INDUSTRIAL DISPUTE AND THEIR SETTLEMENTThe factory act, 1948:

The factory act regulates conditions of work in factories, it safeguards the interest of workers and it is for the welfare of factory workers. This act is applicable to any factory in which 10 or more than 10 workers are working. The factory act has a provision in respect of:

1. Employee health and safety

2. Hours of work

3. Sanitary conditions and wholesome work environment

4. Employee welfare

5. Leave with wages etc..,

Main provisions of the act are as follows:

Employee Health:

1. Cleanliness

2. Disposal of wastes and effluents

3. Ventilation and temperature

4. Dust and fumes

5. Artificial humidification

6. overcrowding

7. Lighting

8. Drinking water

9. Washrooms

10. Spittoons

Employee safety:

1. Encasing and fencing of machinery2. Work on or near machinery in motion

3. Employment of young person on dangerous machinery

4. Hoists and lifts

5. Lifting machine, chains, ropes and lifting tackles

6. Pressure plants

7. Excessive weights

8. Floors, stairs and means of access to different places

9. Pits, sumps, openings in floors etc..,

10. Protection of eyes

11. Precautions against dangerous fumes

12. Explosive or inflammable dust, gas etc..,

13. Precautions in case of fire.

Employee welfare:

1. Washing facilities

2. Facilities for sitting

3. First aid appliances

4. Canteens

5. Shelters, rest rooms and lunch rooms

6. Crches

7. Welfare officers

Employee working hours:

1. Weekly hours

2. Weekly holidays

3. Daily hours

4. Internals for rest

5. Extra wages for over time

6. Restriction on double employment

7. Register of adult workers

8. Restriction on employment of women.

Employment of young people:

1. Prohibition of employment of young children

2. Non-adult workers

3. Certificate of fitness in case of non-adult workers

4. Working hours of non-adult workers

5. Register of non-adult workers.

Annual leaves with wages:A worker who has worked for 240 days or more during a calendar year shall be permitted during the subsequent calendar year, leave with wages for a number of days at the rate of

a) One day for every 15 days of work performed by a child worker

b) One day for every 20 days of work performed by an adult worker

A worker interested to take leave shall apply 15 days in advance.

Special provisions:

1. Dangerous operations

2. Notice of accidents

3. Notice of diseases

4. Power to take samples.

Industrial dispute act, 1947:

Industrial dispute are mainly the results of dissatisfaction amongst labour as regards their existing labour conditions. Industrial dispute act aims at settling the industrial disputes on a new pattern known under the act as adjudication machinery. This act aims at making industrial peace through voluntary negotiations and compulsory adjudication. The act makes provision for settlement of industrial dispute between employees and employer.

Important aspects of the act:

1. An industrial dispute may be referred to an industrial tribunal.

2. An award (final determination of an industrial dispute, decisions of labour court) shall be binding on both the disputing parties for a period not exceeding one year.3. Strikes and lockouts are prohibited during the pendency of

a) Conciliation and adjudication preceding.

b) Settlement reached in the course of conciliation proceedings.

c) Award of industrial tribunals declared binding by the appropriate government.

4. In public interest or emergency, appropriate government can declare the following industries to be a public utility service for a maximum period of six months-

a) Transport by land, air and water

b) Food stuff

c) Coal

d) Cotton textile and

e) Iron and steel.

Authorities under this act:

1. Works committee

2. Conciliation officer

3. Board of conciliation

4. Courts of enquiry

5. Labour court

6. Industrial tribunals

7. National tribunals

8. Prohibition of adjudication by other tribunals.

Resent tends in contemporary business environment:The following are some of the recent trends in contemporary business environment:

1. Mergers and Acquisitions

2. Globalization

3. Automation

4. Outsourcing

5. Feudal direct investments (FDI) in retail

Note:

Works Committee. -(1) in the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate Government may by general or special order require the employer to constitute in the prescribed manner a Work Committee consisting of representative of employer and workmen engaged in the establishment, so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen engaged in the establishment and in consultation with their trade union if any, registered under the Indian Trade Unions Act, 1927 (16 of 1927).

(2) It Shall be the duty of the Works Committee to promote measure, for securing and preserving amenity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and, endeavour to compose any material difference of opinion in respect of such matters.

Conciliation Officers. (1) The appropriate Government may, by notification in the Official Gazette, appoint such number of persons as it think fit, to be Conciliation Officers, charged with the duty of mediating in and promoting the settlement of industrial disputes.

(2) A Conciliation Officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.

Board of Conciliations

(1)The appropriate Government may as occasion arises, by notification in the Official Gazette, constitute a Board of Conciliation for promoting the settlement of any industrial dispute.

(2) A Board shall consist of a Chairman and two or four other members, as the appropriate Government thinks fit.

(3) The Chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of the party :

Provided that if the appropriate Government notifies the Board that the services of the Chairman or of any other member have ceased to be available, the Board shall not act until a new Chairman or member, as the case may be, has been appointed.

Court of inquiry

(1) The appropriate Government may as occasion arises by notification in the Official Gazette, constitute a Court of inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.

(2) A Court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a Court consist of two or more members, one of them shall be appointed as the Chairman.

(3) A Court, having the prescribed quorum, may act, notwithstanding the absence of the chairman or any of its members of any vacancy in its number :

Provided that, if the appropriate Government notifies the Court that the service of the Chairman has ceased to be available, the Court shall not act until a new Chairman has been appointed.

Labour Courts

(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matters specified in the Second Schedule and for performing such other functions as the case may be assigned to them under this Act.

(2) A labour Court shall consist of one person only to be appointed by the appropriate Government.(3) A person shall not be qualified for appointment as the Presiding Officer of a Labour Court, unless -

(a)he is, or has been, a Judge of a High Court : or

(b)he has, for a period of not less than three years, been a District Judge or an Additional District Judge ; or

(c)he has held any judicial office in India for not less than seven years; or

(e)he has been the Presiding Officer of a labour Court constituted under any Provincial Act or State Act for not less than five years.

Tribunals (1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule 1[and for performing such other functions as may be specified to them under this Act.]

(2) A Tribunal shall consist of one person only to be appointed by the appropriate Government.

(3) A person shall not be less qualified for appointment as the presiding Officer of a Tribunal unless -

(a)he is, or has been, Judge of a High Court ; or

(aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; 2[* *].

(4) The appropriate Government may, if it so thinks fit, appoint two persons at assessors, to advise the Tribunal in proceeding before it.

National Tribunals (1) The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by such disputes.

(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.

(3) A person shall not be qualified for appointment as the presiding Officer of a National Tribunals unless 3[he is or has been a Judge of a High Court.].

(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunals in the proceeding before it.

Lock out - Means the closing of a place of employment, or the

suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.

While strike is a weapon in the hands of the labour to force the management to accept their demands, lockout is a weapon in the hands of the management to coerce the labour to come down in their demand srelating to the conditions of employment.

Lockouts has been described by the Supreme Court as the antithesis of strike.Difference between lockout and lay-off:

(1) Lockout is an act on the part of the employer to pressurise the labour; while layoff is for trade reasons, beyond the control of the employer; i.e., it is not intentional act.

(2) Lockout is exercised due to an industrial dispute and continues during the period of dispute; layoff is not necessiorily concerned with dispute with workmen.

Difference between lock-out and retrenchment: (1)Temporary or permanent: Lockout is temporary measure, whileretrenchment is permanent.

(2) Relationship: In lockout the relationship of employer and employee is only suspended; it does not come to an end. In retrenchment such arelationship is severed at the instance of the employer.

(3) Motive: Lockout is with a motive to coerce the workmen; the intention of retrenchment is to dispense with surplus labour.

(4) Trade dispute: Lockout is due to an industrial dispute, whereas in case of retrenchment, there is no such disputeDifference between lock-out and closure

(1) Temporary/Permanent: Lockout is temporary measure, whereas closure is permanent..

(2) Weapon of coercion: Lockout is a weapon of coercion in the hands of

employer; while closure is generally made for trade reasons.

(3) Trade Dispute: Lockout is declared during an industrial dispute, while

in case of closure, there need not be any dispute.

Retrenchment - Means the discharge of surplus labour or staff by the employer

for any reason What-so-ever.'

The term "retrenchment" defines under the section 2(00) may be analysed as:

(1) Retrenchment means the termination by the employer of the services of a workman.

(2) The termination may be for any reason what so ever.

(3) But the termination should not be as a measure. of punishment by way

of disciplinary action.