You are on page 1of 17

Industrial disputes

Industrial unrest
 It is inherent in the interests of capital & labor as
parties to the employment relationship.

 It is a struggle over values & claims to scarce status ,


power & resources, in which the aims of the
opponent are to neutralize, injure or eliminate the
rivals.

 Organization conflict refers to an interactive process


manifested in incompatibility, disagreement or
dissonance within or between social entities.

 http://labourbureau.nic.in/id2K4%20Contents.htm
 Hold behavioral preferences that are
incompatible with the implementation of each
others preferences
 Want some mutually desirable resource that
is short in supply
 Have contradictory preferences regarding
their joint actions.
 On September 22, 2008 the CEO of Graziano Transmissioni India,
the Indian unit of an Italian auto component maker, was clubbed to
death by a group of 200 workers.

 In March 2011, a Deputy General Manager (Operations) of Powmex


Steel, a unit of Graphite India Ltd. was killed after his vehicle was
set afire by irate workers,

 in November 2010 an Assistant General Manager of Allied Nippon,


an auto parts maker, was stoned to death by angry workers,

 in September 2009 the Vice-President (HR) of Pricol was beaten to


death by agitating workers, and many more.

 The most recent worst form of industrial unrest was witnessed in


the Maruti Suzuki India Ltd., Manesar plant, where workers went
into riotous, leaving its General Manager (HR) dead and 100 other
officials laid up in hospital with serious injuries.
 HONDA- The problems in the auto-belt in Haryana date
much earlier, from 2005 in fact. On 25th July 2005,
about 300 to 700 workers of Honda Motorcycles and
Scooters India (HMSI) were reported injured in a clash
with Haryana police. About 3000 workers were protesting
a lockout of their factory and the dismissal of some
colleagues.

 HYUNDAI: A 17-day strike starting 20th April 2009, at


Hyundai Motors India Ltd's [HMIL] Sriperumbudur in
Tamil Nadu, ended after management and employees
reached a settlement when the management agreed to
recall some of the suspended workers.

 MARUTI SUZUKI: significant strike that took place thrice


(June, September and October 2011)

 OTHER STRIKES: Toyota, Rico Auto Industries etc


Industrial conflict is general where Industrial dispute is specific.
For a dispute to become an industrial dispute, it should satisfy the
following essentials:
There must be a dispute or a difference (a) between employers (such as
wage-warfare where labor is scarce);
(b) between employers and workmen (such as demarcation
disputes): and
(c) between workmen and workmen.

It is connected with the employment or non-employment or the terms


of employment or with the conditions of labor of any person (but
not with the managers or supervisors), or it must pertain to any
industrial matter,

The relationship between the employer and the workman must be in


existence and should be the result of a contract and the workman
actually employed.
1. The dispute must affect a large group of workmen who have a community
of interest and the rights of these workmen must be affected as a class.
In other words, a considerable section of employees should necessarily
make common cause within the general lot.

2. The dispute should invariably be taken up by the industry union or by an


appreciable number of workmen.

3. There must be a concerted demand by the workers for redress and the
grievance becomes such that it turns from individual complaint into a
general complaint.

4. The parties to the dispute must have direct and substantial interest in the
dispute, i.e., there must be some nexus between the union which
espouses the causes of the workmen and the dispute.

5. If the dispute was in the beginning in an individual's dispute and


continued to be such till the date of its reference by the government for
adjudication, it cannot be converted into an industrial dispute by support
subsequent to the reference even of workmen interested in the dispute.
By incorporating Section 2A in the Industrial
Disputes Act, 1947, a right has been given to
the individual workman himself to raise an
industrial dispute with regard to termination,
discharge, dismissal, or retrenchment of his
service, even though no other workman or
any trade union of workmen raises it or is a
party to the dispute.
 Industrial factors

 Management Attitude towards labor

 Government machinery

 Other causes
 Primary Strikes
 Stay away strikes , tool down ,pen down,
go slow, work to rule, token or protest strikes.
 Secondary Strikes- against the third party.
 Others - political bandhs
 Lock-Outs
 Gherao
 Picketing and Boycott
1.Interest Disputes.

2.Grievance Disputes.

3.Unfair Labor Practices.

4.Recognition Disputes.
A. Investigation
B. Mediation
C. Conciliation
D. Voluntary Arbitration
E. Compulsory Arbitration /Adjudication
 Labor courts

 Industrial Tribunal

 National Tribunal
 Efforts are made to solve problems at the
lowest level of the hierarchy as quickly as
possible
 First step usually involves a meeting between
the union representative (shop steward) at the
operating level and the employee’s supervisor –
they attempt to agree on how to solve the
grievance
 Unresolved grievances may involve union
officials and higher-level management
representatives – these conciliatory approaches
usually solve the grievance
 Sometimes the matter ends up in the hands of
a mediator or an arbitrator

You might also like