions.

 2. Lock-out. An employer may close down the place of


employment temporarily. Such a step is technically known as
lock -out. It is the reverse of a strike and is a very powerful
weapon in the hands of an employer to pressurise the workers to
return to the place of work. According to the Industrial Disputes
Act, 1947, "lock-out means the closing of a place of employment
or the suspension of work, or the refusal by an employer to
continue to employ any number of persons employed by him.

 3. Termination of Service. The employers may terminate the


services of those workers who are on strike by blacklisting them.
Their lists may be circulated to other employers so as to restrict
their chances of getting employment with those employers.
Cause of Industrial
Disputes
 1. Economic Cause: These causes may be classified as:
 Demand for increase in wages on account of increase in all-India Consumer Price
Index for Industrial Workers.
 Demand for higher gratuity and other retirement benefits.
 Demand for higher bonus.
 Demand for certain allowances such as:
 House rent allowance
 Medical allowance
 Night shift allowance
 Conveyance allowance
 Demand for paid holidays.
 Reduction of working hours.
 Better working conditions, etc.
Cause of Industrial
Disputes
 2. Political Causes: Various political parties control
Trade unions in India. In many cases, their
leadership vests in the hands of persons who are
more interested in achieving their political interests
rather than the interests of the workers.
 3. Personnel Causes: Sometimes, industrial
disputes arise because of personnel problems like
dismissal, retrenchment, layoff, transfer, promotion,
etc.
 4. indiscipline: Industrial disputes also take place
because of indiscipline and violence on the part of
the workforce. The managements to curb
indiscipline and violence resort to lock -outs
Cause of Industrial
Disputes
 5. Misc. causes: Some of the other causes
of industrial disputes can be:
 Workers' resistance to rationalization introduction
of new machinery and change of place
 Non- recognition of trade union
 Rumors spread out by undesirable elements
 Working conditions and working methods
 Lack of proper communication
 Behavior of supervisors
 Inter trade union Rivalry etc.