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RANJITH KK S2 MBA GIMS KADAKKAL

INDUSTRIAL DISPUTE ACT 1947

DISPUTE
Dispute means different or disagreement over some issues over some parties .as regards its settlement proceeds as per the legal provisions contained in the industrial dispute Act 1947

definition
According to sec 2(k) of industrial dispute act ,1947,the term 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 and conditions of employment of any person

Forms of industrial dispute

1 strikes :- most important form of dispute - suspension of work by a group of person employed in any industry - acting in combination or a concerted refusal under a common understanding of any number of persons

A primary strikes - aimed against employers Eg; stay-away strike , sit-down, pen-down etc B- Secondary strikes - it is also called sympathy strikes -not against employer, against third party have direct connection with employer - Popular in USA

2 - Lock-outs - it is counter part of strikes - look out is withholding demand - weapon used to shut-down the work till worker agree to work on said conditions - common in educational institutions and university

3 Gherao :- means surround - physical blockade of managers - object is to compel the gheraod person to accept the workers

4 picketing and boycott :- request workers to withdraw co-operation to the employer - through play cards, banners drew the attention of public - boycott aims at disrupting the normal functioning of the orgn - striking people appeal others for voluntary withdrawal of co-operation

Causes of industrial dispute

1- economic causes wages, bonus, allowances, incentives 2 management practices threat of use of coercion in exercising the rights of workers unwilling to recognize a particular trade union benefit offered is not satisfactory

3 trade union practices multicity of trade union leads to inter union rivalry what they do is right and what mgt do is wrong 4 legal and political factors multiple labour laws minimum wages vary widely across different states

Methods of settling industrial dispute

1 conciliation the govt appoints a conciliation officer or a board to mediate b/w employer and employee for solving the problem or for mutual understanding

2 Arbitration govt appoints an arbitration officer ,who investigate and take a decision which binding both the parties employer and employee mutually decides to go arbitration it is called voluntary arbitration if govt refers it is called compulsory arbitration

3 adjudication industrial dispute is referred to judiciary zone A- Court of inquiry :- govt appoint court for investigating and fact finding, court of inquiry have the power of civil court B-tripartile body:a-labour court- mainly deals with issues mentioned in employment standing order act

judges should be a high court judge b- industrial tribunal- mainly deals with matters relate to 2nd and 3rd schedule mentioned in industrial dispute act c- national tribunal- based on national importance