Dispute Act

7/27/2019 Dispute Act

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Industrial dispute

actSubmitted by

Reshma


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Industrial dispute

An industrial dispute may be defined as

a conflict or difference of opinion

between management and workers onthe terms of employment.

It is a disagreement between an

employer and employees'representative; usually a trade union,

and other working conditions and can

result in industrial actions.


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When an industrial dispute occurs, both

the parties, that is the management and

the workmen, try to pressurize eachother. The management may resort to

lockouts while the workers may resort

to strikes, picketing or gheraos.


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Definition of ID

Disagreement or controversy

between management and

labour with respect to wages,working conditions, other

employment matters or unionrecognition.


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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 orwith the conditions of labor.


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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 followingobjectives


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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


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Prevention of illegal strikes & lockouts

Relief to workmen in case of layoff &

retrenchment

Promotion of collective bargaining


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Causes of Industrial Disputes.

1.They want more and more monetary

rewards and want to do less work.

2. Lack of proper fixation of wages.3. Bad working conditions.

4. Attempts by management to

introduce changes without creating a

favorable appropriate climate or

environment for the same.


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5. Lack of training given toemployees.

6. Assignment of unduly heavywork-loads to worker, unfair labourpractices.

7. Lack of strong and healthy tradeunionism


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8. A spirit of non-cooperation and a generaltendency among employees to criticize oroppose managerial policies

9. Difference in regard to sharing the gainsof increased productivity

10. Inadequate collective bargainingagreements.

11. Legal complexities in the industrialrelations machinery or settlement ofindustrial disputes.


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12. Not successful in implementinglabour laws and inadequacy of labourlaws.

13. Political environment of thecountry; and Agitation and wrongpropaganda by selfish labour leaders tofurther their own interests of their ownparty.


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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


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Lock outSection 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


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Gherao- means encirclement of themanagers to criminally intimidate him to

accept the demands of the workers.


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Lay offsection 2(kkk)

Employer refuses to give

employment due to specifiedreasons such as shortage of coal,power, raw materials , break down

of machinery , natural calamity orany other reasons


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Voluntary Methods

Code of Discipline

Tripartite Machinery

Workers Participation

Collective Bargaining


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Government machinery

Works Committee

Conciliation Board, Officers

Voluntary Arbitration

Court of Enquiry

Adjudication - Labor Court

National Tribunal

Industrial Tribunal


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Statutory Measures

I.D. Act, 1947

State Acts


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Voluntary

methods


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Code of Discipline

Formally announced in 1958.

provides guidelines for the workers,

unions and employers.

The code which was approved by

major national trade unions andprincipal organization of employers


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Tripartite machinery

consist of various bodies.

Indian Labour Conference, The

Standing Labour Committee, TheInternational Committees, TheCentral Implementation and

Evaluation Committee.


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These committees include

representatives from centre and

the states, and the same numberof workers and employers from

the organizations.

Committees are basically of

advisory nature


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Workers Participation in

Management

Process by which employees

either individually orcollectively, become involved inone or more aspects oforganizational decision makingwithin the enterprises in whichthey work.


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Collective bargaining

it is a process of negotiations between

employers and the representatives of a unit

of employees aimed at reaching agreements

that regulate working conditions. Collectiveagreements usually set out wage scales,

working hours, training, health and

safety, overtime, grievances mechanisms andrights to participate in workplace or company

affairs.


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Government

machinery


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Works committee

. setting up works committees in

every organization having 100 ormore employees for maintaininga harmonious relations at the

work place and sort out thedifference if any


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Conciliation officers

When the services of a neuralparty are needed for theamicable solution of a dispute

between the disputing parties,this practice is known asconciliation. Conciliation officersare those who appointed by the

government to solve the dispute


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Board of conciliation

:

The Board of Conciliation is a higherforum and is constituted for a specificdispute. It consists of equal number ofrepresentatives of employers and

employees under the chairmanship ofan independent person, appointed bythe government. The Board has tosubmit its report to the governmentregarding the dispute within twomonths from the date dispute wasreferred to it. However, depending onthe case, the period can be extended

.


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Voluntary arbitration

Voluntary arbitration: In case of existed orapprehended dispute, the disputing partiescan enter into an arbitration agreement in

writing. The success of voluntary arbitrationdepends on a sufficient degree of mutual

confidence in decision by agreement onsubjects which may be submitted

for arbitration.


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Court of enquiry

This body basically is a fact-finding agency,

constituted just to reveal the causes of thedisputes and does not care much for thesettlement thereof. The Court of Enquiry isrequired to submit its report to the governmentordinarily within six months from the

commencement of enquiry. The report of thecourt shall be published by the government

within 30 days of its receipt.


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Adjudication

If the dispute is not settled by any other

method, the government may refer it for

adjudication. Hence it is a compulsory

method which provides for three-tier systemfor adjudication of industrial disputes. They

are Labor Court

National Tribunal

Industrial Tribunal


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Statutory

measures


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Indian Constitution

Factories Act

Industrial disputes Act

Wages Act

Minimum Wages Act


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Trade Unions Act

Bonus Act

Provident Fund Act Employees State Insurance Act

Gratuity Act

Maternity Benefit Act

Workmens compensation Act


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Thank youEndowment

Dispute Act

Documents

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