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Industrial Conflict

2022 SOCIOLOGY-COMPLETE SOLUTIONS

Industrialization has also brought with it some new socio-economic problems. New divisions have emerged in the society. Industrial conflict arises when there are differences between employers and employees, between employers and workers, or between workers and workers. It is usually associated with terms of employment or non-employment, terms of employment or terms of labor. Industrial conflict is not between an individual worker and the management. If an individual dispute is taken up by other workmen or majority of the employees of the establishment, it becomes an industrial dispute.

Origin of Industrial Conditions:

Modern industrialism has not been the unmixed blessing that made it

Due to the absence of workers, the gulf between management and labor is that the ownership of the means of production power is concentrated in the hands of a few entrepreneurs, while the majority of workers are now relegated to the insignificant position of high wage earners. For this most of their demands can be satisfied if they are concrete and aware of the fact that they can resist these demands. This refusal or refusal to meet their genuine demands often lead to discontent on the part of the workers, their distress and even violent activities on their part, with hundreds of productions and losses to both workers and employers.

The conflict of interest of management and labor is inherent in the capitalist form of organisation. Each entertains ambitions which cannot be realised. As a result there is enmity between them. Maximizing the profit of the management may require changes in the type of goods produced, installation of new machinery, adoption of new methods of production which involve loss of hard working skills, on the other hand retrenchment and compulsory retirement of employees. Migration, expectation and demand of workers, stability in their income security of employment, security of skills and improvement in their status.

Profit maximization may require authoritarian administration of the enterprise, strict supervision of the worker, maintenance of strict discipline and complete adherence to the rules of the enterprise. opposite of this

workers can demand a share in the management of the enterprise, have a voice in the formulation of orders. and scope for self-expression and respect for the dignity of their personality. “It is therefore not a general struggle over the sharing of the fruits of industry: the fact of the existence of wide clefts in power between the “hands that produce” and

“The hands that control the means of production.” has become a major source of conflict between management and labor.

Industrial Conflict / Dispute

Industrial dispute is a relatively general concept. When it acquires specific dimensions, it becomes an industrial dispute. Various terms, such as industrial dispute, labor dispute or “trade dispute” are used between employers and workers in different countries. are used to identify the difference. In this book these terms are treated as equivalent and for the sake of social simplicity are used to denote “industrial disputes” only.

Definition and essentials on a dispute:

According to the Industrial Disputes Act, 1947, Section 2(k), “Industrial disputes means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, arising out of employment or non-employment or employment Relating to the conditions of, or with the conditions of, a person’s labour.

For a dispute to be an industrial dispute, it must satisfy the following essentials.

i) There must be a dispute or difference a) between employers and employers (eg wage-war where labor is class);
b) between employers and workers (such as boundary disputes); and c) between workers and workers:
ii) It is connected with non-employment or conditions of employment or conditions of labor of a person (but not with supervisors but managers) or it should be related to any industrial matter.

iii) a worker does not draw wages exceeding Rs.1,000 per month and

iv) A relationship between the employer and the workman must exist and result in a contract and the workman must be actually employed.

The term industrial dispute has been interpreted and analyzed by the courts in different indifferent care positions. Certain principles for judging the nature of the dispute were thus incorporated by the courts.

1) The dispute must affect a large group of workmen who have a community of interest and the rights of the workmen there must be affected as a class, a large class

Employees must necessarily make common cause within the normal latitude

2) Invariably the dispute should be taken up by a large number of workers through an industry union.

3) There must be a concrete demand by the employees for redressal and the grievance is such that it turns from a personal grievance to a general grievance.

4) The parties to the dispute must have a direct and substantial interest in the disputes, i.e. use of some nexus between the union which espouses the cause of the workmen and that which disputes. In addition, the union should fairly claim a representative character.

5) If the dispute was initially an individual’s dispute and continued up to the date of its reference by the Government for decision, it cannot be converted into an industrial dispute by endorsement after reference to the workmen interested in the dispute. ,

By incorporating section A in the Industrial Disputes Act, 1947, a person has been given the right to set up his own industry to the workers themselves.

Disputes relating to termination of his service, discharge, dismissal or retrenchment, whether or not any other worker or trade union of workers is a party to the dispute.

Patterson observed: “Industrial strikes/disputes again constitute militant and organized protest against existing industrial conditions. They are a symptom of industrial unrest in the same way as the Board is a symptom of an abandoned system.

Thus industrial unrest becomes organized when workers take common cause of their grievances against the employers through strikes, demonstrations, dharnas, morchas, gates, sit-ins, gheraos etc.

Classification of Industrial Disputes:

The most common practice is to distinguish between two main types of disputes, which relate to their terms of employment.

a) disputes arising out of head lock in negotiations for collective agreement, popularly known as interest disputes,’ and
b) Disputes arising out of day to day grievances or complaints of the employees which are commonly known as grievance disputes. simultaneously,

Special provisions apply to two other types of organizational rights in different countries.

c) those arising from the work of estimates with the exercise of the right to organize, or commonly known as unfair labor practices and,
d) A dispute over the right of a trade union to represent a particular class or category of workers for the purpose of collective bargaining, simply called a recognition dispute.

Contract Disputes:

These disputes are also called conflicts of interest or economic disputes. They generally correspond to what are called collective layout disputes in some counties. In general, they are concerned with the determination of new terms and conditions of employment for the general body of workers. In most cases, disputes arise over trade union demands or proposals for improving wages, job security of fringe benefits, or other terms, or conditions of employment.

are generated from them. There demands or offers are generally made with the conclusion of the agreement. Disputes arise when the parties fail in their negotiations to reach an agreement on outstanding issues.

Since there are generally no mutually held standards that can be retired to arrive at a settlement of interest conflicts, the resource must be for bargaining power, compromise, and sometimes economic settlement. As the issues in their disputes are “conciliatory”, they lend themselves best to conciliation, and the parties are better off giving in and bargaining.

Grievances generally arise on such questions as discipline and non-payment of salary and other fringe benefits, working over time, curtailment of rights, promotion, demotion, transfer rights of seniority, rights of supervisors. , fulfillment of obligations related to safety and health set forth in the work rule agreement for union officials, collective agreement regarding job classification problems. In some countries complaints arise specifically on the application of the interpretation of collective agreements. Complaints arise especially on the application of the interpretation of collective agreements. Grievances conflict such complaints, if not dealt with in accordance with the procedure to be respected by the parties, often lead to differences in working relations and industrial strike environments.

There is a certain standard for setting up grievance disputes. relevant provisions of the collective agreement, employment

contracts, work rules or regulations, or customer use. In many countries, labor courts or tribunals conduct voluntary arbitrations to settle them.

Controversy over Unfair Labor Productivity:

The most common unfair practice in industrial relations parlance is attempting to manage an undertaking or participate in trade union activity. In most cases, the objects of this discriminatory treatment are union officials or representatives employed in the undertaking and trade unions actively participating in the strike. Other unfair labor practices generally relate to interference with, prevention of, or coercion against employees when they exercise their right to join or assist in the establishment of an employer’s union, the supported union’s refusal to bargain collectively. , in harmony with the recognized association; Recruiting new employees during a strike which is not an illegal strike, an award, settlement or failure to enforce an agreement, involvement in force or violence, etc.

These unfair labor practices are also known as trade union harassment in various countries. In many countries, a special procedure is available under the law for the prevention of such practices. Such a process avoids or prevents reconciliation. In the absence of such a procedure, the disputes are settled as per the normal procedure prescribed under the Disputes Act.

Recognition Dispute:

This type of dispute arises when the management of an undertaking or employer’s organization is the referee.

Uses to recognize trade union for the purposes of bargaining aggregation.

The issues of recognition disputes differ according to the reasons for which management has refused recognition. It may be that the management dislikes trade unionism and has nothing to do with the trade union. The problem then lies in the attitude, as in the case of trade union harassment. However, there may be denials from the management on the grounds that the union requesting recognition is not representative enough. Such rules need not be prescribed by law; They may arise out of traditional or practices prevalent in the country. In many countries the guidelines for trade union recognition are set out in voluntary codes of discipline or in industrial relations charters accepted by employers’ and workers’ organisations.

Impact of Industrial Disputes:

The consequences of industrial disputes are far-reaching, as they disturb economic, social and political

countries, in their importance they are not inferior to the “war”. Just as in modern wars, casualties and suffering are not limited to soldiers fighting on the front lines, in the case of strikes, the adverse effects are not limited to workers. Though it initially starts at a local level, the war has every potential to engulf the entire humanity. Therefore industrial disputes sometimes take on a national character and affect the whole community. Workers, employers, consumers, communities and the nation are suffering in more ways than one.

Industrial disputes result in huge wastage of man-days and disorganization in production work. A strike in any system of public utility service such as water supply, electricity and gas supply units, post and telephone or telephone service railways or railways or public conservancy or sanitation defense establishments hospitals and dispensaries etc. disorganises the public and throws the economy out of gear Is. Gear and consumption are subject to unhold difficulties. If the community produced by a factory where workers are on strike is used in other operational production, other deficiencies also suffer. supplies of consumer goods when work stops

decreases, resulting in skyrocketing prices, and reads their unavailability on the open market.

Workers are also badly affected in more ways than one. They lose wages for the duration of the strike. Workers are prosecuted, often intimidated, even victimized or abducted and beaten as well as repressed by the police. Firing and arrest and loss of morals result. Often, the weak trade union itself is crippled and dies permanently or for a while.

Employers suffer heavy losses, not only through loss of production and loss of markets in sales, but also in the form of heavy expenditure incurred on crushing strike breakers and blacklegs, maintaining a police force and guards. A part from there the loss is so much that the loss of mental peace, respect and status in the society cannot be calculated in terms of money.

The public/society is also not deterred. Industrial unrest creates law and order problems, requiring increased vigilance on the part of the state. In addition, when disputes are also settled. Strikes and acrimony continue, jeopardizing social ties. as called for” strikes and lockouts are a great menace to public safety. They infringe upon the trunks of property and become malicious in their effect if not in their object, and they must be avoided by war or at any rate considered blocked.

Industrial disputes also affect the national economy. Pigou said, “When labor and equipment are rendered useless by a strike or lockout in the whole or any part of an industry,

The national dividend must suffer in a way that hurts economic welfare. This can happen in two ways. On the one hand, by actually pauperizing those involved in the stoppage, it reduces the demand for goods manufactured by other industries; Presents the service. in the operation of other industries. This reduces the supply of raw materials or equipment for their work. This results in reduction in production, ultimately, development activities cannot be taken up for lack of necessary finance to reduce national inefficiencies.

However there are many reasons for industrial conflicts. It is not always easy to find the specific cause or the cause involved in specific cases. Also the relative importance of the cause, when more than one is offended, if often very difficult to assess.

Despite this observation, it has been pointed out by industrial relations experts that the causes of conflict between labor and management are usually few, wherever capitalism dominates.

Mukherjee said, “The development of capitalist enterprise, meaning the control of the means of production by a small entrepreneurial class, brought to the fore the same problems of business.

Conflict between management and labor around the world.

Pro letter notes. “When people sell their services and spend their working lives on the premises of the buyer of those services, a varying amount of discontent, discontent and industrial unrest arise. Employers are particularly interested in high wages, healthy work opportunity to advance, satisfactory work in some voice in industrial matters and protection against loss of wages, government and arbitrary treatment. But when they are denied such things, they are forced to give up their rights. have to wash and stop working for employers to understand and redress their grievances-

Industrial relations can be cordial. In the latter case there may be several reasons which are historically rooted in political and socio-economic factors and attitudes of workers and their employers.

These reasons may be discussed under the following headings:

a) Industrial factors.
b) the attitude of management to labor,
c) government machinery, and
d) other reasons.

a) Industrial Factors:

Under this category, some of the reasons for dispute could be:

i) an industrial matter relating to employment, work, wages, hours of work, privileges, rights and obligations of employers and employers, terms and conditions of employment, including matters relating to:-
a) the dismissal or non-employment of a person.
b) registered agreement, settlement or award; And
c) Demarcation of the functions of an employee.

ii) an industrial dispute noting any difference which is properly defined as of material substance: i.e. a matter to which both parties are directly and adequately informed; or which is a grievance on the part of a worker which the worker is in a position to redress or which the parties are capable of settling between themselves or refer it for adjudication.

iii) Disputes often arise-

a) Rapidly growing population with no opportunities for gainful employment. Hence, there has been no improvement in the standard of living of the workers who demand higher wages which, if not met, often result in tainted industrial relations and strikes.
b) Rising unemployment. There was a backlog of 20 million at the end of the Fourth Five Year Plan and 30 million by the end of the Fifth Plan and 56 million during the Sixth Plan.

Idle manpower has always been a prolific source of turbulent and acrimonious industrial relations.

iv) Rapidly rising prices of essential commodities, their scarcity and/or non-availability trade off all their money value, resulting in lower real wages of workers. failure to pay a head based salary” and D.A. All there have created discontent among the workers and forced them to demand higher wages.

v) The attitude and temperament of industrial workers has changed due to their education, adoption of urban culture and progressive laws made for their benefit.

vi) Trade unions have often failed to protect the interests of the workers. The reasons for this stage of affairs are:
a) Inter-union rivalry and multiplicity of trade unions have destroyed the solidarity of the working class.
b) Non-recognition of certain trade unions as “bargaining agents” of their members.

c) Compulsory adjudication has made trade unions indifferent to the wages and working conditions of industrial workers which can now be determined by courts, tribunals and wage boards:
d) Trade unions generally do not care about any aspect of industrial workers’ life except their wages.
e) The trade union leader, who is not an industrial worker himself, has sore eyes.
f) Trade unions generally function on the basis of caste, language or communal considerations, which create ‘division’ rather than ‘unity’ of industrial labour.
g) Trade unions are unstable and short lived.

b) from the attitude of management to labor:
i) The management is generally unwilling to take up any dispute with the workers or their representatives or refer to ‘arbitration’ for the trade unions to do so. This has angered the workers.
ii) Sun’s desire of a management to give recognition to a particular trade union wanting delaying factories, which resort to while affirming the representative character of any trade union, has been a very useful source of industrial struggle .

3) Even when the representative trade union has been recognized by the employers, in many cases, they do not delegate sufficient authority to their functionaries to negotiate with their workers, even though the representatives of the layout may themselves be bound by a special agreement. be willing to commit to.

iv) When during negotiations for the settlement of a dispute, the representatives of the employers unnecessarily and unduly take the side of the management, which often leads to strikes, slow motion or lock-outs.

v) insistence of the Management who is solely responsible for recruitment, promotion, transfer of merit awards etc. and that it

The need for consultation with the employees in respect of any of these matters generally irritates the workers, who become uncooperative and unhelpful and often resort to strikes.

vi) The services and benefits provided by a management to its employees promote harmonious as employer employee relations. But a large number of managements have not taken any steps to provide these benefits and services to their employees.

c) Government Machinery:

i) Though there are many enactments to promote harmonious relations, yet these have been ineffective or unsatisfactory in most cases because
a) their irrelevance in the face of the challenges of the present industrial environment/culture, as many have not been satisfactorily convinced of their unity;
b) their inability to understand and respond to the imperatives of development;
c) Poor and inadequate implementation by many employed.

ii) The conciliation machinery of the Government has helped settle a very small number of disputes because;
a) There is little confidence in it by both employers and employees,
b) both have become litigation-minded
c) It is inadequate, as the number of disputes referred to in it is huge and the staff dealing with them are woefully inadequate, especially in addition to labor disputes, it is called upon to see that labor laws are properly implemented. is done; And
d) The offices dealing with conciliation proceedings are given little training to deal with referred problems or disputes.

Reasons for conflict:

Conflicts between management and employees may arise due to very minor cases where industrial relations are bad. The causes of conflicts can be classified as:

a) Economic reasons: Wages, bonus, overtime pay etc.
b) Political Reasons: Political instability, their affiliation with various parties and unions.
c) Social Causes: Low morale, permissiveness, bankruptcy of social values and norms in the society.
d) Psychological Causes: Conflict in individual and organizational objectives, motivational problems, personality and attitudes.
e) Technological Reasons: Unsuitable technology i.e. difficulty in technology adaptation, resistance to change fear of unemployment.
f) Market conditions: rising prices and shortages.
g) Legal reasons: Inadequacy of the legal system, injustice.

Approaches to Industrial Relations:

There are various approaches to industrial relations that attempt to explain why industrial conflicts occur and how they can be resolved. Some of these approaches are discussed below.

1) Systems Approach: Structural of ‘Talcott Parsons’

Borrowing from the functionalist perspective, John Dunlop regards industrial relations as a distinct sub-system of society on the same logical plane as an economic system. There are three sets of actors and their interrelationships are central to understanding the industrial relations system. a) a hierarchy of managers b) a hierarchy of workers c) specialized government agencies that deal with relations between workers and their organizations. By interacting with each other, these three groups of actors establish the rules that govern the workplace and work community.

Actors however are not free agents, their interactions are influenced by forces in the environment. Foremost among these forces are power relations in technology, markets, and wider society. For example, the technology used in different industries varies and creates significant differences in the skills required from workers and managers, the nature of supervision, patterns of work organization, and the role played by state regulatory agencies. The markets in which an enterprise operates have an impact on industrial relations. Firms operating in a competitive market are placed differently than monopolistic producers. Finally, the power relations of the wider society and the position of the three actors in this structure influence their business rules.

Generally the relations between these actors are stable and harmonious, even though their interests are diverse. Even though there may be conflicts of interest between actors, there is also a body of general ideals that each of these groups of actors have towards the others’ place and function in the system. This shared ideology and compatibility of views helps in resolving conflicts by making suitable rules.

2) Pluralism: This approach to personal relationships is most closely associated with the Oxford School of Britain. It is inspired by a) the sociological theories of Durkheim, who stressed the need for voluntary groups to intervene between the individual and society, and b) the important contributions of Sidney and Beatrice Webb to the study of labor organizations.

Pluralists argue that industrial organizations are a coalition of interest groups. It is headed by the top management which pays due concern to the interests of the employees, shareholders.

consumers, community etc. when

Management does not pay enough for labor needs, they (the latter) mobilize themselves to meet and negotiate with management on equal terms.

The conflicting interests of management and labor are not only natural but also necessary because it is only the competing social forces that can prevent and deter the exercise of autocratic powers. While pluralists acknowledge that conflict and competition are widespread, they also recognize that consensus is possible even when distance is involved.

3) Marxist Perspective: Like pluralists, Marxists are also concerned with conflict. For them, capitalist society is divided into classes with conflicting interests. The capitalist mode of production is the main cause of antagonism between classes. Conflict of interest leads to exploitation of labor by the management. The answer to this exploitation lies in class consciousness, i.e. the transformation of the proletariat from a class in itself into a class for itself and the class struggle.

4) Strategic Management: This is American in origin, dating back to the early 1980s and has spread far beyond the United States today. Although this approach is derived from Dunlap, it questions the relevance of trade unions and collective bargaining today in the face of radical changes in the environment.

With the globalization of production since the 1980s, there have been major changes in the industrial relations systems of Western industrial societies. This has resulted in stiff competition from powerful economies of newly industrializing countries like Singapore, South Korea, Taiwan etc. and survival of industries in developing countries forced to cut costs due to external competition and slowdown in their domestic. Economy. So employers began experimenting with decentralized bargaining and asked unions to withhold wages and reduce benefits. In short, this perspective argues that the process and outcome of industrial relations are determined by an ever-evolving interaction of environmental pressures and organizational responses.

Nature of Conflict and its Manifestations:

Conflict can occur at different levels i.e. within an individual, between members of a group and between groups. Organizations try to maintain harmonious industrial relations but some amount of conflict is inherent in the industrial structure. The three main groups in an industry – owners, managers and workers develop different orientations and perceptions of their interests. because of this

leads to friction and ultimately conflict. This ultimately manifests itself in the form of strikes by the workers and lock-outs on the part of the managers or employers.

Conflict is always seen as unhealthy and useless. It is a fact that strikes and lockouts result in loss of production and profits to owners, loss of wages to workers, irregular supply of goods and services to consumers and overall loss in gross national product and income at the national level. it happens.

On the other hand,

However, when viewed objectively, conflict can be beneficial. It can help maintain group stability by forcing groups to express their grievances and solve their problems. In this way it can prevent unhealthy turmoil and ill feelings within and between groups. Conflict also brings issues to the fore so that public opinion helps resolve them.

Conflict resolution:

As conflict is and will remain a fact of industrial society, it must be dealt with for the viability of an organization. There are various methods of conflict resolution and these can be broadly classified as 1) Government sponsored guidelines. 2) Statutory Measures and 3) Non-Statutory Measures.

1) Government-sponsored guidelines: Government labor departments, both at the Center and in the States, play an important role in maintaining industrial harmony. The central and state governments enact and administer labor laws. The Ministry of Labor and Employment of the Central Government is the main agency of policy for the nation and administration in all labor matters. Together with the State Governments, Local Bodies and Statutory Corporations/Boards, it looks into the implementation of these policies and the decisions of the tripartite committees. These four agencies are also responsible for the enforcement of labor laws.

2) Statutory measures relating to various types of machinery set up by the government under the Industrial Disputes Act 1947. This act provided for:

A) Working Committees
b) Conciliation Officer and Conciliation Board
c) Court of Inquiry and
d) Labor Court Industrial and National Tribunal.

The first two provisions constitute the conciliation mechanism. The Court of Inquiry was a fact finding agency. Labor courts and tribunals were the adjudicating authorities.

3) Non-statutory measures include a

a) Discipline Code
B) Tripartite Machinery
c) Workers’ Party

Inaction in management.

d) Collective Bargaining Schemes.

The code of discipline consists of self-imposed obligations voluntarily drawn up by a central organization of employers and workers. It provides guidelines for employers, workers and unions.

The tripartite machinery consisted of several bodies such as the Indian Labor Conference, Standing Labor Committee, etc. that were set up to deal with specific subjects. They include state and central government representatives and an equal number of workers’ and employers’ organizations.

The concept of workers’ participation in management (WPM) is considered as a mechanism where workers have a say in the decision-making process of the organization. WPM falls into several categories – informational, consultative, associative, administrative, and decision-making participation. Experiments by Blake, Mayo, Levin, and others popularized the belief that organizational effectiveness and morale can result in positive gains if employees are given the opportunity to participate in the management process.

The concept of collective bargaining was first identified by Sidney and Beat Rio Webb in Britain and also by Gompers in the United States. It is defined as “negotiation regarding working conditions and conditions of employment between an employer, a group of employees or one or more employer organizations on the one hand and one or more representative employee organizations on the other until agreement With a view to reach.

Some of the salient features of collective bargaining are:

1) It is a group process, where one group representing the employers and the other representing the employees sit together to negotiate the terms of employment.

2) It is a process which consists of several steps in it. The starting point is the presentation of a charter of demands and the final step is to reach an agreement, or a contract that serves as the basic law governing labor management relations in an enterprise over a period of time.

3) Negotiation is an important aspect of the collective bargaining process i.e. in collective bargaining there is a lot of scope for discussion, agreement or mutual transaction rather than confrontation.

4) It is a bipartisan process. Only the employer and the employee are involved in the bargaining process. There is no interference of third parties. The terms of employment are controlled by those directly concerned.

According to Flandeiro, collective bargaining is basically a political institution in which the rules are made by workers, employers and the trade union of the corporation or organization. Secondly, the two aspects of administration and law are closely related. Hence, there is to a large extent joint regulation by both the parties and it is governed by the traditions and customs that exist at the organization level. Finally, collective bargaining is not only an economic process but also a socio-economic one. Values, aspirations and expectations also play an important role.

Levels of Collective Bargaining:

Collective bargaining is generally structural and is conducted at three levels at the plant, industry and national level.

The plant level is the basic or micro level unit where the interaction takes place between the management of the plant and the union(s) of the plant. The forerunners of the plant-level agreements were the Tata Iron and Steel Company Limited, 1956 and the Tata Workers Union for their agreement in 1959, between the Aluminum Company of India and its union in 1956.

Belur settlement.

At the industry level, many units in the same industry join together to form a union that negotiates with a similar status union. These agreements are broader in scope and contours than plant-level settlements. An example of these agreements is the National Mill Workers’ Association talks with the mill owners of Bombay.

At the national level, the terms of reference and scope are very broad but such agreements are not so common in India. In 1956, an agreement was reached between the Indian Tea Planters Association and representatives of the Indian Tea Association and representatives of the HMS on bonus for plantation workers.

In India, collective bargaining has been adopted by many industries as a method of wage fixation. Recently, the scope of collective bargaining has been expanding and it now includes issues such as

Workers’ participation in wages, bonuses, overtime, paid leave, paid sick leave, safety clothing, production standards, working hours, performance appraisals, management recruitment and modernization.

Conflict resolution:

2) Statutory measures relating to various types of machinery set up by the government under the Industrial Disputes Act 1947. This act provided for:

A) Working Committees
b) Conciliation Officer and Conciliation Board
c) Court of Inquiry and
d) Labor Court Industrial and National Tribunal.

The first two provisions constitute the conciliation mechanism. The Court of Inquiry was a fact finding agency. Labor courts and tribunals were the adjudicating authorities.

3) Non-statutory measures include a

a) Discipline Code
B) Tripartite Machinery
c) Workers’ Party

Inaction in management.

d) Collective Bargaining Schemes.

The code of discipline consists of self-imposed obligations voluntarily drawn up by a central organization of employers and workers. It provides guidelines for employers, workers and unions.

2022 SOCIOLOGY-COMPLETE SOLUTIONS

Some of the salient features of collective bargaining are:

1) It is a group process, where one group representing the employers and the other representing the employees sit together to negotiate the terms of employment.

Levels of Collective Bargaining:

Collective bargaining is generally structural and is conducted at three levels at the plant, industry and national level.

The plant level is the basic or micro level unit where the interaction takes place between the management of the plant and the union(s) of the plant. The forerunners of plant-level agreements are the Tata Iron and Steel Company Limited, the Tata Workers Union for their agreement in 1956 and 1959, the Belur Agreement between the Indian Aluminum Company and its union in 1956.

At the national level, the terms of reference and scope are very broad.

But such agreements are not so common in India. In 1956, an agreement was reached between the Indian Tea Planters Association and representatives of the Indian Tea Association and representatives of the HMS on bonus for plantation workers.

Collective Bargaining in India:

Collective bargaining has been widely accepted in the organized sector since independence. It took a back seat with the declaration of Emergency in 1976, but it saw the advent of a new chapter when the Emergency was lifted in 1977. This was a period when the power of the workers was at its height and even after

The ore collective bargaining took a phase of aggression, taking the workers by surprise. It took some time for management to deal with the resurgent labor movement but eventually it came up with a strategy when it decided to make demands on labor.

By the late 1980s, union power was established and employers had the upper hand. If large-scale strikes occurred in the late 1970s and early 1980s, by the late 1980s lockouts were the dominant method of industrial action. The Bombay Textile strike by workers in the early 1980s was comparable to lockouts by employers in Bata and Wimco in West Bengal and Hindustan Lever in Bombay. By the early 1990s, the management was ready with its strategy for industrial relations. He made collective bargaining the main instrument of his policy. According to Ramaswamy, productivity has increased dramatically as a result.

Thus the process of collective bargaining is bipartite in nature i.e. the negotiation takes place between the employers and the employees without the intervention of any third party. The purpose of continuing is to come to an agreement. If this process fails and the two parties do not reach a mutual agreement, the intervention of a third party becomes necessary. The conflicts are then resolved with the help of state intervention. This is in the form of the Industrial Disputes Act 1947 which provided for two types of machinery, one for improving amicable relations and preventing disputes and the other for settlement of disputes. Mechanisms to prevent disputes include several laws, committees, schemes, implementation of awards, disciplinary codes, grievance procedures, etc. Mechanisms for settling disputes include conciliation, arbitration and judicial mechanisms, all tripartite processes.

Tripartite Procedures for Settlement of Disputes:

Conciliation: It is a motivational process to settle disputes in industries. Conciliation, both voluntary and compulsory, in India implies that the state sets up a machinery consisting of professionals who are trained in the art of resolving disputes. brawlers

are not bound and do not accept, appoint or resort to this mechanism. The objective of the conciliator is simply to break the deadlock, express the point of view and suggest the message.

Compulsory conciliation, on the other hand, imposes obligations to submit disputes to conciliation. The settlement reached during conciliation proceedings is binding on all the parties to the dispute. The members of the Board of Conciliation who represent the disputing parties examine all matters affecting the case. If a settlement is reached, the Board sends a report to the Government containing the Memorandum of Understanding signed by the parties to the disputes. Even if the talks fail, a full report containing the action taken and steps taken and its recommendations has to be sent to the government.

Arbitration Machinery: When all other mechanisms fail to amicably resolve the dispute, the government may decide to refer the dispute to statutory bodies such as Labor Court Tribunals for compulsory arbitration. The disputing parties are compelled to abide by the awards of the arbitrator.

Changing Role of the State:

State is a major storehouse of power in modern society. State power is particularly influential in a developing country like India where it assumes responsibility for economic development and controls the allocation of scarce resources among competing needs.

In most societies, the state regulates the relationship between labor and management in industry. In fact, no industrial relation in the world is completely free from state control and regulation. What is different, however, is the extent of such regulations and interventions. In some societies, the role of the state is that of a watchdog that steps in when borders are crossed. In some societies such as India, the state enters into everyday relations with industry as a mediator, arbiter and arbiter. Labor and management in India are only theoretically free to do what they want without outside interference. Third party arbitration is easily available and the State enters into the dispute when the union gives notice of strike or the management gives notice of lockout, even if the parties do not seek its help. Therefore industrial relations in India

are essentially quarterly in character. When the state occupies an important position in an industrial system and exercises its vast powers, it is of great importance to both labor and management. In India, the role of the state is concerned with issues that are more urgent as they are directly related to the employment relationship.

The role of the state has changed with the changing industrial, political and social conditions in the country. From 1875 to 1928 the role of the state was to enact protective legislation, to regulate employment and working conditions.

ions in factories, mines and plantations. This role changed to enlightened intervention during 1929 to 1947 due to disquiet resulting from industrial upheaval and depression and the intensification of the national movement.

After independence, the role of the state became more active and positive in matters relating to management, labor welfare and labor relations. This was done with the aim of establishing an egalitarian society in line with the Directive Principles provided in the constitution and raising the standard of living by increasing industrial production.

Since then the state policy has strengthened and promoted a closer relationship between employers and workers. High powered committees like tripartite Indian Labor Conferences were formed and convened, Standing Labor Committees were established and Joint Management Councils were formed. State workers’ representatives were also expanded in matters of industrial relations.

However, the 1990s once again brought about major changes in the role of the state with regard to industrial relations. Earlier, the role of the state was primarily based on protective and centralized planning. With the adoption of the New Economic Policy since 1991 and the resulting liberalisation, privatization and globalization processes, the State Bank is under constant pressure from international funding organizations such as the World Bank and the International Monetary Fund. So it has turned away from centralized planning.

The exit policy in terms of retrenchment and voluntary retirement schemes has created a sense of security among the workers. Disinvestment of some shares to meet the budgetary deficit has given rise to public sector uncertainty. Earlier, public sector was encouraged and sick industrial units were helped to revive. Now, such units are allowed to be sold or merged.

The state first imposed control over the production volumes and diversification plans of companies through centralized planning. Private sector employers found a convenient way of sourcing by bypassing these government controls. Now public services like Railways, Telecom have also become the biggest employers of such peripheral labour. Companies like Hindustan Ciba Geigy used to wind up the voluntary retirement scheme after retiring each employee. The motive was not so small as to downsize and reorganize the company

Labour Force. The idea was to phase out high-cost operations in favor of cheaper labor in the hinterland. Even a public sector company like National Textile Corporation alone is responsible for giving voluntary retirement to 30% of the 2.17 lakh workers. As voluntary retirement plans have become attractive and sometimes even innovative, workers pressure unions not only to accept them but also to demand them. All this has affected the strength and functioning of the trade unions. Thus, by introducing the new economic policy, the state is trying to transform the command economy with market forces and change the environment in which industry operates.

Industrial relations as a discipline is a relatively recent phenomenon but has theoretical roots in history. It has been defined in a number of ways to focus on different aspects of the relationship between management, employees and the state.

Industrial relations has a wide scope covering a wide range of aspects. It is an effective weapon to protect the rights and reputation of the workers and the interests of the management.

Though every effort is made to maintain harmonious industrial relations, some amount of conflict is inherent in the system as it involves interaction of two sections with different interests. Furthermore, there are many causes of conflict, various approaches to the study of industrial relations have been put forward to explain why conflicts occur in industry. These industrial conflicts are resolved with the help of institutional means like collective bargaining, conciliation, arbitration and adjudication.

In most societies, the state plays an important role in regulating the relationship between labor and management. State intervention is necessary in the interest of the wider society. What is different is the extent of such rules. The role of the state has changed with the changing industrial, political and social conditions in the country.

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Industrial Conflict

Origin of Industrial Conditions:

Industrial Conflict / Dispute

Controversy over Unfair Labor Productivity:

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