ILR UNIT II

7/31/2019 ILR UNIT II

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INDUSTRIAL RELATIONS ANDLABOUR WELFAREUNIT II


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UNIT II-SYLLABUS

INDUSTRIAL CONFLICTS: Disputes Impact

Causes Strikes Prevention Industrial

Peace Government Machinery Conciliation

Arbitration Adjudication


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INDUSTRIAL DISPUTES-MEANING

According to Section 2(K) of the Industrial Disputes

Act, 1947, and industrial dispute 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 non-employment

or the terms of employment or with the conditions of


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CAUSES OF INDUSTRIAL DISPUTES

Managements general indifferent attitude towards

workers or employees Mental inertia on the part of both management and

labour

Lack of proper fixation of wages Bad working conditions

Attempts by management to introduce changes (eg:

automation)


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CAUSES OF INDUSTRIAL DISPUTES

Lack of competence or training on the part of

first-line supervision in the practice of human

relations.

Assignment of unduly heavy work-loads to

worker

Lack of strong and healthy trade unionism

A spirit of non-cooperation


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CAUSES OF INDUSTRIAL DISPUTES A fall in the standard of discipline among employees

due to wrong or improper leadership Difference in regard to sharing the gains of

increased productivity

Inadequate collective bargaining agreements Legal complexities in the industrial relations

machinery

Political environment of the country


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FORMS OF DISPUTES


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STRIKE

Strike means a cessation of work by a body of

persons employed in any industry acting in

combination; or a concerted refusal or a refusal

under a common understanding or a number of

persons who are or have been so employed to

continue to work or to accept employment


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TYPES OF STRIKEStay-in, sit-down, pen-

down strike

Go-slow

Sympathetic strike

Hunger strike

Work-to-rule

Lightning or wildcatstrike


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LOCKOUT

Section 2(1) of the Industrial Disputes Act, 1947

defines lockout to mean the temporary closing of a

place of employment or the suspension of work, or the refusal by an employers to continue to employ

any number of persons employed by him, lockout,

thus, is the counterpart of strike the correspondingweapon the hands of employer to resist the

collective demands of workmen or to enforce his

terms


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GHERAO

Gherao means encirclement of the managers to

criminally intimidate him to accept the demandsof the workers

It amounts to criminal conspiracy under Section

120-A of the I.P.C. and is not saved by Sec. 17

of the Trade Unions Act on the grounds of its

being a concerted activity.


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REGULATION OF STRIKES AND LOCK-OUTS

Illegal strikes and lockout are of two types:

Those which are illegal form the time of their

commencement

Those which are not illegal at the time of commencement but become illegal

subsequently.


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REGULATION OF STRIKES AND LOCK-OUTS

Section 22 and 23 of the IDA provide for certain restriction which if notfollowed make strikes and lockouts illegal from their very commencement.

According to this section, no person employed shall go on strike in breach of

contract-

Without giving notice of strike to the employer, as here matter provided,

within 6 week before striking; or

Within fourteen days of giving such notice; or

Before the expiry of the date of strike specified in any such notice as

aforesaid; or

During the pendency of any conciliation proceedings before a Conciliation

Officer and seven days after the conclusion of such proceedings.


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CONSEQUENCES OF ILLEGAL STRIKES AND LOCK-OUTS Penalty for illegal strikes [Sec.26(1)]

Penalty for illegal lock-out [Sec.26(2)

Penalty for instigation, etc. [Sec. 27]:

Penalty for giving financial aid for illegal strikesand lock-outs [Sec. 28]


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MACHINERY FOR PREVENTION AND

SETTLEMENT OF INDUSTRIALRELATIONS

Voluntary Methods Government Machinery Statutory Measures

Code of Discipline

Tripartite Machinery

WorkersParticipation

CollectiveBargaining

I.D. Act, 1947 State Acts

Labour Administration(States & Central Levels)

WorksCommittee

Conciliation Voluntary Arbitration

Court of Enquiry Adjudication

Conciliation BoardConciliationOfficers Labour Court

Industrial

Tribunal

National

Tribunal

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