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Page 1: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic
Page 2: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic

Disagreement and difference between twodisputants, namely, labour and management,connected with employment or non-employment or with the conditions of labor.

As per Section 2(k) of IDA 1947, “any disputesor differences between employers andemployersor between employers andworkmen, or between workmen and workmen,which is connected with the employment ornon-employment or the terms of employmentor with the conditions of labor, of any person.

Disagreement and difference between twodisputants, namely, labour and management,connected with employment or non-employment or with the conditions of labor.

As per Section 2(k) of IDA 1947, “any disputesor differences between employers andemployersor between employers andworkmen, or between workmen and workmen,which is connected with the employment ornon-employment or the terms of employmentor with the conditions of labor, of any person.

2CA ANUSHRI AGRAWAL

Page 3: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic

Demand must have been first raisedbefore management and rejected bythem.

A dispute will become industrial disputeonly when it affects the rights of theworkmen as a class. Dispute must becollective.

Severity of industrial dispute is measuredon the basis of man-days lost onaccount of individual disputes.

Parties to dispute must have substantialinterest in the dispute.

Demand must have been first raisedbefore management and rejected bythem.

A dispute will become industrial disputeonly when it affects the rights of theworkmen as a class. Dispute must becollective.

Severity of industrial dispute is measuredon the basis of man-days lost onaccount of individual disputes.

Parties to dispute must have substantialinterest in the dispute.

3CA ANUSHRI AGRAWAL

Page 4: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic

Strike Boycott Picketing Gherao

•When workers areprevented from workby stationing somepeople at the factorygate•If it doesn't involveviolence, it is legal.•It is an act of postingpickets and impliespatrolling of workers infront of the premises ofthe employer carryingand displaying thesigns, banners andplacards for thepurpose of preventingothers from enteringthe place.

To surround themembers of themanagemnt by

blocking their exitsand forcing themto stay inside their

cabins just likeprisoners so that

their demands areagreed upon

Criticised both onlegal and moral

grounds

• not usingcompany’sproducts.

•Such appealcan be madein public also.

•When workers areprevented from workby stationing somepeople at the factorygate•If it doesn't involveviolence, it is legal.•It is an act of postingpickets and impliespatrolling of workers infront of the premises ofthe employer carryingand displaying thesigns, banners andplacards for thepurpose of preventingothers from enteringthe place.

To surround themembers of themanagemnt by

blocking their exitsand forcing themto stay inside their

cabins just likeprisoners so that

their demands areagreed upon

Criticised both onlegal and moral

grounds

4CA ANUSHRI AGRAWAL

Page 5: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic

Employer’sAssociation

Lock-out Termination ofServices

To collectivelyoppose the

working class andput pressure on the

trade union

Of those workerswho are on strike

by blacklistingthem.

5CA ANUSHRI AGRAWAL

Page 6: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic

Section 2(q) of the Industrial Disputes Act,1947, defines a strike as ,

“a cessation of work by a body of personsemployed in any industry acting incombination,

or A concerted refusal under a common

understanding of a number of a personswho are or have been so employed tocontinue to work or to accept employment.

Section 2(q) of the Industrial Disputes Act,1947, defines a strike as ,

“a cessation of work by a body of personsemployed in any industry acting incombination,

or A concerted refusal under a common

understanding of a number of a personswho are or have been so employed tocontinue to work or to accept employment.

6CA ANUSHRI AGRAWAL

Page 7: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic

As per Petterson, “ A temporarycessation of work by a group ofemployees in order to express theirgrievances or to enforce a demandconcerning changes in work conditions.”

As per Petterson, “ A temporarycessation of work by a group ofemployees in order to express theirgrievances or to enforce a demandconcerning changes in work conditions.”

Refusal to work must be in defiance of the authority.

7CA ANUSHRI AGRAWAL

Page 8: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic

Primary Strikes Secondary Strikes

• Stay away strike•Sit down and stay instrike•Tools down Strike / Pendown Strike•Token or Protest Strike•Lightening or CAtCAllStrike•Go- Slow•Hunger Strike•Sympathetic Strike

• Pressure is appliedagainst the thirdperson who has goodtrade relations withprimary employerwhich are severedand the primaryemployer incurs a loss.•Not popular in India

8CA ANUSHRI AGRAWAL

Page 9: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic

Under the Industrial Dispute Act, 1947: A“ lockout means the closing of a placeof business or employment or thesuspension of work, or the refusal by anemployer to continue to employ anynumber of person employed by him”

Under the Industrial Dispute Act, 1947: A“ lockout means the closing of a placeof business or employment or thesuspension of work, or the refusal by anemployer to continue to employ anynumber of person employed by him”

9CA ANUSHRI AGRAWAL

Page 10: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic

Lockout is the closure of an industrialundertaking because of the existence ofor apprehension of an industrial dispute,violence and damage to property.

Suspension of employment Counterpart of a strike Coerce or force workmen to come to

terms

Lockout is the closure of an industrialundertaking because of the existence ofor apprehension of an industrial dispute,violence and damage to property.

Suspension of employment Counterpart of a strike Coerce or force workmen to come to

terms

10CA ANUSHRI AGRAWAL

Page 11: Disagreement and difference between two connected with ...€¦ · workmen, or between workmen and workmen, which is connected with the employment or ... •Hunger Strike •Sympathetic

Prohibiting an individual employee Retrenchment Termination of services of more than one

person at the same time

Prohibiting an individual employee Retrenchment Termination of services of more than one

person at the same time

11CA ANUSHRI AGRAWAL