INDUSTRIAL CONFLICTS

Industrial dispute means any dispute or difference between employers and

employers, or between employers and workmen or between workmen and workmen,
which is connected with the employment or non-employment or terms of employment
or with the conditions of labor of any person.
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Book: INDUSTRIAL CONFLICTS
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Date: Thursday, 28 January 2021, 2:40 PM
Table of contents
1 DEFINATION OF A DISPUTE/CONFLICTS
2 CAUSES AND TYPES OF INDUSTRIAL CONFLICTS
3 PREVENTION OF INDUSTRIAL CONFLICTS
4 SETTLEMENT OF CONFLICTS
1 DEFINATION OF A DISPUTE/CONFLICTS
Industrial dispute means any dispute or difference between employers and
employers, or between employers and workmen or between workmen and workmen,
which is connected with the employment or non-employment or terms of employment
or with the conditions of labor of any person.
2 CAUSES AND TYPES OF INDUSTRIAL
CONFLICTS
CAUSES OF INDUSTRIAL CONFLICTS
It is not easy to identify a single factor as a cause of industrial conflicts as multifarious
causes blended together result in industrial disputes.
Causes of industrial conflicts may be grouped into four categories;
Industrial factors
Management attitudes towards workers
Government machinery
Other causes
TYPES OF INDUSTRIAL CONFLICTS
Industrial conflicts are basically two types;
Strikes
Lock-outs
Strikes are the result of more fundamental maladjustments, injustices and economic
disturbances. Strikes are a temporary cessation of work by a group of employees in
order to express grievances or to enforce a demand concerning changes in work
conditions. Strikes are divided into primary strikes and secondary strikes. Primary
strikes are generally against the employer with whom the disputes exit. They take the
form of stay away strike, sit-in, sit-down, pen-down, tools-down or mouth-shut strikes,
go slow, work-to-rule, token or protest strike, lightening or wildcat strike, picketing or
boycott.
The Outcome of the Strikes
The outcome of the strikes include; Settlement of the dispute in favor of employees,
loss of work, loss of jobs by employees, loss of earnings by employees, inconveniencies
to customers, suppliers and market intermediaries.
Lock-outs means the action of an employer in temporarily closing down or shutting
down his undertaking or refusing to provide his employees with work with the
intention of forcing them either to accept demands made by him or to withdraw
demands made by them on him.
Lock-out is used with some intention thus to coerce or force the workmen to come to
terms. Lockouts, thus, necessarily involves an over act on the part of the employer
involving an element of motive of ill-will. In the absence of this over act, the
temporary suspension of work would not amount to a lockout and the workmen
cannot claim wages for the period of closure.
But the following does not constitute LOCKOUT
Prohibiting an individual employee is not lockout
Termination of employment by retrenchment does not amount to lockout
Termination of services of more than one person at the same time would not
lockout
 Declaration of lockout by an employer merely on the ground that the workmen
have refrained from attending work
Loss of income to the employees
Loss of property to the employer
Loss of employment
Inconvenience to the customers and general public
Inconvenience to the suppliers and market intermediaries
Loss of income to the 1 shareholder
Loss to the economy
3 PREVENTION OF INDUSTRIAL CONFLICTS
PREVENTION OF INDUSTRIAL CONFLICTS
Lobour welfare Officer;
Specifies that every factory where in 500 more workers are ordinary employer, at
least one Welfare Officer must be appointed, where the number of workers is in
excess of2500, the assistant and additional welfare officer are required to be
appointed to assist the welfare officer.
Tripartite and bipartite bodies
Industrial relations have been shaped largely by the policies and practices of tripartite
and bipartite bodies. The purpose of consultative machinery is to bring the partners
together for mutual settlement of differences in the spirit of co-operation and
goodwill.
Standing orders;
Majority of the industrial disputes are related to conditions of employment. To
prevent the industrial conflicts relating to employment conditions, standing orders
are formulated. It was made obligatory that standing orders should govern the
conditions of employment under the industrial employment orders.
Grievance procedure;
Generally arise from day-to-day working relations. Grievances of the employees are
redressed by the management. Management can prevent the occurrence of industrial
disputes by solving the individual problems.
Collective Bargaining;
As discussed earlier, collective bargaining helps for settlement of issues and
prevention of industrial disputes. Government also help trade unions and government
to come closer to each other and come to an agreements.
Strong trade unions;
Strong trade unions have the stability of membership, sound financial position and
healthily policies. Such unions think and act constructively for the mutual benefit of
the employees and management.
Labour Co-partnership and profit sharing;
Create a sense of belongingness among the employees and they feel that they are the
partners in the company. As such, they think and act for the benefit of the company
Joint consultations
Joint consultation between the employees and employer air the differences between
them and prevents industrial conflicts.
4 SETTLEMENT OF CONFLICTS
SETTLEMENT OF CONFLICTS
The methods of the settlement of conflicts generally include;
Investigation; this is conducted by a board or court appointed by the government. It
may be voluntary or compulsory. If the investigation is conducted on an application
by either or both the parties to the dispute, it is voluntary.
Mediation; Another attempt to settle disputes are mediation. In this method, an
outsider assists the parties in their negotiation. It takes place with the consent of both
the parties. The mediator performs the messenger’s job for both the parties and he
neither imposes his will nor his judgment upon them.
Conciliation; the main objective of a conciliation and arbitration is to reunite the two
conflicting groups in the industry in order to avoid interruption of production,
distrust. Conciliation is a process by which representatives of both workers and
employers are brought together before a third party with a view to persuading them
too arrive at some sort of settlement.
Voluntary Arbitration; if the two parties to the disputes fail to come to an agreement,
either by themselves or with the help of mediator or conciliator, who agrees to submit
the dispute to an impartial authority, whose decisions, they are ready o accept
Compulsory Arbitration/ Adjudication; where trade unions are weak, the method of
compulsory arbitration is used. Compulsory Arbitration is utilized generally when the
parties fail to arrive at a settlement through the voluntary methods.