Labour Law Discipline,

Trade Unions, And The

State In India
 Labour discipline can be described as a
method of instruction to a particular set of
people in order to extract a considerable
amount of work done with minimum
fallout risks in the sphere of discipline.
However the term discipline also
incorporates the concepts like division of
labour, improvement of labour conditions
and work upliftment and work
sophistications.
 Soviet Union
The concept genesised during the early soviet era after the
Bolsheviks revolution
and reached its peak during the period of man with iron fist
i.e. Joseph Stalin.
The labours were forced with heavy physical workload and
were denied of any privileges specially the conditions
worsened during the Great War and cold war period where
people died of exhauster. The definition of labour discipline
changed drastically during such periods. Initially it was
defined as obligations a labour has to fulfil for the state and
has to compulsorily pay with his life upon its violation. In the
soviet era it was use as a tool to derive the most from labour
force. Whereas in other school of thought the disciple was
given a much more positive outcome.
 Western School
Whereas in other school of thought
the disciple was given a much more
positive outcome. Sophistication of
work, labour benefits were
recognised as the key concepts. And
these concepts still play in function
in the contemporary India as now
these are provided through the trade
unions and labour beneficial
organisations.
 Capitalism and Feudalism
In developing society that has a
majority of labour class or middle
class, where the worker is forced to
sell his labour to the capitalist, labour
discipline is compulsory in nature.
During these times labour discipline,
due to the presence of prototype of
capitalism, became an obligation
rather than an enforced will of the
instigator.
Difference between the new and old
definition of labour discipline
The labour in order to preserve its job has to
follow a certain code of conduct and work rules.
He has to fulfil these obligations of discipline to
sustain his job. However, he now has the right
to voice his griefs and problems and his act of
not following the rules and regulations due to
the injustice (at any aspect) committed by the
employer was considered his right, unlike in the
previous century, where refusal to work due
exploitation by the employers was considered
as a crime and act of indiscipline.
 Cond. In India
During the initial phases i.e. post-
independence, due to strict adherence of
capitalist regime, the labour force has seen the
labour discipline as a new hope for better living
conditions.
The labour force expected a rise in wages and
decline in work or man hours as previously, due
to the exploitation committed by feudal lords
and British contractors the best example for
such were the coal & iron industries in bihar and
cotton and textile industries in State of Bombay.
 Later during the invocation of nationalisation
in later 1970s and introduction of socialism
in the Indian political structure for a little
period of time faced negative discipline
where the stress lied more on punishment
rather than co operation. The workers are
given warning and the objective is to
establish fear thorough punishment .the
worker is not instigated to work, but deterred
from doing or wrongly doing or doing against
instructions.
 Trade Union
The government realised that it will lead to
serious production backlogs and hence forth
establishment of national trade union and a
new labour union structure would help regulate
the labour discipline in India both in a worker
and employers friendly way.
. In India code of discipline was evolved in
broad outline at the 15th Indian labour
conference held in 1957. It brought a
revolutionary change to the belief of labour
discipline in India.
 Current Issues
Almost all issues that revolve around the
sphere of labour discipline the political
involvement in labour unions is the most
foremost issue that disturbs the labour
discipline in an industry.
These political parties have nothing
constructive to offer, instead, use unions
to spread their political agenda.
Furthermore, decisions related to unions
are made by politicians.
 A serious defect of the trade union movement in
India is that the leadership has been provided by
outsiders especially professional politicians.
Leaders being affiliated to one or the other party,
the unions were more engrossed in toeing the lines
of their political leaders than protecting workers
interests.
The most prominent example for this is the politics
of west Bengal both pre and post -communist
party era where such influence was used to create
serious strikes and hartals to gain political
benefits.
 Conclusion
two major piecesof legislation, namely the Industrial Employment
(Standing Orders) Act 1946 and Industrial Disputes Act 1947.These
legislative measures have been further solidified by a host of legal
Decisions of various courts and awards over a period of time. As a
result, employers in the country in general feel that they are on the
receiving end, as illustrated by this statement: under the existing
laws it has become almost impossible to take any disciplinary action
against workers even in cases of gross misconduct.... Under the
present laws, the management has to prove every misconduct ... .It
would be against natural interest to make the worker feel that he is
immune to disciplinary action. "
The legal protection thus can be considered as a strong point of the
disciplinary system in the country when viewed from the perspective
of social justice. However, the procedure has become so elaborate
that it is almost impossible for the legal machinery to provide relief
quickly.
 Only when a large number of
employers and employee
representatives accept this reality
will Indian enterprises be able to
move in the direction of positive
disciplinary procedures, which
unfortunately will not be in the very
near future. Until such time, reliance
on the legal system will continue to
be a predominant feature of