INDUSTRIAL RELATIONS

MAMORIA & GANKAR

LESSON

NO.

TOPICS

1 1. SCOPE, DEFINITION & OBJECTIVES OF IR

2. IMPACT OF IR ON SOCIO-ECONOMIC CONDITIONS

2 1. ROLE OF JUDICIARY & ITS IMPACT ON IR

3 1. MACHINERY FOR SETTLEMENT OF DISPUTES AT THE LEVEL OF

CENTRAL / STATE GOVERNMENT MACHINERY UNDER

ADJUDICATION WITH LANDMARK JUDGMENTS GIVEN BY HIGH /

SUPREME COURTS FROM TIME TO TIME

4 1. CONCEPTS OF COLLECTIVE BARGAINING

2. IT’S SUCCESS & FAILURE

3. ITS CAUSE

4. CRITICAL REVIEW

5 1. WORKERS PARTICIPATION IN MANAGEMENT – ITS PRACTICALITY

AT OPERATIONAL LEVEL

6 1. TRADE UNION MOVEMENT IN INDIA AFTER INDEPENDENCE

2. PROBLEMS FACED BY TRADE UNION UNIONS DUE TO INTRA &

INTER UNION RIVALRY

3. POLITICAL AFFILIATIONS OF TRADE UNIONS – MERITS &

DEMERITS

7 1. PROBLEMS OF FORMING UNIONS IN UNORGANISED SECTORS

2. LABOUR MANAGEMENT RELATIONS IN ORGANIZED SECTOR

8 1. SALIENT FEATURES OF TRADE UNION ACT

9 1. IMPACT OF GLOBALISATION & INFORMATION TECHNOLOGY ON

IR

10 1. GRIEVANCES

2. DISCIPLINE

HRD IN PERSPECTIVE:

TRADITIONALLY THREE FACTORS OF PRODUCTION WERE IDENTIFIED:

o LAND

o CAPITAL

o LABOUR

IN PRE-INDUSTRIAL SOCIETY AGRICULTURE WAS THE MAJOR SOURCE OF

WEALTH. CAPITAL & LABOUR WERE WEDDED TO LAND, & ECONOMIC POWER

BELONGED TO THOSE WHO COULD CONTROL IT USE

WITH INDUSTRIAL REVOLUTION CAPITAL BECAME THE CRITICAL FACTOR OF

PRODUCTION

INDUSTRIALISATION BROUGHT ABOUT DRASTIC CHANGES IN THE WORKING

METHODS, MANPOWER MANAGEMENT RELATIONS ON THE SHOP FLOOR

WITH TECHNOLOGICAL ADVANCEMENTS, THE USE OF OUT WORKERS [PEOPLE

WORKING AT THEIR HOMES WITH THEIR OWN TOOLS / MACHINES] DECLINED &

FACTORY SYSTEM GRADUALLY STARTED SETTING. THE OWNERS PROVIDED

MACHINERY; MEANS OF PRODUCTION & PREMISE & WORKERS SUPPLIED

THEIR LABOUR.

THIS LED TO TWO DISTINCT CLASSES:

o CAPITALIST CLASS

o WORKING CLASS

THE CAPITALIST CLASS BECAME MORE POWERFUL AS IT PROVIDED

IMPORTANT INPUT OF PRODUCTION. IN THE INITIAL STAGES OF

INDUSTRIALISATION, THE WORKERS WERE LARGELY UNTRAINED,

UNEDUCATED & UNORGANISED; HENCE DID NOT RECEIVE FAIR DEAL AT THE

HANDS OF EMPLOYERS

IN THE EARLY STAGES OF INDUSTRIALISATION, THE TRENDS WHICH

DOMINATED THE SCENE WERE:

o LOSS OF FREEDOM

HAD TO WORK UNDER DISCIPLINE

PLACE OF WORK WAS DETERMINED BY MACHINES

IN WORKING CONDITIONS [REST INTERVALS, HOLIDAYS, WAGES

ETC. HAD LITTLE SAY

o UNHYGIENIC WORKING CONDITIONS

WORK ENVIRONMENT IN THE FACTORIES WAS EXTREMELY

UNHYGIENIC & UNHEALTHY

LITTLE ATTENTION WAS PAID TO HEALTH & SAFETY OF

WORKERS

VENTILATION / ILLUMINATION WAS POOR

SANITARY CONDITION WAS DEPLORABLE

o EMPLOYMENT OF CHILDREN

PARTLY DUE TO ECONOMIC NECESSITY & PARTLY DUE TO THE

PRESSURE OF EMPLOYERS THE WORKERS WERE FORCED TO

PUT THEIR CHILDREN TO EMPLOYMENT

THERE WAS NO DIFFERENCE IN THE HOURS OF WORK & THE

OTHER WORKING CONDITIONS OF BOTH CHILD & ADULT

WORKER

IN THE EARLY NINETEENTH CENTURY THE DOCTRINE OF LAISSEZ FAIRE WAS

IN VOGUE WHICH HAD THE FOLLOWING FEATURES:

o FREEDOM OF CONTRACT

PARTIES TO CONTRACT WERE FREE TO LAY DOWN THE TERMS

& CONDITIONS OF CONTRACT WITHOUT ANY INTERVENTION

FROM THE THIRD PARTY

UNDER SUCH CONDITIONS THE WEAKER PARTY WAS FORCED

TO ACCEPT THE DICTATE OF THE STRONGER ONE

o THE DYNAMICS OF MARKET

THE ECONOMIC DOCTRINE BELIEVED THAT DYNAMICS OF

MARKET REVOLVE ROUND ECONOMIC FORCES; HENCE THEY

SHOULD BE LEFT TO REGULATE THEMSELVES WITHOUT ANY

INTERVENTION

THE FORCES OF DEMAND & SUPPLY DETERMINE THE PRICE AT

WHICH PARTIES WOULD STRIKE THE DEAL IF THE SUPPLY OF

LABOUR EXCEEDS DEMAND THEN THE WAGES OF WORKERS

ARE BOUND TO BE LOW

THEREFORE AS SUCH ANY INTERFERENCE EITHER BY

GOVERNMENT & OR TRADE UNION WAS RESISTED

o THE PURSUIT OF SELF-INTEREST

THE BEST INTEREST OF EVERYONE CAN BE BEST SERVED BY

LETTING THE PARTIES TO ACT IN THEIR OWN INTEREST

THE SELF-INTEREST WOULD MOTIVATE THE PEOPLE TO

BECOME A TRADER, EMPLOYEE, EMPLOYER ETC. THEREFORE

ANY INTERFERENCE BY THE THIRD PARTY WOULD BE

ADVERSELY AFFECT THE INTEREST OF EVERYONE

ANOTHER ASPECT OF LAISSEZ FAIRE WAS DIVISION OF LABOUR

IN THE MIDDLE OF NINETEENTH CENTURY WITH THE ADVANCEMENT OF

MANAGERIAL TECHNOLOGY, INCREASED COMPLICATION OF WORK METHODS,

IR SYSTEM STARTED SHAPING UP

IN THE LATE NINETEENTH CENTURY, THE EMERGENCE OF POST INDUSTRIAL

SOCIETIES, THE ROLE OF HR AS A FACTOR OF PRODUCTION HAS BEEN GIVEN

DUE IMPORTANCE.

THE DEMAND FOR SKILLED WORKER IS GAINING MOMENTUM

HUMAN BEINGS ARE THE ACTIVE AGENTS WHO ACCUMULATE CAPITAL,

EXPLOIT NATURAL RESOURCES, BUILD SOCIAL ECONOMIC & POLITICAL

ORGANIZATIONS, & CARRY FORWARD NATIONAL DEVELOPMENT.

THEREFORE THE WELFARE & DEVELOPMENT OF HAPPY IR ARE FUNDAMENTAL

PERQUISITES FOR SHIFTING ECONOMIC PARADIGM TOWARDS GREATER

PROSPERITY

IMPACT OF IR:

TECHNOLOGY HAS ACCELERATED HE PROCESS OF CIVILIZATION. THE

TRANSGRESSION OF HOMOSAPIANS FROM CAVE AGE TO INFORMATIONAL

AGE IS A LIVE EXAMPLE OF INDUSTRIAL REVOLUTION ON HUMAN LIVES OVER

THE LONG PAST

THE PACE WITH WHICH TECHNOLOGICAL DEVELOPMENTS ARE TAKING PLACE,

WE CAN SAY THAT THE WORLD IS LEADING TOWARDS THE THIRD INDUSTRIAL

REVOLUTION

THE FOLLOWING ARE THE TRENDS THAT HAVE INFLUENCED THE NATURE OF

INDUSTRIAL WORK:

o ELIMINATION OF PHYSICAL LABOUR:

o MASS PRODUCTION AT LOW COST

o EVOLUTION OF ENTREPRENEURIAL ELITE:

o INCREASED MOBILITY

IR: CONCEPT:

THE TERM INDUSTRIAL RELATIONS DENOTE EMPLOYER-EMPLOYEE

RELATIONS IN BOTH ORGANIZED & UNORGANISED SECTORS OF THE

ECONOMY. THE FOLLOWING ARE THE FEATURES OF IR:

o IT IS BORN OUT OF EMPLOYMENT RELATIONSHIP. EXISTENCE OF TWO

PARTIES IS ESSENTIAL. INDUSTRY PROVIDES THE ENVIRONMENT FOR

IR

o IT IS CHARACTERIZED BY BOTH CONFLICT & COOPERATION. IT IS A

STUDY OF ATTITUDES, RELATIONSHIPS, PRACTICES & PROCEDURES

DEVELOPED BY THE CONTENDING PARTIES TO RESOLVE OR AT LEAST

MINIMIZE CONFLICTS

o IT INVOLVES THE STUDY OF CONDITIONS CONDUCIVE TO THE LABOUR,

MANAGEMENT COOPERATION AS WELL AS PRACTICES & PROCEDURES

REQUIRED TO ELICIT THE DESIRED COOPERATION FROM BOTH

PARTIES

o IT IS THE STUDY OF LAW, RULES, REGULATIONS, AGREEMENTS

AWARDS OF COURT, CUSTOMS & TRADITIONS AS WELL AS POLICY

FRAMEWORK LAID DOWN BY THE GOVERNMENT FOR ELICITING

COOPERATION BETWEEN LABOUR & MANAGEMENT

THE CONCEPT OF IR IS VERY BROAD –BASED DRAWING HEAVILY FROM A

VARIETY OF DISCIPLINES LIKE SOCIAL SCIENCES, HUMANITIES, BEHAVIOURAL

SCIENCES, LAWS ETC.

SCOPE & ASPECTS OF IR:

DEVELOPMENT OF HEALTHY LABOUR MANAGEMENT RELATIONS

o EXISTENCE OF STRONG, WELL ORGANIZED DEMOCRATIC &

RESPONSIBLE TRADE UNIONS & ASSOCIATIONS OF EMPLOYERS

o THESE O ENHANCE THE JOB SECURITY OF EMPLOYEES, HELP IN

INCREASED WORKERS PARTICIPATION IN MANAGEMENT, & GIVE

LABOUR A DIGNIFIED ROLE IN SOCIETY

o IT IS THE SPIRIT OF COLLECTIVE BARGAINING, & WILLINGNESS TO

TAKE RECOURSE TO VOLUNTARY ARBITRATION. FOR THIS AN

ATMOSPHERE OF TRUST & GOODWILL SHOULD EXIST

o WELFARE WORK MAINTAINS & IMPROVES LABOUR MANAGEMENT

RELATIONS 7 THEREBY CONTRIBUTE TO INDUSTRIAL PEACE

MAINTENANCE OF INDUSTRIAL PEACE

o INDUSTRIAL PEACE PRE-SUPPOSES THE ABSENCE OF INDUSTRIAL

STRIFE WHICH IS ESSENTIAL FOR INCREASED PRODUCTIVITY &

HARMONIOUS LABOUR MANAGEMENT RELATIONS

o INDUSTRIAL PEACE CAN BE NURTURED THROUGH FOLLOWING MEANS:

MACHINERY SHOULD BE SET UP FOR THE PREVENTION &

SETTLEMENT OF INDUSTRIAL PEACE

THE GOVERNMENT SHOULD HAVE THE POWER TO REFER

DISPUTES TO ADJUDICATION

THE GOVERNMENT ENJOYS THE POWER TO MAINTAIN STATUS

QUO

THE PROVISION OF THE BIPARTITE & TRIPARTITE FORUMS FOR

THE SETTLEMENT OF DISPUTES

DEVELOPMENT OF INDUSTRIAL DEMOCRACY

o ESTABLISHMENT OF THE SHOP COUNCILS, & JOINT MANAGEMENT

COUNCILS AT THE FLOOR & PLANT LEVEL

o RECOGNITION OF HUMAN RIGHTS IN INDUSTRY

o INCREASE IN LABOUR PRODUCTIVITY

o THE AVAILABILITY OF PROPER WORK ENVIRONMENT

COMPONENTS OF IR SYSTEM

AN IR SYSTEM IS MADE UP OF THREE ACTORS

o EMPLOYER

o UNION

o GOVERNMENT

THESE ACTORS JOINTLY DETERMINE THE OUTPUT OF THE SYSTEM, WHICH

LARGELY CONSISTS OF RULES / REGULATIONS RELATING TO TERMS &

CONDITIONS OF EMPLOYMENT

ROLE OF THESE ACTORS:

WORKERS & THEIR ORGANIZATION:

o THE RELATIONS BETWEEN THE WORKERS IS IMPERSONAL &

DEHUMANISED

o WORK IN ALIENATED MONOTONOUS UNHYGIENIC WORK ENVIRONMENT

o THEIR ACTIVITIES ARE REGULATED & CONTROLLED

o THE UNION MAIN ACTIVITY BECOMES SAFEGUARDING WORKERS

INTEREST BOTH WITHIN & OUTSIDE THE ORGANIZATION

o THE UNION REPRESENTS & PROTECT THE INTERESTS OF THEIR

MEMBERS THROUGH COLLECTIVE BARGAINING, & OFTEN THEY USE

PRESSURE TACTICS OR THREATS OF STRIKES & GHERAOS

THE MANAGEMENT:

o THEY ARE THE KEY ACTOR IN THE SYSTEM

o THE RELATIONSHIP BETWEEN THE PARTIES DEPENDS UPON THE

LEADERSHIP STYLES EXHIBITED BY THE EMPLOYER WHICH COULD BE

ANY ONE OF THE FOLLOWING:

EXPLOITATIVE AUTHORITATIVE

BENEVOLENT AUTHORITATIVE

CONSULTATIVE

PARTICIPATIVE

THE GOVERNMENT:

o ACT AS JUDGE & REGULATOR

o HAS VESTED INTEREST

o MODEL EMPLOYER

FACTORS AFFECTING IR:

INSTITUTIONAL

o INCLUDES STATE POLICY, LABOUR LAWS, UNION, EMPLOYER’S

ORGANIZATION

ECONOMIC

o INCLUDES TYPE OF OWNERSHIP

o NATURE & COMPOSITION OF WORKFORCE

o SOURCE OF LABOUR SUPPLY

o DISPARITY OF WAGES

SOCIAL

o INCLUDES SOCIAL VALUES, CASTE, COMMUNITY

TECHNOLOGICAL

o INCLUDES TYPES OF TECHNOLOGY

o DEVELOPMENT OF NEW MACHINES

PSYCHOLOGICAL

o INCLUDES OWNERS ATTITUDES, WORKERS ATTITUDES TOWARDS

WORK, THEIR MOTIVATION, MORALE, INTEREST,

POLITICAL

o INCLUDES SYSTEM OF GOVERNMENT, POLITICAL PHILOSOPHY,

ATTITUDE OF GOVERNMENT, RULING ELITE & OPPOSITION TOWARDS

LABOUR PROBLEMS

ENTERPRISE RELATED

o INCLUDES STYLES OF MANAGEMENT, ITS PHILOSOPHY, VALUE

SYSTEM, ORGANIZATIONAL CLIMATE, ORGANIZATIONAL HEALTH,

EXTENT OF COMPETITION, ADAPTABILITY TO CHANGE, & VARIOUS HRM

POLICIES

GLOBAL

o INCLUDES INTERNATIONAL RELATIONS, GLOBAL CONFLICTS, GLOBAL

CULTURAL ISSUES, ECONOMIC & TRADING POLICIES, INTERNATIONAL

TRADE AGREEMENTS & RELATIONS, INTERNATIONAL LABOUR

AGREEMENTS

PERSPECTIVE / APPROACHES TO IR

PSYCHOLOGICAL

SOCIOLOGICAL

HUMAN RELATIONS

SOCIO-ETHICAL

GANDHIAN

SYSTEM

PSYCHOLOGICAL APPROACH:

THE PSYCHOLOGISTS VIEW PROBLEM OF IR IN PERCEPTION & THE ATTITUDE

OF FOCAL PARTICIPANTS

THE GENERAL IMPRESSION ABOUT A PERSON IS RADICALLY DIFFERENT WHEN

HE IS SEEN AS A REPRESENTATIVE OF MANAGEMENT FROM THAT OF THE

PERSON AS REPRESENTATIVE OF LABOUR

THE MANAGEMENT & LABOUR SEE EACH OTHER AS LESS APPRECIATELY OF

OTHER’S POSITION THAN OF ONESELF

THE MANAGEMENT & LABOUR SEE EACH OTHER AS LESS DEPENDABLE

THE MANAGEMENT & LABOUR SEE EACH OTHER AS DEFICIENT IN THINKING

REGARDING EMOTIONAL CHARACTERISTICS & INTERPERSONAL RELATIONS

IT IS FOR THIS REASON THAT ALMOST INVARIABLY SOME ASPECTS OF THE

SITUATIONS ARE GLORIFIED, SOME SUPPRESSED OR TOTALLY DISTORTED BY

THE INDIVIDUAL MAKING JUDGEMENTS IN THE ISSUE

SOCIOLOGICAL APPROACH:

INDUSTRY IS A SOCIAL WORLD IN MINIATURE & THE WORKSHOP IS IN REALITY

A COMMUNITY MADE UP OF VARIOUS INDIVIDUALS & GROUPS WITH

DIFFERENCING PERSONALITIES, EDUCATIONAL BACKGROUND, FAMILY

BREEDING, EMOTIONS LIKES & DISLIKES & A HOST OF OTHER PERSONAL

FACTORS SUCH AS ATTITUDES & BEHAVIOURS

THESE DIFFERENCES IN INDIVIDUAL ATTITUDE & BEHAVIOURS CREATE

PROBLEMS OF CONFLICT & COMPETITION AMONG THE MEMBERS OF AN

INDUSTRIAL SOCIETY

IN ANALYSING IR THE ROLE OF SOCIAL CHANGE CANNOT BE OVERLOOKED.

MANAGEMENT HAS BECOME PROFESSIONAL. DECISION-MAKING IS GETTING

DECENTRALISED. THE PROFILE OF INDUSTRIAL WORKER HAS ALSO CHANGED.

WORKERS ARE QUALIFIED. THERE IS SHIFT FROM MANUAL WORKING TO

KNOWLEDGE BASED WORKING. THE ROLE OF STATE & POLITICAL PARTIES IS

BEING REDEFINED. THE CHANGES IN SOCIAL ORDER, THE CONCEPT OF HAVES

& HAVE NOTS ARE FAST CHANGING & IR IS PRIMARILY DETERMINED BY

POWER

HUMAN RELATIONS APPROACH

THIS IS ONE OF THE MOST DELICATE & TRICKY AREAS OF MANAGEMENT. IT

DEALS WITH LIVE HUMAN BEINGS WHO HAVE EMOTIONS, PERCEPTION, AND

ATTITUDE PERSONALITY. THESE CHARACTERISTICS MAKE THEM COMPLEX

INDIVIDUALS & WHEN THEY INTERACT WITH OTHERS THEIR COMPLEXITY

FURTHER MULTIPLIES. HENCE MANAGING THE DYNAMICS OF HUMAN

BEHAVIOUR BOTH AT INDIVIDUAL & GROUP LEVEL POSE A BIGGEST

CHALLENGE TO MANAGEMENT

THE VARIOUS HRM POLICIES INCLUDING THOSE RELATING TO LEADERSHIP &

MOTIVATION HAS PROFOUND INFLUENCE ON PEOPLE’S WORK BEHAVIOUR

SOCIO-ETHICAL APPROACH TO IR

THIS APPROACH HOLDS THAT IR BESIDES HAVING SOCIOLOGICAL BASE DOES

HAVE SOME ETHICAL RAMIFICATIONS

IR CAN ONLY BE MAINTAINED WHEN BOTH THE LABOUR & MANAGEMENT

REALIZE THEIR MORAL RESPONSIBILITY IN CONTRIBUTING TO THE SAID TASK

THROUGH MUTUAL COOPERATION & GREATEST UNDERSTANDING OF EACH

OTHER’S PROBLEMS

GANDHIAN APPROACH TO IR

IT IS BASED ON FUNDAMENTAL PRINCIPLES OF TRUTH, NON-VIOLENCE &NON-

POSSESSION

FROM THESE PRINCIPLES EVOLVED THE CONCEPTS OF NON-COOPERATION &

TRUSTEESHIP

THIS PHILOSOPHY PRESUMES THE PEACEFUL CO-EXISTENCE OF CAPITAL &

LABOUR, WHICH CALLS FOR RESOLUTION OF CONFLICT BY NON-VIOLENCE &

NON-COOPERATION THAT ACTUALLY AMOUNTS TO PEACEFUL STRIKES.

GANDHIJI ACCEPTED THE WORKER’S RIGHT TO STRIKE BUT FOR JUST CAUSE

& IN PEACEFUL & NON-VIOLENT MANNER, & SHOULD BE RESORTED TO ONLY

AFTER EMPLOYERS FAIL TO RESPOND TO THEIR MORAL APPEALS

THE PRINCIPLE OF TRUSTEESHIP HELD THE PRESENT CAPITALIST ORDER CAN

BE TRANSFORMED INTO AN EGALITARIAN ONE. IT DOES NOT RECOGNIZE THE

RIGHT TO PROPERTY EXCEPT TO THE EXTENT PERMITTED BY SOCIETY FOR

ITS OWN WELFARE, THE INDIVIDUAL DOES NOT HAVE ANY RIGHT TO HOLD OR

USE WEALTH IN DISREGARD OF THE INTEREST OF SOCIETY; & THE

CHARACTER OF PRODUCTION IS TO BE DETERMINED BY SOCIAL NECESSITY

RATHER THAN BY PERSONAL WHIMS OR GREED. THE CAPITALIST IS

EXPECTED TO HOLD INDUSTRY IN TRUST FOR THE COMMUNITY, & WORKERS

ARE EXPECTED TO BE CO-TRUSTEE ALONG WITH THE EMPLOYER

SYSTEM APPROACH TO IR

THIS APPROACH FOCUSES ON ENVIRONMENTAL FORCE, PARTICIPANTS &

OUTPUT

ENVIRONMENTAL FORCES PARTICIPANTS IN THE

SYSTEM

OUTPUTS

1. MARKET OR

BUDGETARY

CONSTRAINTS

2. TECHNOLOGY

3. DISTRIBUTION OF

POWER IN SOCIETY

1. UNION –

MANAGEMENT

2. GOVERNMENT

1. RULES OF THE

WORKPLACE

PREREQUISITES FOR SUCCESSFUL IR PROGRAMMES

TOP MANAGEMENT SUPPORT

o SINCE IR IS A STAFF FUNCTION; IT WILL REQUIRE THE SUPPORT OF

CEO; THEN ONLY IR CAN BE EFFECTIVE

DEVELOPING SOUND HRM & IR POLICIES

o HRM & IR POLICIES SHOULD BE SO DESIGNED SO AS TO MAINTAIN

GOOD IR IN AN O

DEVELOPING OF EFFECTIVE HRM & IR PRACTICES

o PRACTICE SHOULD SUCH SO AS TO TRANSLATE VARIOUS POLICIES

INTO ACTION

PROVISION OF ADEQUATE SUPERVISORY TRAINING

o IN ORDER TO PUT PRACTICE THE POLICIES & PRACTICES INTO ACTION,

THE LINE EMPLOYEES NEED TO TRAINED IN UNDERSTANDING THE

VARIOUS HR & IR POLICIES & PRACTICES

FOLLOW UP OF RESULTS

o NEVER TAKE ANY HR & IR POLICIES & PRACTICES FOR GRANTED. KEEP

ON REVIEWING THE SAME; FOR EMPLOYEES HAVE UNIQUE METHODS

OF EXPRESSING THEIR DISSATISFACTION WITH HR & IR POLICIES.

EVOLUTION OF IR:

INTRODUCTION:

LABOUR MANAGEMENT BECAME AN IMPORTANT SUBJECT OF STUDY ONLY

WHEN LARGE AGGREGATIONS OF PEOPLE CAME TO WORK TOGETHER UNDER

ONE ROOF IN AN ORGANIZATION.

THE VARIOUS STAGES THROUGH WHICH THE SYSTEM PROGRESSED WERE AS

FOLLOWS:

o THE AGRARIAN ECONOMY STAGE

o HANDICRAFT STAGE

o COTTAGE OR PUTTING-OUT STAGE

o FACTORY OR THE INDUSTRIAL CAPITAL STAGE

THE AGRARIAN STAGE:

IN TRIBAL SOCIETY, PROPERTY WAS COMMON & COLLECTIVE ASSET OF THE

GROUP.

IN MIDDLE AGES PROPERTY WAS VIEWED AS PERSONAL PROPERTY OF THE

LANDLORD.

THIS GAVE RISE TO PROPERTIED INDIVIDUALS & PROPERTYLESS WORKERS.

THE EMPLOYEES WERE TREATED AS SLAVES.

THE EMPLOYER-EMPLOYEE RELATIONSHIP WAS THAT OF MASTER-SERVANT

TYPE.

THE SLAVES WERE REQUIRED TO DO ALL TYPES OF WORK. AND IN TURN THE

MASTER PAID THEM IN KIND [BASICS LIKES: FOOD / CLOTH / SHELTER] & NOT

IN CASH.

THE GOVERNMENT DID NOT YIELD ANY POWER OVER THE EMPLOYMENT

RELATIONSHIP

THE HANDICRAFT STAGE:

HANDICRAFT SYSTEM GREW BECAUSE OF THE GROWTH OF TOWNS & CITIES,

INCREASE IN TRADE & COMMERCE & A DECLINE IN THE POWER OF FEUDAL

LORDS.

THIS SYSTEM INTRODUCED AN IMPORTANT INNOVATION IN THE CAREERS OF

WORKERS, VIZ. MOVEMENT FROM EMPLOYEES TO EMPLOYERS.

THE WORKERS / CRAFTSMEN OWNED FACTORS OF PRODUCTION, WORKED

WITH THEIR OWN TOOLS & WITHIN THE HELP OF THE MEMBERS OF THEIR

FAMILY & OFTEN WORKED IN THEIR OWN HOMES / WORKSHOPS &

PERFORMED THE HAND TASKS.

THEY SOLD THEIR PRODUCTS DIRECTLY TO THE CUSTOMERS.

SEPARATE CRAFTSMEN EXISTED FOR SEPARATE WORKS, LIKE: COBBLER,

BLACKSMITH, CARPENTRY, POTTERY, CLOTH WEAVING ETC.

SOMETIMES THE MASTER CRAFTSMAN ALSO UNDERTOOK TO TEACH HIS

CRAFT TO SOME YOUNG MEN. THESE ARTISANS BEGAN THEIR CAREERS AS

APPRENTICES & WERE BOUND TO WORK FOR THE MASTER CRAFTSMAN FOR

SPECIFIED PERIOD DURING WHICH THEY COULD LEARN THE CRAFT. THEY GOT

NO WAGES. LODGING, BOARDING WERE PROVIDED.

THESE ARTISANS AFTER THEIR TRAINING SETTLED AS INDEPENDENT

JOURNEYMEN.

THE MASTER-CRAFTSMAN HELD THE HIGHEST STATUS IN THE SOCIETY FOR

HE HAD THE SKILL & THE OWNERSHIP. THE JOURNEYMAN HELD THE SECOND

POSITION IN THE SOCIETY ON ACCOUNT OF THEIR MOBILITY. THE APPRENTICE

HELD THE LOW STATUS

COTTAGE OR PUTTING-OUT STAGE:

HANDICRAFT SYSTEM CATERED ONLY TO THE LOCAL MARKET. THE

JOURNEYMAN REALISED THE POTENTIAL OF MARKET. THEY UNDERTOOK TO

BUY RAW MATERIALS & SUPPLY THESE AS WELL AS FINANCES TO THE

CRAFTSMAN. THE CRAFTSMAN WORKED AT HIS HOME ALONG WITH THE

MEMBERS OF HIS FAMILY. THEY WERE PAID ON A PIECE RATE BASIS FOR THE

WORK

THE JOURNEYMAN KNEW THE DEMAND OF THE VARIOUS MARKETS. HE ALSO

KNEW THE SUPPLIERS WELL. HE PROVIDED THE RAW MATERIALS & THE

FINANCES & COLLECTED HIS COMMISSION IN THE PROCESS.

FACTORY OR THE INDUSTRIAL CAPITALISM STAGE:

WITH THE PASSAGE OF TIME & GAINING EXPERIENCE, THE TRADER

CAPITALIST REALISED THAT ECONOMIES IN PRODUCTION, MAINTAINING

QUALITY, & DELIVERY TO THE CUSTOMER COULD BE ACHIEVED BY

CENTRALIZATION.

HE INSTALLED MACHINERY, PROVIDED TOOLS, RAW MATERIAL & OFFERED

EMPLOYMENT IN NEWLY BUILT WORKSHOPS OR FACTORIES.

THIS MADE IT EASY FOR HIM TO SUPERVISE.

WITH THE INVENTION & MANUFACTURING OF POWER DRIVEN MACHINERY THE

PROCESS DEVELOPED FURTHER. IN COURSE OF TIME FACTORY SYSTEM CAME

TO STAND ON SOUND FOOTING & MACHINES REPLACED HUMAN LABOUR.

IT GAVE RISE TO EMPLOYMENT OPPORTUNITIES FOR WOMEN & CHILDREN

WORK WAS SIMPLIFIED BY MACHINERY. SLOWLY THE WORKERS WERE

REDUCED FROM SKILL TO MANUAL OPERATORS.

BY MEANS OF FACTORY SYSTEM, WORKERS WERE BROUGHT TOGETHER

UNDER ONE ROOF, & STRICT DISCIPLINE WAS MAINTAINED. THE QUALITY &

QUANTITY OF THE PRODUCT WAS GUARANTEED.

THE EMPLOYER OWNED THE FACTORS OF PRODUCTION. THE DEMAND-

SUPPLY OF PEOPLE DETERMINED THE WAGES. ONCE THE WAGES WERE PAID,

THE EMPLOYER HAD NO OBLIGATION TOWARDS THE EMPLOYEES.

THE EMPLOYER PRODUCED GOODS WITH THE SOLE AIM OF SELLING THEM AT

PROFITS, WHILE WORKERS WORKED TO SATISFY THEIR ECONOMICS NEEDS.

PASSING OF FACTORIES ACT:

THE WORKERS WERE CONTINUED T BE EXPLOITED BY THE EMPLOYERS. THE

GOVERNMENT WERE A SILENT SPECTATOR BECAUSE OF THEIR LAISSEZ-

FRIAR POLICY.

WITH THE PASSING OF THE FACTORIES ACT IN 1881, THINGS STARTED

IMPROVING. RESTRICTIONS WERE BROUGHT ON THE WORKING HOURS,

EMPLOYMENT OF CHILDREN, WORKING CONDITIONS, ETC.

THE WORLD WAR I CREATED A BOOM FOR EMPLOYERS. WITH THE RISING

PRICES, THEIR PROFITS WENT UP ENORMOUSLY. THE WAGES OF THE

WORKERS DID NOT KEEP IN PACE WITH THE RISE IN COST OF LIVING. THE

WORKERS RESORTED TO STRIKES.

DURING THE WORLD WAR II, THE EMPLOYERS AGAIN MADE ENORMOUS

PROFITS. THE WORKERS DEMANDED A SHARE IN IT. BONUS & DEARNESS

ALLOWANCE WAS GRANTED TO THEM. THE MONEY WAGES DID NOT KEEP IN

PACE WITH RISE IN COST OF LIVING. GOVERNMENT TRIED PROHIBITION OF

STRIKES UNDER THE EMERGENCY RULES. IT PROVIDED FOR THE

ADJUDICATION OF DISPUTES

INDEPENDENCE & AFTER:

IMMEDIATELY AFTER THE INDEPENDENCE, IN THE INTEREST OF THE NATIONAL

ECONOMY, IT WAS CONSIDERED TO PUT A STOP TO STRIKES / LOCKOUTS &

HAVE UNINTERRUPTED PRODUCTION.

IN THE YEAR 1948 THE FOLLOWING LAWS WERE ENACTED:

o THE FACTORIES ACT

o THE MINIMUM WAGES ACT

o THE EMPLOYEE STATE INSURANCE ACT

IT HAS ALWAYS BEEN A SHOW OF STRENGTH BETWEEN EMPLOYER &

EMPLOYEE.

THE GOVERNMENT FOLLOWED CLOSED ECONOMY POLICY. THE CUSTOMER /

CONSUMER SUFFERED FOR THEY HAD NO CHOICES.

THE EMPLOYER & EMPLOYEE CONTINUED TO HOLD THE CUSTOMER TO

RANSOM.

AFTER 1991

WITH LIBERALISATION POLICY, THE THINGS LOOKED DIFFERENT. BOTH THE

EMPLOYER & EMPLOYEE REALIZED THAT THEY COULD NOT TAKE THE

CUSTOMER FOR GRANTED. FOR THE CUSTOMER HAD A CHOICE. THE INDIAN

ECONOMY WAS THROWN OPEN TO INTERNATIONAL PLAYERS. THE UNION

STARTED LOOSING ITS BARGAINING STRENGTH BECAUSE OF OUTSOURCING

POLICY. MORE & MORE KNOWLEDGEABLE WORKERS REPLACED MANUAL

WORKERS. OPPORTUNITIES INCREASED. THE SERVICE SECTOR BOOMED.

OPPORTUNITIES TO WORK ABROAD & EARN A GOOD SALARY BECAME THE

DREAM OF ALL THE EMPLOYEES.

CHARACTERISTICS OF INDIAN IR SYSTEM:

EMPLOYER IN RETROSPECT & HISTORICALLY USED TO CONSIDER TRADE

UNION AS NECESSARY EVIL OF THE INDUSTRIAL SYSTEM

THE TRADE UNION PERCEIVE THEIR MAIN TASK IS TO CHALLENGE & OPPOSE

DECISIONS OF EMPLOYER

TRADE UNIONS ARE POORLY ORGANIZED IN THE COUNTRY

THE PARTIES ARE LARGELY IN DISAGREEMENT OVER THE SCOPE OF

COLLECTIVE BARGAINING & VARIOUS ISSUES TO THEIR NEGOTIATION

PROCESS.

BARGAINING BETWEEN EMPLOYERS & UNIONS IS VERY MUCH CENTRALIZED.

THE EMPLOYERS ARE HIGHLY ORGANIZED.

INDIAN UNIONS ARE HIGHLY CONSERVATIVE

MACHINERY FOR SETTLEMENT OF DISPUTES

INTRODUCTION:

THE FOLLOWING ARE THE AUTHORITIES ESTABLISHED UNDER THE IDA 1947

FOR SETTLEMENT OF DISPUTES

o WORKS COMMITTEE

o CONCILIATION OFFICER

o BOARD OF CONCILIATION

o COURTS OF ENQUIRY

o LABOUR COURTS

o TRIBUNALS

o NATIONAL TRIBUNAL

WORKS COMMITTEE

o CONSTITUTION:

CONSTITUTED BY THE EMPLOYER AT THE INSTANCE OF THE

APPROPRIATE GOVERNMENT

EMPLOYER HAS TO CONSTITUTE IN CASE EMPLOYS 100 OR

MORE WORKMEN IN HIS INDUSTRIAL ESTABLISHMENT

IT WILL CONSIST OF REPRESENTATIVES OF WORKMEN &

EMPLOYER

THE REPRESENTATIVES SHALL BE OF EQUAL NUMBERS

IF THE INDUSTRIAL ESTABLISHMENT HAS A RECOGNISED TRADE

UNION, THEN IT SHALL APPOINT IT NOMINEE TO THE COMMITTEE

o DUTY:

PROMOTE MEASURES FOR SECURING & PRESERVING AMITY &

GOOD RELATIONS BETWEEN EMPLOYER & WORKMEN

COMMENT UPON MATTERS OF THEIR COMMON INTEREST OR

CONCERN; & ENDEAVOUR TO COMPOSE ANY DIFFERENCE OF

OPINION IN RESPECT OF SUCH MATTERS

CONCILIATION OFFICERS

o CONSTITUTION:

APPOINTED BY APPROPRIATE GOVERNMENT [AG] BY

NOTIFICATION IN THE OFFICIAL GAZETTE

THE NUMBER OF PERSONS TO BE APPOINTED IS AT THE

DISCRETION OF THE AG

APPOINTED FOR SPECIFIED AREAS OR FOR SPECIFIED

INDUSTRIES IN SPECIFIED AREA OR FOR ONE OR MORE

SPECIFIED INDUSTRIES

APPOINTMENT COULD BE PERMANENT, OR FOR LIMITED PERIOD

o DUTY:

MEDIATE & PROMOTE THE SETTLEMENT OF INDUSTRIAL

DISPUTES

BOARD OF CONCILIATION:

o CONSTITUTION:

CONSTITUTED BY AG BY NOTIFICATION IN THE OFFICIAL

GAZETTE

IT SHALL CONSIST OF A CHAIRMAN, & EVEN NUMBER OF

MEMBERS. CHAIRMAN IS AN INDEPENDENT PERSON. WHILE THE

MEMBERS REPRESENT THE PARTIES TO DISPUTE

CHAIRMAN IS APPOINTED BY THE AG; WHILE THE MEMBERS ARE

APPOINTED AT THE RECOMMENDATION OF THE PARTY TO THE

DISPUTE

THE BOARD SHALL NOT ACT IN THE ABSENCE OF THE

CHAIRMAN

o DUTY:

MEDIATE & PROMOTE THE SETTLEMENT OF INDUSTRIAL

DISPUTES

IF THE PARTY FAILS TO MAKE RECOMMENDATIONS WITHIN IT

COURTS OF ENQUIRY:

o CONSTITUTION:

CONSTITUTED BY THE AG BY NOTIFICATION IN THE OFFICIAL

GAZETTE

THE COURT MAY CONSIST OF ONE MEMBER OR MORE THAN

ONE MEMBER. IF MORE THAN ONE MEMBER, THEN ONE OF THEM

WILL BECOME THE CHAIRMAN. THE REST OF THE MEMBERS

WILL BE EVEN NUMBERS

o DUTY:

ENQUIRE INTO ANY MATTER APPEARING TO BE CONNECTED

WITH RELEVANT TO AN INDUSTRIAL DISPUTE

LABOUR COURTS:

o CONSTITUTION:

CONSTITUTED BY THE AG BY NOTIFICATION IN THE OFFICIAL

GAZETTE

ONE OR MORE LABOUR COURTS MAY BE CONSTITUTED

A LABOUR COURT SHALL CONSIST OF ONE PERSON. HE IS

APPOINTED BY THE AG BY NOTIFICATION IN THE OFFICIAL

GAZETTE

o DUTY:

ADJUDICATE INDUSTRIAL DISPUTE

THE SUBJECT MATTER OF THE INDUSTRIAL DISPUTE IS

SPECIFIED IN SECOND SCHEDULE OF THE SAID ACT

TRIBUNALS:

o CONSTITUTION:

CONSTITUTED BY THE AG BY NOTIFICATION IN THE OFFICIAL

GAZETTE

ONE OR MORE TRIBUNALS MAY BE CONSTITUTED

A TRIBUNAL SHALL CONSIST OF ONE PERSON. HE IS APPOINTED

BY THE AG BY NOTIFICATION IN THE OFFICIAL GAZETTE

THE AG MAY APPOINT TWO PERSONS AS ASSESSORS TO

ADVISE THE TRIBUNAL IN THE PROCEEDING BEFORE IT

o DUTY:

ADJUDICATE INDUSTRIAL DISPUTES

THE SUBJECT MATTER OF INDUSTRIAL DISPUTE MAY BE

SPECIFIED IN SECOND OR THIRD SCHEDULE OF THE SAID ACT

NATIONAL TRIBUNAL:

o CONSTITUTION:

CONSTITUTED BY CENTRAL GOVERNMENT BY NOTIFICATION IN

THE OFFICIAL GAZETTE

CAN HAVE ONE OR MORE NATIONAL TRIBUNAL

IT SHALL CONSIST OF ONE MEMBER. HE IS APPOINTED BY THE

CENTRAL GOVERNMENT

THE CENTRAL GOVERNMENT MAY APPOINT TWO PERSON AS

ASSESSORS TO ADVISE THE NATIONAL TRIBUNAL IN THE

PROCEEDING BEFORE IT

o DUTY:

ADJUDICATE INDUSTRIAL DISPUTES WHICH IN THE OPINION OF

THE CENTRAL GOVERNMENT INVOLVE QUESTIONS OF

NATIONAL IMPORTANCE OR OF SUCH A NATURE THAT

INDUSTRIAL ESTABLISHMENT SITUATED IN MORE THAN ONE

STATE ARE LIKELY TO BE INTERESTED IN OR AFFECTED BY

SUCH DISPUTES

REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS

REFERENCE OF DISPUTES TO BOARDS, COURTS, OR TRIBUNALS

WHEN AN INDUSTRIAL DISPUTES EXISTS OR IT IS APPREHENDED BY AG, THEN

THE DISPUTE IS REFERRED IN WRITING

REFERENCES DONE BY AG TO EITHER OF THE AUTHORITIES:

PARTIES TO THE INDUSTRIAL DISPUTES CAN ALSO APPLY IN THE PRESCRIBED

MANNER FOR REFERENCE OF THE DISPUTE TO THE APPROPRIATE

AUTHORITIES

THE APPLICATION CAN BE MADE JOINTLY.

IF THE APPLICATION IS MADE BY THE UNION, THEN IT SHOULD BE THE

RECOGNISED UNION

IN THE ORDER OF REFERENCE; TO THE LC / T / NT THE AG SHALL SPECIFY THE

PERIOD BY WHICH THE AWARD SHALL BE SUBMITTED. IF THE ID IS

CONCERNED WITH AN INDIVIDUAL WORKMAN THEN THE AWARD SHALL BE

SUBMITTED WITHIN THREE MONTHS OF REFERENCE

NO PROCEEDING BEFORE THE LC / T / NT SHALL LAPSE JUST BECAUSE THE

PERIOD WITHIN WHICH THE AWARD HAS TO BE GIVEN HAS EXPIRED. THE

PROCEEDING SHOULD BE COMPLETED

ONCE THE REFERENCE ORDER HA BEEN MADE SHALL ALSO BY ORDER

PROHIBIT THE CONTINUANCE OF STRIKE OR LOCK OUT IN CONNECTION WITH

SUCH DISPUTE

THE AUTHORITIES CONCERNED SHALL GIVE THEIR AWARD RELATED TO

THOSE POINTS & MATTERS INCIDENTAL THERETO

IF REFERENCE HAS BEEN MADE TO NT THEN LC / T HAS NO AUTHORITY TO

ADJUDICATE ON SUCH MATTERS

REFERENCES HALL NOT LAPSE MERELY ON THE GROUND THAT EITHER OF

THE PARTY TO THE DISPUTE HAS EXPIRED

VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION:

INSTEAD OF REFERRING THE MATTER TO THE AUTHORITIES SPECIFIED UNDER

THE ACT, BOTH THE PARTIES CAN REFER THE MATTER TO ARBITRATION IN

WRITING & IN A PRESCRIBED MANNER

IT SHOULD DO SO BEFORE THE AG REFERS THE MATTER TO THE CONCERNED

AUTHORITIES

THE ARBITRATOR SHOULD BE JOINTLY AGREED UPON

A COPY OF THE ARBITRATION AGREEMENT SHALL BE SENT TO THE AG; WHICH

WILL PUBLISHED IN THE OG

THE UNION MAKING THE APPLICATION SHALL BE THE RECOGNISED UNION

ONCE THE MATTER HAS BEEN REFERRED TO ARBITRATION; THEN THE AG BY

ORDER IN WRITING PROHIBIT THE CONTINUANCE OF ANY STRIKE OR LOCK

OUT IN CONNECTION WITH SUCH DISPUTE

THE ARBITRATION ACT 1940 SHALL NOT APPLY TO ARBITRATION UNDER THIS

SECTION

PROCEDURE, POWERS & DUTIES OF AUTHORITIES

THE AUTHORITIES SHALL SUCH PROCEDURE WHICH HAS BEEN MADE IN THIS

BEHALF

POWERS:

THE AUTHORITIES CAN ENTER THE PREMISES TO WHICH THE DISPUTE

RELATES

THE AUTHORITIES CAN ENFORCE ATTENDANCE OF PERSONS CONCERNED

WITH DISPUTE

EXAMINE SUCH PERSONS UNDER OATH

COMPEL THE PRODUCTION OF DOCUMENTS & MATERIAL OBJECTS

SUMMON WITNESSES FOR EXAMINATION PURPOSES

ALL AUTHORITIES UNDER THE ACT ARE DEEMED TO BE PUBLIC SERVANT

POWERS OF LC / T / NT

IF THE SUBJECT MATTER IS OF TERMINATION OF A WORKMAN, & THE

AUTHORITIES ARE SATISFIED THAT THE ORDER OF TERMINATION IS NOT

JUSTIFIED, THE IT MAY SET ASIDE THE ORDER OF TERMINATION & DIRECT

REINSTATEMENT ON SUCH TERMS & CONDITIONS AS IT THINKS FIT; OR GIVE

LESSER PUNISHMENT

THE AUTHORITIES SHALL RELY ON THE MATERIALS ON RECORD; & SHALL NOT

RELY ANY FRESH EVIDENCE IN RELATION TO THE MATTER

DUTIES OF CO

HOLD CONCILIATION PROCEEDINGS IN A PRESCRIBED MANNER

INVESTIGATE THE DISPUTE

INDUCE PARTIES TO COME TO A FAIR & AMICABLE SETTLEMENT OF THE

DISPUTE

IF SETTLEMENT IS ARRIVED AT, THEN SEND A REPORT TO THE AG, ALONG

WITH A COPY OF THE SETTLEMENT

IF NO SETTLEMENT IS ARRIVE THEN SUBMIT A FAILURE REPORT TO THE AG

ALONG WITH REASONS AS TO WHY NO SETTLEMENT COULD BE ARRIVED AT

THE CO SHALL SUBMIT THE REPORT WITHIN 14 DAYS OF COMMENCEMENT OF

THE CONCILIATION PROCEEDING

ON RECEIPT OF FAILURE REPORT IF THE AG IS SATISFIED THAT THERE IS A

CASE OF REFERENCE TO BOARD, LC / T / NT; THEN IT SHALL MAKE SUCH

REFERENCE. IT SHALL RECORD & COMMUNICATE TO THE PARTIES THE

REASONS FOR DOING SO

DUTIES BOARD:

INVESTIGATE THE DISPUTE

ENDEAVOUR TO BRING ABOUT A SETTLEMENT AMONG THE PARTIES

INDUCE THE PARTIES TO COME TO AN AMICABLE SETTLEMENT

IF NO SETTLEMENT IS ARRIVED THEN SUBMIT A FAILURE REPORT TO THE AG,

ALONG ITH REASONS AS TO WHY SETTLEMENT COULD NOT BE ARRIVED AT

THE BOARD SHALL SUBMIT ITS REPORT WITHIN TWO MONTHS FROM THE DATE

OF REFERENCE

ON RECEIPT OF FAILURE REPORT IF THE AG IS SATISFIED THAT THERE IS A

CASE OF REFERENCE TO BOARD, LC / T / NT; THEN IT SHALL MAKE SUCH

REFERENCE. IT SHALL RECORD & COMMUNICATE TO THE PARTIES THE

REASONS FOR DOING SO

DUTIES OF COURT

INQUIRE INTO THE MATTER REFERRED TO IT

GIVE ITS AWARD WITHIN SIX MONTHS FROM THE DATE THE MATTER HAS BEEN

REFERRED TO IT

PUBLICATION OF REPORTS & AWARDS

WITHIN THIRTY DAYS FROM RECEIPT OF THE REPORT FROM THE ABOVE SAID

AUTHORITIES, THE AG SHALL PUBLISH THE REPORT

THE AWARD SO PUBLISHED IS FINAL, & CANNOT BE CHALLENGED IN ANY

COURT OF LAW

COMMENCEMENT OF THE AWARD

THE AWARD SHALL BECOME ENFORCEABLE ON EXPIRY OF THIRTY DAYS

FROM DATE OF PUBLICATION

IF THE AG IS OF THE OPINION THAT ON PUBLIC GROUNDS AFFECTING

NATIONAL ECONOMY OR SOCIAL JUSTICE TO GIVE EFFECT TO THE WHOLE OR

ANY PART OF THE AWARD THE AG MAY BY NOTIFICATION IN THE OG DECLARE

THAT THE AWARD SHALL NOT BE ENFORCEABLE ON THE EXPIRY OF THIRTY

DAY

IF THE LC / T / NT ORDERS REINSTATEMENT OF A TERMINATED WORKMAN, &

THE EMPLOYER PREFERS TO CHALLENGE SUCH AWARD IN HC / SC CAN DO

SO. BUT SHALL BE LIABLE TO PAY FULL WAGES TO SUCH WORKMAN AS IF HE

IS ON DUTY

PERSONS TO WHOM SETTLEMENT & AWARDS ARE BINDING:

A SETTLEMENT ARRIVED BETWEEN THE PARTIES SHALL BE BINDING ON THE

PARTIES TO THE AGREEMENT

IF SETTLEMENT IS ARRIVED IN THE COURSE OF CONCILIATION PROCEEDINGS,

THE AWARD OF LC / T / NT OR AN ARBITRATION AWARD SHALL BE BINDING ON

ALL PARTIES TO THE ID INCLUDING THE PRESENT & FUTURE EMPLOYEES WHO

WILL JOIN THE O. IT SHALL BE APPLICABLE TO THE EMPLOYER’ HEIRS,

SUCCESSORS OR ASSIGN IN RESPECT OF THE ESTABLISHMENT TO WHICH THE

DISPUTE RELATES

PERIOD OF OPERATION OF SETTLEMENTS & AWARDS

SETTLEMENT SHALL COME INTO OPERATION FROM THE DATE AS IS AGREED

UPON & IF NO DATE HAS BEEN AGREED UPON THEN FROM THE DATE OF

SIGNING OF THE MEMORANDUM OF SETTLEMENT

SUCH SETTLEMENT SHALL BE BINDING FOR SUCH PERIODS AS IS AGREED

UPON BY THE PARTIES, & IF SUCH PERIOD IS AGREED UPON THEN FOR A

PERIOD OF SIX MONTHS FROM THE DATE OF SIGNING THE MEMORANDUM OF

SETTLEMENT. IT SHALL CONTINUE TO APPLY AFTER THE EXPIRY OF THE AID

PERIOD UNTIL EITHER PARTY DECIDES TO TERMINATE THE SETTLEMENT. IF

ONCE THE NOTICE OF TERMINATION HAS BEEN GIVEN THEN ON EXPIRY OF

TWO MONTHS FROM THE DATE ON WHICH NOTICE HAS BEEN GIVEN

AN AWARD SHALL BE IN OPERATION FOR A PERIOD OF ONE YEAR. THE AG

MAY EXTEND THE PERIOD OF THE AWARD FOR MORE THAN ONE YEAR; BUT

UNDER NO CIRCUMSTANCES SHALL IT EXTEND IT BEYOND THREE YEARS. THE

AWARD SHALL CONTINUE TO APPLY AFTER EXPIRY OF THREE YEARS, TILL

EITHER PARTY GIVES A NOTICE OF TERMINATION IN WRITING

COMMENCEMENT & CONCLUSION OF PROCEEDINGS

A CONCILIATION PROCEEDING SHALL BE DEEMED TO HAVE COMMENCED ON

THE DATE ON WHICH NOTICE OF STRIKE OR LOCKOUT IS RECEIVED BY

CONCILIATION OFFICER OR FROM THE DATE OF THE ORDER REFERRING THE

DISPUTE TO THE BOARD

A CONCILIATION PROCEEDING SHALL BE DEEMED TO HAVE CONCLUDED:

o ON ARRIVAL OF SETTLEMENT

o WHEN MEMORANDUM OF SETTLEMENT HAS BEEN SIGNED

o IF NO SETTLEMENT HAS BEEN AT, THE FROM THE DATE OF FAILURE

REPORT RECEIVED BY THE AG

o DATE OF PUBLICATION OF THE BOARD REPORT

o REFERENCE I MADE TO COURT DURING THE PENDENCY OF THE

CONCILIATION PROCEEDING

o PROCEEDING BEFORE LC / T / NT / A SHALL BE DEEMED TO HAVE

COMMENCED ON THE DATE OF THE REFERENCE. AND SUCH

PROCEEDINGS SHALL BE DEEMED TO HAVE CONCLUDED FROM THE

DATE THE AWARD BECOMES ENFORCEABLE

COLLECTIVE BARGAINING [CB]

INTRODUCTION:

AVERY IMPORTANT TOOL IN CONFLICT RESOLUTION. IT BUILDS UP A SAFETY

VALVE

THE WORD COLLECTIVE DENOTE THAT IT IS A GROUP ACTION; & THE WORD

BARGAINING DENOTES NEGOTIATION

IT OPERATES ON THE PRINCIPLE OF: “GIVE & TAKE”

IT IS DYNAMIC & NOT A STATIC CONCEPT

MAIN FEATURES OF CB:

IT IS A GROUP ACTION A OPPOSED TO INDIVIDUAL ACTION

IT IS INITIATED THROUGH THE REPRESENTATIVES OF WORKERS

IT IS FLEXIBLE & MOBILE & NOT FIXED OR RIGID

IT IS TWO PARTY PROCESS

IT IS CONTINUOUS PROCESS

IT IS DYNAMIC & NOT STATIC

IT IS INDUSTRIAL DEMOCRACY AT WORK

IT IS A COMPLIMENTARY & NOT A COMPETITIVE PROCESS

IMPORTANCE OF CB

INCREASES THE ECONOMIC STRENGTH OF BOTH THE PARTIES

ESTABLISHES UNIFORM CONDITIONS OF EMPLOYMENT WITH A VIEW TO AVOID

INDUSTRIAL DISPUTES & MAINTAIN STABLE PEACE

SECURE A PROMPT A FAIR REDRESSAL OF GRIEVANCES

AVOID INTERRUPTIONS IN WORK LIKE STRIKE, GO LOW TACTICS

LAY DOWN FAIR RATES OF WAGES & NORMS OF WORKING CONDITIONS

ACHIEVES AN EFFICIENT OPERATION OF THE PLANT

PROMOTES STABILITY & PROSPERITY OF THE INDUSTRY

FUNCTIONS OF CB:

IT I A PROCESS OF SOCIAL CHANGE

IT IS A PEACE TREATY

IT IS SYSTEM OF INDUSTRIAL JURISPRUDENCE

PROCESS OF SOCIAL CHANGE:

IT BRINGS ABOUT RE-ARRANGEMENT IN THE POWER HIERARCHY OF

COMPETING GROUP

IT IS A SOURCE OF STABILITY IN A CHANGING ENVIRONMENT. THE WAGE

EARNERS ENHANCE THEIR SOCIAL & ECONOMIC POSITION, IN ABSOLUTE

TERMS & RELATION TO OTHER GROUP. AND AT THE SAME TIME, THE

MANAGEMENT HA RETAINED A LARGE MEASURE OF POWER & DIGNITY. THIS

CHANGE COMES GRADUALLY, WITH EACH CLASH BETWEEN THE OPPOSING

PARTIES SETTLED WITH A NEW COMPROMISE SOMEWHAT DIFFERENT FROM

THE PREVIOUS SETTLEMENT

PEACE TREATY:

IT IS PEACE TREATY BETWEEN TWO PARTIES IN CONTINUAL CONFLICT

HOWEVER THE SETTLEMENT BETWEEN BOTH PARTIES IS A COMPROMISE; A

TEMPORARY TRUCE ARRIVED AT BETWEEN BOTH PARTIES

INDUSTRIAL JURISPRUDENCE

IT IS A METHOD OF INTRODUCING CIVIL RIGHTS INTO AN INDUSTRY

IT IS RULE MAKING OR LEGISLATIVE PROCESS; WHEREIN BOTH THE PARTIES

AGREE TO COOPERATE WITH EACH OTHER

IT IS AN EXECUTIVE PROCESS. BOTH MANAGEMENT & TRADE UNISONS AGREE

TO SHARE THE RESPONSIBILITY OF ENFORCING THE RULES

IT I JUDICIAL PROCESS. IN THE AGREEMENT THERE IS A PROVISION FOR THE

INTERPRETATION OF THE AGREEMENT. IF THERE IN PROVISION TO THAT

EFFECT, TH SAME IS SETTLED ACCORDING TO THE UNWRITTEN LIFE OF SHOP

PRACTICES. THE DECISIONS IN THESE CASES ACT AS PRECEDENTS IN A

MANNER SIMILAR TO THE INTERPRETATION OF LEGISLATION BY THE COURT

PRINCIPLES OF CB

FOR UNION & MANAGEMENT

o IT SHOULD BE BOTH AN EDUCATIONAL & BARGAINING PROCESS

o MEANS OF FINDING BEST POSSIBLE SOLUTION

o COMMAND RESPECT OF EACH OTHER. HAVE ENOUGH BARGAINING

POWER TO ENFORCE THE TERMS OF AGREEMENT THAT MAY BE

ARRIVED AT

o HAVE FAITH & CONFIDENCE IN EACH OTHER.

o DESIRE TO MAKE CB EFFECTIVE IN PRACTICE

o THE LEADERSHIP SHOULD BE HONEST, ABLE, & RESPONSIBLE

o ABIDE BY THE NATIONAL / STATE LAWS

FOR MANAGEMENT:

o FOLLOWS REALISTIC LABOUR POLICY

o RECOGNISE THE UNION WHICH HAS THE LARGEST MEMBERSHIP OF

EMPLOYEES

o DO NOT TAKE FOR GRANTED THE EXISTENCE OF GOODWILL OF THE

EMPLOYEES

o ESTABLISH SATISFACTORY RELATIONSHIP WITH THE UNION

o BE PROACTIVE TO THE GRIEVANCES OF THE EMPLOYEES

o WHILE NEGOTIATING EMPHASIZE ON SOCIAL CONSIDERATION

FOR TRADE UNION:

o AVOID UNDEMOCRATIC PRACTICE

o ASSIST THE MANAGEMENT IN ELIMINATION OF WASTE, & IMPROVE THE

QUALITY & QUANTITY OF PRODUCTION

o UNDERSTAND THE ECONOMIC IMPLICATIONS OF CB

o RESORT TO STRIKE AS A LAST MEASURE

CONTENT & COVERAGE OF A CB AGREEMENT

THE FOLLOWING FACTS SHOULD BE INCLUDED IN A COLLECTIVE AGREEMENT

o THE PURPOSE, SCOPE & IMPORTANT DEFINITION OF THE AGREEMENT

o THE RIGHTS & RESPONSIBILITIES OF BOTH THE PARTIES

o WAGES, BONUS, PRODUCTION NORMS, LEAVE, RETIRING BENEFITS &

OTHER BENEFITS & TERMS & CONDITION OF SERVICE

o GRIEVANCE RE-DRESSAL PROCEDURE

o METHOD OF & MACHINERY FOR THE SETTLEMENT OF POSSIBLE

FUTURE DISPUTES

o TERMINATION CLAUSE

FORMS OF CB:

THERE ARE FOUR CATEGORIES:

o AGREEMENTS WHICH ARE NEGOTIATED BY THE PARTIES WITHOUT THE

INVOLVEMENT OF THE THIRD PARTIES [GOVERNMENT]

o AGREEMENTS WHICH ARE NEGOTIATED DURING THE COURSE OF

CONCILIATION PROCEEDING

o AGREEMENTS WHICH ARE ARRIVED BETWEEN PARTIES, BUT SIGNED

BEFORE THE CONCILIATION OFFICER

o AWARDS GIVEN BY THE COURT

PROCESS OF NEGOTIATION DURING BARGAINING

THERE ARE TWO STAGES IN CB:

o THE NEGOTIATION STAGE

o THE STAGE OF CONTRACT ADMINISTRATION

THE NEGOTIATION STAGE:

PREPARATION FOR NEGOTIATION:

o NEGOTIATION MAY COMMENCE AT THE INSTANCE OF EITHER PARTY

o IT IS COLLECTION OF DATA ON THE VARIOUS SUBJECT MATTER OF

DEMANDS

o STUDYING THE IMPLICATIONS OF THE DEMANDS IN MONETARY TERMS

NEGOTIATION TECHNIQUE:

o NEGOTIATION DONE BY REPRESENTATIVES FROM BOTH SIDES

o NORMALLY EACH SIDE WILL HAVE FIVE MEMBERS

o THE MEMBERS SHOULD HAVE AUTHORITY TO COME TO AN

UNDERSTANDING

o THE FOLLOWING PROCEDURE SHOULD BE FOLLOWED:

INTRODUCE EVERYBODY

LISTEN

KNOW THE PERSONAL HISTORY OF EACH MEMBER

DO WHAT IS RIGHT & FAIR

THINK RATHER THAN FEEL THROUGH A PROBLEM

DON’T HURRY

DON’T LET NEGOTIATION REACH A STAGE OF STALEMATE

DEFINE EACH ISSUE CLEARLY, & DISCUSS IT IN THE LIGHT OF

THE FACTS AVAILABLE

DO NOT INSERT SPECIFIC REGULATION IN THE CONTRACT TO

ENSURE GRATER FLEXIBILITY

PUT IT DOWN IN WRITING WHATEVER HAS BEEN AGREED UPON

WHILE NEGOTIATING DO NOT RESORT TO UNFAIR MEANS

DO NOT USE THE SERVICES OF LAWYERS FOR NEGOTIATION

FOLLOW UP ACTION:

o THE AGREEMENT WHICH HAS BEEN ARRIVED SHOULD BE PRINTED &

CIRCULATED TO ALL THE EMPLOYEES

o EXPLAIN THE CLAUSE OF THE AGREEMENTS TO ALL THE

MANAGEMENT STAFF, O THAT THEY CAN EFFECTIVELY IMPLEMENT THE

AGREEMENT

CONTRACT ADMINISTRATION:

CONTRACT SHOULD BE SIGNED BY BOTH THE PARTIES

HONOUR IT LETTER & SPIRIT

RESOLVE THE DIFFERENCES GENUINELY

THE ATTITUDES OF THE PARTIES:

THE FOLLOWING FACTORS INFLUENCE THE DECISION MAKING PROCESS IN CB

o ECONOMIC FACTORS

INCLUDES FACTORS LIKE NATURE OF THE PRODUCT / MARKET,

CAPITAL REQUIREMENTS, COST CONDITIONS, TYPE OF

OWNERSHIP & BUSINESS CYCLE

BOTH THE PARTIES SHOULD NEGOTIATE FROM THEIR

STRENGTH RATHER THAN FROM THEIR WEAKNESS

o PSYCHOLOGICAL FACTORS

DETERMINED BY THE ATTITUDE OF MANAGEMENT & TRADE

UNION

o FACTORS INFLUENCING THE POWER STRUCTURE

CAPACITY OF EACH PARTY EITHER TO STOP WORK OR CLOSE

DOWN THE OPERATION

THE FIGHTING POWER DEPENDS UPON THE FINANCIAL

CONDITION OF BOTH THE PARTY

PREREQUISITES OF SUCCESSFUL CB

CHANGE IN THE ATTITUDES OF BOTH PARTIES

ENTER INTO NEGOTIATION WITH AN INTENTION OF ARRIVING AT A

SETTLEMENT

NEGOTIATE ON ACTS & FIGURES

AVOID UNFAIR PRACTICES

IT SHOULD NOT INTERFERE WITH THE RIGHTS [STRIKE OR LOCK-OUT] OF THE

PARTIES

HONOUR THE AGREEMENT.

IMPLEMENT IT FAIRLY

IN CASE OF DIFFERENCE OF OPINION, RE-NEGOTIATE OR REFER IT A THIRD

PARTY MUTUALLY

WORKERS PARTICIPATION IN MANAGEMENT

CONCEPT:

THE TECHNIQUE OF WPM IS REGARDED A POWERFUL BEHAVIOURAL TOOL

FOR MANAGING IR SYSTEM

THE CONCEPT OF WPM CRYSTALLIZES THE CONCEPT OF INDUSTRIAL

DEMOCRACY, & INDICATE AN ATTEMPT ON THE PART OF AN EMPLOYER TO

BUILD HIS EMPLOYEES INTO A TEAM WHICH WORKS TOWARDS THE

REALIZATION OF A COMMON OBJECTIVE

IT IS A MENTAL & EMOTIONAL INVOLVEMENT OF A PERSON IN A GROUP

SITUATION WHICH ENCOURAGES HIM TO CONTRIBUTE TO GOALS & SHARE

RESPONSIBILITIES WITH THEM

THE ESSENCE OF LABOUR PARTICIPATION IN MANAGEMENT LIES IN THE FIRM

BELIEF & CONFIDENCE IN THE INDIVIDUAL IN HI CAPACITY FOR GROWTH &

LEARNING, IN HIS ABILITY TO CONTRIBUTE SIGNIFICANTLY WITH HIS HANDS A

WELL AS HIS HEART.

THE PRINCIPLE OF WPM AFFORDS A SELF-REALIZATION IN WORK & MEETS

THE PSYCHOLOGICAL NEEDS OF WORKERS AT WORK BY ELIMINATING TO

LARGE EXTENT ANY FEELING OF FUTILITY, ISOLATION & CONSEQUENT

FRUSTRATION THAT THEY FACE IN A NORMAL INDUSTRIAL SETTING

IT IS A SYSTEM OF COMMUNICATION & CONSULTATION EITHER FORMAL OR

INFORMAL BY WHICH EMPLOYEES OF AN O ARE KEPT INFORMED ABOUT THE

AFFAIR OF THE O & THROUGH WHICH THEY EXPRESS THEIR OPINION 7

CONTRIBUTE TO MANAGEMENT DECISIONS

THE EMPLOYERS REALIZATION OF THE NEED FOR WPM WAS CONSIDERABLY

INFLUENCED BY THE FOLLOWING FACTORS:

o THE INCREASED USE OF TECHNOLOGY IN INDUSTRY HAS

NECESSITATED THE GROWING COOPERATION OF WORKERS BECAUSE

OF THE COMPLEX OPERATION OF PRODUCTION

o THE CHANGED VIEW THAT EMPLOYEES ARE NO LONGER SERVANTS

BUT EQUAL PARTNERS WITH THEIR EMPLOYERS IN THEIR EFFORTS TO

ATTAIN THE GOALS OF THE ENTERPRISE

o THE GROWTH OF TRADE UNIONS WHICH SAFEGUARD THE INTERESTS

OF WORKERS & PROTECT THEM AGAINST POSSIBLE EXPLOITATION BY

THEIR EMPLOYERS

o THE GROWING INTEREST OF THE GOVERNMENT IN THE DEVELOPMENT

OF INDUSTRIES & WELFARE OF WORKERS

o THE NEED FOR INCREASED & UNINTERRUPTED PRODUCTION WHICH

CAN BE ACHIEVED ONLY WHEN THERE IS A CONTENDED LABOUR

CLASS

OBJECTIVES OF WPM:

AN INSTRUMENT FOR IMPROVING THE EFFICIENCY OF ENTERPRISE &

ESTABLISHING HARMONIOUS IR

A DEVICE FOR DEVELOPING OCIAL EDUCATION FOR THE PURPOSE OF

PROMOTING SOLIDARITY AMONG THE WORKING COMMUNITY & OR TAPPING

LATENT HUMAN RESOURCES

A MEAN FOR ATTAINING INDUSTRIAL PEACE & HARMONY WHICH LEAD TO

HIGHER PRODUCTIVITY & INCREASED PRODUCTION

A HUMANITARIAN ACT, GIVING THE WORKER AN ACCEPTABLE STATUS WITHIN

THE WORKING COMMUNITY & A SENSE OF PURPOSE IN HIS ACTIVITY

AN IDEOLOGICAL POINT OF VIEW TO DEVELOP SELF-MANAGEMENT IN

INDUSTRY

OUTCOME OF WPM:

CHALLENGING WORK FOR WORKERS

HEIGHTENED SENSE OF RESPONSIBILITY

MEANINGFUL RELATIONSHIP TO WORK

AVAILABILITY OF WORKERS IDEAS & SUGGESTIONS TO MANAGEMENT

REALISTIC MANAGEMENT DECISIONS

ACCOMMODATION, CHANGE, MOTIVATION & COMMITMENT TO IMPLEMENT

DECISIONS

EFFECTIVE COMMUNICATION SYSTEM

BETTER WORKER SUPERVISOR RELATIONSHIP

FORMS OF WPM IN INDIA

WORKS COMMITTEE

o AS PER IDA 1947

JOINT COUNCILS

o CONSTITUTED AT A DIVISIONAL LEVEL

UNIT COUNCILS

o APPLICABLE IN COMMERCIAL & SERVICE O IN THE PUBLIC SECTOR

PLANT COUNCILS

o APPLICABLE TO ALL CENTRAL PUBLIC SECTORS

SHOP COUNCILS

o APPLICABLE AT DEPARTMENTAL LEVEL

WORKERS PARTICIPATION IN BOARD OF MANAGEMENT

o APPLICABLE TO PUBLIC SECTOR UNDERTAKINGS

o REPRESENTATIVE OF WORKERS SITS IN THE BOARD OF DIRECTORS

WORKERS PARTICIPATION IN SHARE CAPITAL

o 10% TO 15% NEW SHARES TO GIVEN TO WORKERS

WHY WPM FAILED:

IDEOLOGICAL DIFFERENCES BETWEEN EMPLOYERS & EMPLOYEES

REGARDING DEGREE OF PARTICIPATION

FAILURE TO IMBIBE SPIRIT OF PARTICIPATION BY THE PARTIES

MULTIPLICITY OF PARTICIPATIVE FORMS

LACK OF STRONG TU

UNHEALTHY IR

ILLITERACY OF WORKERS

NON-COOPERATIVE ATTITUDE OF THE WORKING CLASS

DELAYS IN THE IMPLEMENTATION OF THE DECISION OF PARTICIPATIVE

BODIES

CONDITION NECESSARY FOR EFFECTIVE WORKING OF THE SCHEME

CONGENIAL WORK ENVIRONMENT

TOTAL IDENTITY OF APPROACH TO THE WORKING OF VARIOUS SCHEME

BOTH THE PARTIES TO HAVE FAITH IN THE EFFICACY OF THE SYSTEM

PARTICIPATION SHOULD BE REAL

REALISTIC OBJECTIVES

SYSTEM OF PARTICIPATION TO BE COMPLIMENTARY TO THE COLLECTIVE

BARGAINING PROCESS

PARTICIPATIVE SCHEMES SHOULD BE EVOLUTIONARY

SYSTEM SHOULD BE BASED ON TRUST & CONFIDENCE

PROLIFERATION OF UNIONS IN INDUSTRIES SHOULD BE RESTRICTED BY

LEGISLATIVE MEAN

FREE FLOW OF INFORMATION BETWEEN LABOUR & MANAGEMENT

DECISIONS TO BE IMPLEMENTED

TRADE UNION

PROBLEMS OF TU:

UNEVEN GROWTH [INDUSTRY-WISE & AREA-WISE]

SMALL SIZE OF UNIONS

FINANCIAL WEAKNESS

MULTIPLICITY OF UNIONS & INTER UNION RIVALRY

LEADERSHIP ISSUE

POLITICALISATION OF UNIONS

PROBLEM OF RECOGNITION OF TRADE UNIONS

ESSENTIALS FOR SUCCESS OF A TRADE UNION:

PROTECT ITS MEMBERS

WIN A REASONABLE MEASURE OF ECONOMIC JUSTICE

UNIONS MUST BE RUN BY MEMBERS & FOR THE MEMBERS

LOOK BEYOND IT HORIZON

MULTIPLICITY OF UNIONS & INTER-UNION RIVALRY

THE MULTIPLE UNIONS ARE MAINLY THE RESULT OF POLITICAL OUTSIDERS

WANTING TO ESTABLISH UNIONS OF THEIR OWN WITH A VIEW TO INCREASING

THEIR POLITICAL INFLUENCE INTER UNION RIVALRY UNDERMINES THE

STRENGTH & SOLIDARITY OF THE WORKERS IN MANY WAYS:

o EACH UNION COMMANDS ONLY A SMALL STRENGTH

o TO ESTABLISH THEIR POSITION, ENCOURAGED STRIFE, DISLOYALTY &

NON COOPERATION

o FAILED TO REALIZE THE IMPORTANCE OF MUTUAL HELP

o LED TO INTER UNION RIVALRIES

INTER UNION RIVALRY:

NATIONAL COMMISSION ON LABOUR RECOMMENDED THE FOLLOWING TO

REDUCE INTER-UNION RIVALRIES:

o BUILDING OF INTERNAL LEADERSHIP WITHIN THE UNIONS TO

ELIMINATE PARTY POLITICS & OUTSIDERS

o PROMOTION OF COLLECTIVE BARGAINING THROUGH RECOGNITION OF

SOLE BARGAINING AGENTS

o IMPROVING THE SYSTEM OF UNION RECOGNITION

o ENCOURAGING UNION SECURITY

o EMPOWERING THE LABOUR COURTS TO SETTLE INTER UNION

DISPUTES

LEADERSHIP ISSUE:

FOLLOWING REASONS LED TO THE GROWTH OF OUTSIDE LEADERSHIP:

o WORKERS

ILLITERATE WORKER

o EMPLOYERS

EXPLOITED THEIR POWER & RESOURCES

POLITICALISATION OF UNIONS:

RESULT WAS MILITANT OR PASSIVE BEHAVIOUR OF THE MEMBERS

WITH SO MANY POLITICAL PARTIES, THAT NUMBER OF TRADE UNIONS

PREVIOUSLY IT WAS ONLY EMPLOYERS EXPLOITING THE WORKERS, NOW IT

WAS POLITICAL PARTIES EXPLOITING WORKERS FOR THEIR ADVANTAGE

RECOGNITION OF TRADE UNIONS

TUA 1926 WAS SILENT ON THIS ISSUE

THE FOLLOWING ARE THE SALIENT FEATURES OF MRTU & PULP 1972

o TU SHOULD BE REGISTERED UNDER TUA 1926

o ONLY A REGISTERED TU CAN BE RECOGNISED

o ONLY RECOGNISED UNION CAN BECOME SOLE BARGAINING AGENT

o ONCE A UNION IS RECOGNISED, THE SAME CANNOT BE CHALLENGED

WITHIN A PERIOD OF TWO YEARS OF RECOGNITION

o THE UNRECOGNISED UNIONS HA THE FOLLOWING RIGHTS:

TO DISCUSS THE GRIEVANCE OF INDIVIDUAL WORKERS WHO

ARE MEMBERS OF THEIR UNION

TO REPRESENT THEIR MEMBERS IN DOMESTIC ENQUIRY

o A UNION CAN APPLY FOR REORGANISATION TO INDUSTRIAL COURT IF

THE LAST SIX MONTHS IT HAS NOT LESS THAN 30% OF THE TOTAL

NUMBERS OF EMPLOYEES EMPLOYED IN THAT UNDERTAKING AS ITS

MEMBERS

o AT ANY MOMENT OF TIME THERE CAN ONLY BE ONE RECOGNISED

UNION

o THE INDUSTRIAL COURT SHALL NOT RECOGNISE A UNION IF IT HAS

INSTIGATED / ASSISTED AN ILLEGAL STRIKE WITHIN SIX MONTHS

BEFORE APPLYING FOR RECOGNITION

OBLIGATION OF RECOGNISED UNION:

BARGAIN COLLECTIVELY IN GOOD FAITH WITH EMPLOYER

NOT INDULGE IN FOLLOWING UNFAIR LABOUR PRACTICE

o ADVISE OR ACTIVELY SUPPORT OR INSTIGATE ANY ILLEGAL STRIKE

o COERCE EMPLOYEES TO JOIN OR REFRAIN FROM JOINING ANY UNIONS

o TO INDULGE IN ACTS OR FORCE OR VIOLENCE IN CONNECTION WITH A

STRIKE AGAINST NON-STRIKING EMPLOYEES OR AGAINST

MANAGERIAL STAFF

o TO STAGE DEMONSTRATIONS AT THE RESIDENCE OF THE EMPLOYER

OR THE MANAGERIAL STAFF

RECOMMENDATIONS OF NCL FOR STRENGTHENING TU

ENLARGEMENT OF FUNCTIONS.

o THAT IS INCREASING THE SCOPE OF THEIR ACTIVITIES

LEADERSHIP.

o RESTRICT EXTERNAL LEADERSHIP.

o GROOM INTERNAL LEADERSHIP

UNION RIVALRIES

o MANAGEMENT SHOULD RECOGNIZE THE UNION HAVING THE LARGEST

MEMBERSHIP

o INTER-UNION RIVALRIES SHOULD BE LEFT FOR THE SETTLEMENT TO

THE CENTRAL ORGANIZATION

REGISTRATION

o CANCEL REGISTRATION IF MEMBERSHIP FALL BELOW MINIMUM

PRESCRIBED FOR REGISTRATION

o NO NEW APPLICATION SHOULD BE ENTERTAINED WITHIN SIX MONTHS

OF THE DATE OF CANCELLATION OF REGISTRATION

IMPROVEMENT OF FINANCIAL CONDITION:

o RAISE MEMBERSHIP FEES

VERIFICATION OF MEMBERSHIP

o HOLDING ELECTION BY SECRET BALLOT

o OR EXAMINING THE MEMBERSHIP RECORD

RECOGNITION OF THE UNION:

o HAVE CRITERIA OF MEMBERSHIP FOR RECOGNITION OF UNION

ESSENTIALS FOR SUCCESS OF A TU:

HAVE ENLIGHTENED LABOUR FORCE TO GUIDE & DIRECT THE MOVEMENT

UNIONS SHOULD HAVE CLEAR SPELLED OUT OBJECTIVES

SHOULD HAVE AN OS. SHOULD RUN THE UNION A BUSINESS ACTIVITY

PROTECT ITS MEMBERS & WIN A REASONABLE MEASURE OF ECONOMIC

JUSTICE FOR THEM

UNION SHOULD BE RUN BY IT MEMBER

UNION SHOULD HAVE VALUE SYSTEMS

LOOK BEYOND IT HORIZONS

UNIONS TODAY:

UNIONS MUST DEVELOP PARTNERSHIP WITH EMPLOYERS & SEEK WIN-WIN

OUTCOMES

COLLECTIVE BARGAINING SHOULD STRENGTHEN BOTH THE UNION’S

POSITION & EMPLOYEE’S RIGHT & ENHANCE THE PERFORMANCE OF THE O

UNIONS SHOULD REALIZE THAT THE JOBS OF TODAY & THOSE OF FUTURE

ARE QUITE DIFFERENT FROM THE JOBS OF PAST

JOBS ARE BECOMING MORE COMPLEX, MULTIFACETED IN NATURE. WORK IS

DONE IN TEAMS.

WORK INDEPENDENTLY WITH NO SUPERVISION

PARTICIPATION & INVOLVEMENT ARE NOT VOLUNTARY.

UNIONS PARTNER WITH EMPLOYERS IN CREATING BENEFICIAL CHANGE,

RATHER THAN INHIBITING CHANGE

AS UNIONS DECLINE IN NUMBER & STATURE, WORKERS BECOME LESS

POWERFUL. THE WORKERS INTEREST CAN BE ENHANCED THROUGH

LEGISLATION OR MANAGEMENT INITIATIVES

UNION LEADERS WILL HAVE TO RETHINK THEIR ROLES & ADOPT COLLECTIVE

BARGAINING STRATEGIES THAT ALLOW BOTH EMPLOYERS & EMPLOYEES TO

BENEFIT. WILL HAVE TO LEARN MANAGEMENT SKILLS IN UNDERSTANDING

THE BUSINESS, STRATEGIC ISSUES, & THE ENVIRONMENT IN WHICH THE

BUSINESS IS DONE

UNIONS CANNOT GUARANTEE JOB SECURITY BUT CAN GUARANTEE

EMPLOYABILITY BY TRAINING EMPLOYEES TO BE MULTISKILLED

NEW STRATEGIES FOR UNION:

GOALS:

o EMPLOYMENT SECURITY

o HIGHER WAGES

o MAKE UNIONS STRONGER

PAST STRATEGIES:

o JOB CLASSIFICATION

o GRIEVANCE HANDLING

o COLLECTIVE BARGAINING

o CONTRACT ADMINISTRATION

FUTURE STRATEGIES:

o PARTICIPATE IN DEVELOPING

NEW WORK SYSTEM

EDUCATION & TRAINING

TECHNOLOGY

NEW PRODUCT DEVELOPMENT

o SEEK TO UPGRADE WORKER SKILLS

o MOBILIZE & ENGAGE THE WORKFORCE FOR GREATER CONTROL OVER

PRODUCTION DECISIONS

o LEVERAGE THE USE OF CAPITAL INVESTMENT & PENSION FUNDS

OBJECTIVE OF ILO

1. FULL EMPLOYMENT & RAISING STANDARD OF LIVING

2. MATCHING PROFILE OF JOB & INDIVIDUALS

3. FACILITIES OF TRAINING

4. MINIMUM WAGES TO ALL. HARING GAINS RESULTING FROM EFFORTS

5. RIGHT OF COLLECTIVE BARGAINING

6. EXTENSION OF SOCIAL SECURITY MEASURES

7. ADEQUATE PROTECTION FOR LIFE & HEALTH OF WORKERS

8. PROVISION OF ADEQUATE NUTRITION, HOUSING, & FACILITIES FOR

RECREATION & CULTURE

9. PROVISIONS FOR CHILD WELFARE & MATERNITY PROTECTION

10. ASSURANCE OF EDUCATIONAL & VOCATIONAL OPPORTUNITY

INDUSTRIAL RELATION & HRD

THE HRD PHILOSOPHY POSTULATE THE FOLLOWING:

AN EMPLOYEE IS AN INDIVIDUAL WITH HIS OWN DESIRE, THOUGHT, FEELINGS,

& AMBITION

HE IS AMENABLE TO DEVELOPMENT

THE INDIVIDUAL EXPECTS FROM AN OPPORTUNITY GROWTH & DEVELOPMENT

IN AN ORGANIZATION. WHILE THE ORGANIZATION EXPECTS PERFORMANCE &

COMMITMENT

RELATIONSHIP BETWEEN ORGANIZATION & INDIVIDUAL IS STABLE, COHESIVE,

& HOMOGENOUS. THE BASIS OF RELATIONSHIP IS INTERDEPENDENT.

THE EVOLUTION OF IR SYSTEM I BASED ON THE FOLLOWING POSTULATES:

RELATIONSHIP BETWEEN EMPLOYER & WORKER IS ADVERBIAL

EACH OF THEM STRUGGLE TO GET CONTROL OVER THE WORK PROCESSES 7

ECONOMIC GAINS

RELATIONSHIP IS POLITICALISED, CONFLICT RIDDEN

RELATIONSHIP IS CONDITIONED BY LEGISLATIVE ENACTMENTS, EXECUTIVE

AUTHORITY, & JUDICIAL PRONOUNCEMENTS

THE QUESTION IS “ TO WHAT EXTENT ARE THE ASSUMPTIONS OF HRD APPROACH

VALID 7 UNDER THE EXISTING IR SYSTEM WHAT CONSTITUENTS OF THE HRD

APPROACH BE ADAPTED IN THE IR SYSTEM”

IT ALSO TO BE NOTICED THAT THE HRD CONCEPTS ARE APPLIED AT MANAGERIAL &

SUPERVISORY LEVEL IN MOST OF THE ORGANIZATIONS, & NOT AT WORKER’S LEVEL.

THOUGH HRD CONCEPT IS DYNAMIC & HAVING GREAT POTENTIAL TO BRING A

QUALITATIVE CHANGE IN THE ORGANIZATION, UNLESS THE UNION WILLINGLY AGREE

TO COOPERATE IN IMPLEMENTING THESE. IT IS DOUBTFUL WHETHER THE CONCEPT

CAN BE FULLY APPLIED AT THE WORKERS LEVEL

SUGGESTIONS:

PRESENTLY IR IS REACTIVE IN NATURE; WITH THE HELP OF THE UNION, IT

SHOULD BE MADE PROACTIVE BY MOVING AWAY FROM DEPENDENCY

CULTURE

THE EMPLOYERS 7 THE EMPLOYEE SHOULD ADOPT A STRATEGY WHICH

WOULD PERMIT EMPLOYEES:

o TO HAVE THEIR OWN UNIONS

o UNIONS TO HAVE ACCESS TO CORPORATE INFORMATION

o EMPLOYER & UNION TO BE INVOLVED IN THE DEVELOPMENT &

PRODUCTIVITY OF THE ORGANIZATION.

o EMPLOYERS SHOULD RECOGNISE THE UNION

o EMPLOYER TO PROVIDE TAKE IN THE TAKE OF THE OWNERSHIP OF THE

ORGANIZATION

THE BILATERAL ARRANGEMENTS BASED ON HRD APPROACH POSTULATES THAT THE

PARTIES SHOULD AGREE THE FOLLOWING:

HR PLANNING FOR BETTER PERFORMANCE

T& D FOR IMPROVING PERFORMANCE; FUTURE GROWTH OF EMPLOYEES

APPROPRIATE COMPENSATION & REWARD

THE ABOVE THREE INTERRELATES SYSTEMS OF HRD WOULD BRING IN

COLLABORATIVE SPIRIT IN AN ATMOSPHERE OF MUTUAL TRUST, PROGRESS &

WELFARE. THE THREE IMPORTANT CONSTITUENTS OF IR SYSTEM HAVE TO

MODIFY & AMEND LABOUR LEGISLATIONS IN THE LIGHT OF ITS NEW

ECONOMIC POLICY OF LIBERALIZATION. THE EMPLOYERS WILL HAVE TO

ACCEPT THE FACT THAT THEY WOULD NEED THEIR EMPLOYEE COMMITMENT,

PERFORMANCE, COOPERATION IN THE PROGRESS OF THE ORGANIZATION.

THEE EMPLOYER WOULD THEREFORE WILL HAVE TO CREATE CONDITIONS &

WORKING ATMOSPHERE WHERE THE EMPLOYERS ARE TREATED AS

CONTRIBUTORS TO THE PRODUCTIVITY & OTHER ORGANIZATIONAL

OBJECTIVES, & SHOULD FEEL CONFIDENT & PARTICIPATES IN ACHIEVING

THESE OBJECTIVES. THE EMPLOYEES & THEIR UNIONS SHALL HAVE TO

REALIZE THAT UNLESS THEY IMPROVE THEIR ATTITUDES, PERFORMANCE &

EXTENDS WHOLE HEARTED COOPERATION IN ACHIEVING THE GOALS &

OBCTIVESS OF THE ORGANIZATIONS, THEIR FUTURE WILL BE UNCERTAIN IN

THE CHANGED CIRCUMSTANCES

CHARACTERISTICS OF LABOUR WELFARE

1. WORK UNDERTAKEN WITHIN THE PREMISES OR IN THE VICINITY OF THE

UNDERTAKING, FOR THE BENEFIT OF EMPLOYEES & MEMBERS OF THEIR

FAMILY

2. WORK GENERALLY INCLUDES THOSE ITEMS OF WELFARE WHICH ARE OVER &

ABOVE WHAT IS PROVIDED BY STATUTORY PROVISIONS OR RESULTING FROM

CONTRACT OF SERVICES OR REQUIRED BY CUSTOMS

3. PURPOSE IS TO BRING ABOUT DEVELOPMENTS OF THE WHOLE PERSONALITY

OF WORKERS

4. FACILITIES PROVIDED BY EMPLOYER ARE PURELY VOLUNTARY

5. DONE TO SUSTAIN & IMPROVE UPON BASIC CAPACITY OF CONTRIBUTION TO

THE PROCESS OF PRODUCTION

AIMS OF LABOUR WELFARE:

1. PARTLY HUMANISTIC:

a. ENABLES WORKERS TO ENJOY FULLER 7 RICHER LIFE

2. PARTLY ECONOMIC

a. KEEPS WORKERS CONTENDED

3. PARTLY CIVIC:

a. DEVELOPS SENSE OF RESPONSIBILITIES & DIGNITY AMONG WORKERS

INTRAMURAL EXTRAMURAL

WELFARE &AMENITIES PROVIDED WITHIN

THE PRECINCTS OF THE ESTABLISHMENT

WELFARE OUTSIDE ESTABLISHMENT

1. LATRINES & URINALS 1. MATERNITY BENEFITS

2. WASHING & BATHING FACILITIES 2. SOCIAL INSURANCE [PF / GRATUITY]

3. CRÈCHES 3. BENEVOLENT FUNDS

4. REST SHELTERS & CANTEENS 4. MEDICAL FACILITIES

5. ARRANGEMENTS OF DRINKING WATER 5. EDUCATION FACILITIES

6. HEALTH SERVICES, INCLUDING

OCCUPATIONAL SAFETY

6. HOUSING FACILITIES

7. ARRANGEMENTS FOR PREVENTION OF

FATIGUE

7. RECREATIONAL FACILITIES

8. ADMINISTRATIVE ARRANGEMENTS FOR

WELFARE OF EMPLOYEES

8. HOLIDAYS HOMES, LEAVE TRAVEL

FACILITIES

9. UNIFORM & PROTECTING CLOTHING 9. WORKERS CONSUMER / CREDIT

SOCIETIES

10. SHIFT ALLOWANCE 10. VOCATIONAL TRAINING

11. PROGRAMS FOR WELFARE OF FAMILY

MEMBERS

12. TRANSPORT FACILITIES

GRIEVANCES & DISCIPLINE

DEFINITION:

ANY DISCONTENT OR DISSATISFACTION

WHETHER EXPRESSED OR NOT

WHETHER VALID OR NOT

ARISING OUT OF EMPLOYMENT RELATIONSHIP

THIS DISCONTENT OR DISSATISFACTION THE EMPLOYEES FEELS:

o UNFAIR

o UNJUST

o INEQUITABLE

FORMS OF GRIEVANCE:

FACTUAL

IMAGINARY

DISGUISED

CAUSES:

ECONOMIC

WORK ENVIRONMENT

SUPERVISION

WORK GROUP

MISCELLANEOUS

DISCOVERY OF GRIEVANCES:

OBSERVATION

GRIEVANCE PROCEDURE

GRIPE VINE

OPEN DOOR POLICY

EXIST INTERVIEW

STEPS IN THE GRIEVANCE PROCEDURE

IDENTIFY THE GRIEVANCE

IF EXPRESSED, PROMPTLY ACKNOWLEDGE THEM

DEFINE THE PROBLEM

COLLECT INFORMATION

CLASSIFY THE FINDINGS INTO:

o FACTUAL

o IMAGINARY

FIND SOLUTION

IMPLEMENT THE SOLUTION

INFORM THE CONCERNED EMPLOYEE ABOUT THE SOLUTION

HAVE A PROVISION FOR APPEAL

THE PROCEDURE SHOULD HAVE TIME FRAME

DISCIPLINE:

SELF-MANAGEMENT FOR REGULATING ONE’S BEHAVIOUR

NEEDED TO ACHIEVE THE ORGANIZATION’S GOALS

TWO TYPES:

o POSITIVE

o NEGATIVE

FACTOR NEGATIVE POSITIVE

CONCEPT ADHERENCE TO RULES &

REGULATIONS OUT OF FEAR

WILLINGLY ACCEPT THE

RULES & REGULATIONS

CONFLICT NO ALIGNMENT OF ORGANIZATION

& INDIVIDUAL GOALS

ALIGNMENT OF GOALS

SUPERVISION REQUIRES CONTROL FROM THIRD

PARTY

SELF-CONTROL

THE RED-HOT STOVE RULE:

THE RULE HAS THE FOLLOWING CONSEQUENCES:

o BURNS IMMEDIATELY

o CONSEQUENCES SHOULD BE KNOWN IN ADVANCE

o PUNISHMENT SHOULD BE CONSISTENT

o BURNS IRRESPECTIVE OF WHO IS INVOLVED

DISCIPLINARY ACTION:

BEFORE ANY PUNISHMENT IS AWARDED FOR AN ACT OF MISCONDUCT

PERFORMED BY THE EMPLOYEE THE FOLLOWING GUIDELINES SHOULD BE

FOLLOWED

o THERE SHOULD BE A WRITTEN REPORT SUBMITTED TO THE

MANAGEMENT

o THE WRITTEN REPORT SHOULD CONTAIN THE FOLLOWING DETAILS:

o DATE / PLACE / TIME OF THE INCIDENT

o BRIEF SUMMARY OF THE INCIDENT

o NAME OF THE WITNESSES IF ANY

o ON RECEIPT OF THE REPORT; MANAGEMENT SHOULD VERIFY THE

FACTS

o ON CONFIRMATION; ISSUE A CHARGESHEET TO THE CONCERNED

EMPLOYEE

o THE CHARGESHEET SHOULD CONTAIN THE FOLLOWING:

o DATE / PLACE / TIME WHEN THE INCIDENT OCCURRED

o DETAIL ACCOUNT OF THE INCIDENT

o THE CHARGES ALLEGED.

o THE ALLEGED CHARGES

o THE ALLEGED CHARGES HAVE BROKEN WHICH PROVISIONS OF THE

ORGANIZATION; SHOULD BE SPELLED OUT

o GIVE 48 HOURS TO THE EMPLOYEE FOR SUBMITTING HIS EXPLANATION

o DATE / TIME / PLACE OF ENQUIRY TO BE HELD

o STATE THE ENTITLED RIGHTS WHICH IS AVAILABLE TO THE EMPLOYEE

o STATE WHAT WILL HAPPEN IF HE ABSENTS HIMSELF FROM THE

ENQUIRY

THE CHARGESHEET SHOULD BE HANDED OVER TO THE CONCERNED

EMPLOYEE IN PRESENCE OF A WITNESS

WHILE HANDING OVER, READ OUT THE CONTENTS OF THE CHARGESHEET, &

EXPLAIN THE CONTENTS TO HIM IN A LANGUAGE WHICH HE UNDERSTANDS

IN THE ENQUIRY THE FOLLOWING PRINCIPLES OF NATURAL JUSTICE SHOULD

BE FOLLOWED:

o THE ENQUIRY SHOULD BE HELD IN THE LANGUAGE THE EMPLOYEE

UNDERSTANDS

o THE EMPLOYEE SHOULD BE ALLOWED TO TAKE THE HELP OF ANY CO-

WORKER TO DEFEND THE CASE; OR HE CAN DEFEND THE CASE ALL BY

HIMSELF

o SHOULD BE ALLOWED BRING HIS OWN WITNESSES

o SHOULD BE ALLOWED TO CROSS-EXAMINE THE WITNESS DEPOSING

AGAINST HIM

o THE ENQUIRY SHOULD BE DURING WORKING HOURS

o WHATEVER DOCUMENTS THE EMPLOYEE WANTS, A COPY OF THE SAME

SHOULD BE GIVEN TO HIM

o THE DAILY PROCEEDINGS SHOULD BE RECORDED. A COPY OF THE

PROCEEDING SHOULD BE GIVEN TO HIM,

o ALL THE COPIES OF THE PROCEEDING SHOULD BE SIGNED BY ALL THE

THREE PARTIES [THE ENQUIRY OFFICER / THE MANAGEMENT

REPRESENTATIVE / THE CHARGESHEETED WORKER]

o ADJOURNMENT SHOULD BE GIVEN AS & WHEN ASKED FOR BY BOTH

PARTIES

o THE ENQUIRY OFFICER SHOULD NOT BE RELATED TO THE INCIDENT

o THE PUNISHMENT AUTHORITY SHOULD NOT BE THE ENQUIRY OFFICER

o FOR THE SAME OFFENCE THE EMPLOYEE SHOULD NOT BE PUNISHED

TWICE

PUNISHMENT SHOULD BE PROPORTIONATE TO THE ACT OF MISCONDUCT

COMMITTED BY THE EMPLOYEE

PUNISHMENT ARE OF TWO TYPES:

o MINOR

FINE

WARNING

MAJOR

o SUSPENSION [MAXIMUM 4 DAYS]

o DISMISSAL

NO DISMISSAL CAN TAKE PLACE WITHOUT HOLDING A DOMESTIC ENQUIRY

THE MANAGEMENT CAN SUSPEND THE EMPLOYEE PENDING ENQUIRY IN THE

FOLLOWING CIRCUMSTANCES:

o IF THE MANAGEMENT HAS AN APPREHENSION THAT THE EMPLOYEE

WILL TAMPER WITH ANY EVIDENCE OR THREATEN ANY WITNESS

o THE PRESENCE OF THE CHARGESHEETED EMPLOYEE CAN HAVE A

NEGATIVE INFLUENCE ON THE REST OF THE EMPLOYEES

IF AN EMPLOYEE IS SUSPENDED PENDING ENQUIRY; HE IS ALLOWED TO THE

FOLLOWING RATE OF SUBSISTENCE ALLOWANCE

o 50 % OF HIS WAGES TILL THE FIRST 90 DAYS OF THE ENQUIRY

o 75 % OF HIS WAGES FROM 91 TO 180 DAYS

o BEYOND 180 DAYS, FULL WAGES

IN THE ENQUIRY IF IT IS PROVED THAT THE ENQUIRY WAS EXTENDED ON

ACCOUNT OF THE EMPLOYEE’S FAULT, THEN THE SUBSISTENCE ALLOWANCE

CONTINUES AT 50 %

IF THE EMPLOYEE IS GAINFULLY EMPLOYED DURING THE SUSPENSION

PERIOD; THEN NO SUBSISTENCE IS PAYABLE

SUSPENSION PENDING IS NOT A PUNISHMENT

JOB SECURITY PAST:

1. SECURITY IS AGAINST LOOSING JOBS, WHEN THE BUSINESS DOES NOT DO

WELL.

2. FOCUS IS ON EFFICIENCY. EFFICIENCY IMPROVES, IF THE SAME JOB IS DONE

REPEATEDLY. THIS APPROACH IS GOOD IN A PROTECTED ECONOMY

3. IN PROTECTED ECONOMY, THE ENVIRONMENT IS PREDICTABLE.

4. TRAINING IS PROVIDED TO WORKERS TO IMPROVE EFFICIENCY

5. A GOOD APPROACH WHERE THE WORKERS ARE NOT QUALIFIED

TODAY:

1. IN COMPETITIVE ENVIRONMENT, FUTURE IS UNPREDICTABLE. NOTHING IS

PERMANENT

2. FOCUS IS ON FLEXIBILITY. TO BE FLEXIBLE, ONE NEEDS TO BE MULTI-SKILLED;

I.E. KNOW MORE THAN ONE JOB.

3. TRAINING IS PROVIDED TO WORKERS IN VARIOUS ASPECTS OF JOB. RISE IN

SALARY IS DIRECTLY PROPORTIONATE TO THE NUMBER OF SKILLS AN

EMPLOYEE KNOWS.

4. THIS APPROACH ALSO SUITS THE EMPLOYEES SINCE THEY ARE QUALIFIED.

CONCLUSION:

1. IN TODAY’S COMPETITIVE ENVIRONMENT, MANAGEMENT / UNION CAN

GUARANTEE EMPLOYMENT SECURITY & NOT JOB SECURITY

IMPACT OF TECHNOLOGY ON TRADE UNION / TRADE UNION & PRODUCTIVITY

1. IT IS AN INSTRUMENT OF DEVELOPMENT

2. RATIONALISATION & AUTOMATION ARE DIFFERENT FORMS OF TECHNOLOGIES

CHANGES

3. RATIONALISATION IMPLIES A BASIC CHANGE IN THE STRUCTURE & CONTROL

OF INDUSTRIAL ACTIVITIES. IT DOES NOT REFER TO ANY ONE PROCESS. ITS

TECHNIQUES CAN APPLY TO NOT ONLY MATERIALS & METHODS BUT ALSO TO

MEN IN THE PRODUCTION PROCESS.

4. AUTOMATION IS ANOTHER FORM OF TECHNOLOGICAL CHANGE. IN

AUTOMATION TECHNOLOGY ITSELF CONTROLS THE OPERATIONS

5. FOLLOWING ARE THE IMPACT OF TECHNOLOGY:

a. UNEMPLOYMENT

b. AFFECTS THE WORK ENVIRONMENT; & ALTERS THE RELATIONSHIP

BETWEEN THE EMPLOYERS & EMPLOYEES

c. REDUNDANCY / OCCUPATIONAL ADJUSTMENT / ALLOCATION OF

GAINS / TRANSFER & TRAINING

d. RESISTANCE TO CHANGE / ATTITUDES & PROBLEMS OF CHANGED

RELATIONSHIPS & UTILISATION OF LEISURE

6. IT ENABLES EMPLOYEES TO IMPROVE THEIR WORK PROCEDURES, & BETTER

UTILISATION OF SCARCE RESOURCES

7. IT IMPROVES PRODUCTIVITY, BECAUSE OF WHICH EFFICIENCY GOES UP.

8. IF EFFICIENCY GOES UP, COST COMES DOWN; & DELIVERY TIME IMPROVES.

9. IT ALSO IMPROVES QUALITY OF THE PRODUCT

10. THIS ALL IMPROVES CUSTOMER SATISFACTION

11. THE BIGGEST CHALLENGE BEFORE MANAGEMENT IS TO KEEP THE COST

CONTROL.

12. HENCE THE UNION SHOULD NOT RESIST INTRODUCTION OF TECHNOLOGY.

13. MANAGEMENT SHOULD TRAIN ITS EMPLOYEES; SO THAT EMPLOYMENT

SECURITY IS GUARANTEED

14. THE OUTCOME OF TECHNOLOGY SHOULD BE WIN-WIN

DUTIES & RESPONSIBILITIES OF REGISTERED TRADE UNION

1. A REGISTERED UNION MUST ALLOW MEMBERSHIP TO ANYONE ABOVE 15

YEARS OF AGE.

2. HAVE 50% OF THE OFFICE BEARERS FROM WITHIN THE INDUSTRY

3. MAINTAIN BOOKS OF ACCOUNTS

4. SUBMIT ITS YEARLY BALANCE SHEET TO THE REGISTRAR OF TRADE UNION

5. THE UNION CAN SPEND ITS FUNDS ON

a. SALARIES OF OFFICE BEARERS

b. PROSECUTION / DEFENCE FOR PROTECTING ITS TRADE UNIONS RIGHT

c. PROVIDE COMPENSATION TO ITS MEMBERS

d. LEVY SUBSCRIPTION FEES

e. PUBLISH PERIODICALS

6. CAN PROTECT FROM BEING PROSECUTED FOR LEGITIMATE TRADE UNION

ACTIVITIES

MULTIPLICITY OF UNIONS:

1. IN A DEMOCRACY, EVEN A MINORITY IS GIVEN AN OPPORTUNITY TO ORGANIZE

& FURTHER ITS INTEREST THE TRADE UNION ACT OF 1926 ALLOWS SEVEN

MEMBERS TO FORM A UNION.

2. LARGE NUMBER OF TRADE UNION FEDERATIONS AT THE NATIONAL /

REGIONAL LEVEL, WHICH ARE VYING WITH EACH OTHER FOR INCREASED

MEMBERSHIP. THERE IS NO SINGLE FEDERATION TO WHICH ALL OTHER

FEDERATIONS BELONG. THE TRADE UNION LEADERS SOME OF WHOM ARE

OUTSIDERS WHILE OTHERS HAVE COME UP FROM WITHIN TRADE UNION

MOVEMENT HAVE DIFFERENT APPROACHES TO THE PROBLEMS AT HAND &

HENCE MAY & DOES COME PARTING OF WAYS ON MANY OCCASIONS

3. MULTIPLE UNIONS LEADS TO INTER-UNION RIVALRY; WHICH POSES A

PROBLEM TO THE MANAGEMENT

4. IT ALSO RESULTS IN RIVALRY AMONG THE LEADERS OR DIFFERENCE IN

STRATEGY TO BE ADOPTED OR TO DIFFERENCES IN IDEOLOGY

5. THE TRANSITION FROM AGRICULTURE TO INDUSTRIALIZATION RESULTED IN

INCREASE OF UNSKILLED WORKERS STRENGTH, RESULTING IN GROWTH OF

SEVERAL GENERAL INDUSTRIAL UNIONS. THE OUTCOME WAS INTER-UNION

RIVALRY

6. POLITICAL LINKAGE OF UNIONS ALSO CONTRIBUTED TO MULTIPLICITY OF

UNIONS

7. THE ROLE OF OUTSIDERS AS LEADERS OF THE UNION ALSO CONTRIBUTED TO

THE GROWTH OF MULTIPLICITY OF UNIONS

EFFECTS OF MULTIPLE UNIONS:

1. DIFFUSION OF UNION POWER

2. INEFFICIENT EFFORTS TO CHANGE OR INTRODUCE NEW LEGISLATION IN

ORDER TO IMPROVE THE LOT OF WORKERS

3. INABILITY OF POLITICAL LEADER TO JUDGE A PLANT ISSUE ON ITS OWN MERIT

WITHOUT ADDING EXTRA POLITICAL DIMENSION TO IT

4. DIFFERENT UNIONS, MEANS DIFFERENT CHARTER OF DEMANDS

5. MULTIPLE UNIONS MEAN MULTIPLE ENROLMENT IN UNIONS, CAUSING DELAY

IN RECOGNITION.

6. MOREOVER IT RESTRICTS BARGAINING POWER OF THE UNION

7. THE PRIMARY ROLE OF UNION IS TO PROTECT THE WORKERS & TO

CHANNELIZE THEIR EFFORTS IN ENHANCING THE PLANT’S VIABILITY. THE

EFFECT OF HAVING MULTIPLE UNIONS ONLY WEAKENS THE WORKERS POWER

BASE, WHILE AT THE SAME TIME NEGATIVELY AFFECTING THE VIABILITY OF

THE PLANT

THE END

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