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Industrial dispute means any dispute or difference
between employers and employers, or between
employers and workmen, or between workmen and
workmen, which is connected with the employment or
nonemployment or terms of employment or with the
conditions of labour of any person.
In practice, Industrial dispute mainly refers to the
strike between employers and their employees. n
Industrial dispute is not a personal dispute of any one
person. It generally affects a large number of workersǯ
community having common interests.
he consequences of an Industrial dispute will be
harmful to the owners of industries, workers, economy
and the nation as a whole, which results in loss of
productivity, profits, market share and even closure of
the plant. ence, Industrial disputes need to be
averted by all means.
revention is always better than cure. reventive steps
should, therefore, to be taken so that industrial
disputes do not occur. he following measures can be
taken to prevent disputes in industry:
ë. =  
  tanding orders define
and regulate terms and conditions of employment and
bring about uniformity in them. hey also specify the
duties and responsibilities of both employers and
employees thereby regulating standards of their
behaviour. herefore, standing orders can be a good
basis for maintaining harmonious relations between
employees and employers.
       ach individual organism its code
or may follow the code of discipline in industry
formulated by the govt: and made applicable to
industry and workers from June ëst ë .
It aims at preventing disputes through negotiations
without the interference of an outside agency.
°bjectives:
_ o
avoid
work
stoppages
_ o
maintain
discipline
in
industry
_ ecure
settlement
of
disputes
and
grievances
by

negotiation,
conciliation
and
arbitration.
_ romote
constructive
cooperation
between
the

parties
concerned
at
all
levels.
_ Improve
motivation

communication
_ Improve
productivity
and
compensation
of
employees

ã. (     very industrial undertaking


employing ë or more workers is under an obligation
to set up a works committee consisting equal number
of representatives of employer and employees. he
main purpose of such committees is to promote
industrial relations. ccording to Indian Labour
Conference work committees are concerned with:
O dministration of welfare fine funds.
O ducational and recreational activities.
O afety and accident prevention
O °ccupational diseases and protective equipment.
O Conditions of work such as ventilation, lightening,
temperature and sanitation.
O menities such as drinking water canteen, dining
rooms, medical health services.
Ñ. ð  =     Just to make a start in
labour participation in management, the govt: suggested in
its Industrial esolution ë  to set up joint management
councils. It consists of equal numbers of workers and
employers (minimum  maximum ë decisions of the
JMC should be unanimous and should be implemented
without any delay. JMC members should be given proper
training. JMC should look after ã main areas:
O information sharing
O consultative
O administrative
°bjectives
O atisfy the psychological needs of workers
O Improve the welfare measures
O Increase workers efficiency
O Improve the relation and association between workers,
managers and promoters
þ ð     Joint Councils are set up for the whole
unit and deals with matters relating optimum production
and efficiency and the fixation of productivity norms for
man and machine for the as a whole. In every industrial
unit employing  and more workers there should be a
Joint Council for the whole unit.
Features:
O Members of the council must be actually engaged in the
unit.
O he chief executive of the unit will be the chairman of the
council and vice chairman will be nominated by worker
members.
O erm of the council will be two years.
O JC shall meet at once in a quarter.
O Decision of the council will be based on consensus and not
on voting
.      Collective |argaining is a
process in which the representatives of the employer and of
the employees meet and attempt to negotiate a contract
governing the employeremployeeunion relationships.
Collective |argaining involves discussion and negotiation
between two groups as to the terms and conditions of
employment.
7.       he factories ct, ë Ñ provides
for the appointment of a labour welfare officer in every
factory employing  or more workers. he officer looks
after all facilities in the factory provided for the health,
safety and welfare of workers. e maintains liaison with
both the employer and the workers, thereby serving as a
communication link and contributing towards healthy
industrial relations through proper administration of
standing orders, grievance procedure etc.
(   
       
  
       
 

          
              
 
  
his
machinery
comprises:

(a
Conciliation

(b
rbitration
(c
djudication
ë.     Conciliation refers to the process by
which representatives of employees and employers are
brought together before a third party with a view to
discuss, reconcile their differences and arrive at an
agreement through mutual consent. he third party
acts as a facilitator in this process. Conciliation is a
type of state intervention in settling the Industrial
Disputes. he Industrial Disputes ct empowers the
Central tate governments to appoint conciliation
officers and a |oard of Conciliation as and when the
situation demands.
O Conciliation °fficer: he appropriate government
may, by notification in the official gazette, appoint
such number of persons as it thinks fit to be the
conciliation officer.
he
duties
of
a
conciliation
officer
are:
a o
hold
conciliation
proceedings
with
a
view
to
arrive

at
amicable
settlement
between
the
parties
concerned.
b o
investigate
the
dispute
in
order
to
bring
about
the

settlement
between
the
parties
concerned.
c o
send
a
report
and
memorandum
of
settlement
to

the
appropriate
government.
d o
send
a
report
to
the
government
stating
forth
the

steps
taken
by
him
in
case
no
settlement
has
been
reached

at.
he
conciliation
officer
however
has
no
power
to
force
a

settlement.
e
can
only
persuade
and
assist
the
parties
to

reach
an
agreement.
he
Industrial
Disputes
ct
prohibits

strikes
and
lockouts
during
that
time
when
the
conciliation

proceedings
are
in
progress.
. Ô     process in which a neutral third party
listens to the disputing parties, gathers information
about the dispute, and then takes a decision which is
binding on both the parties. he conciliator simply
assists the parties to come to a settlement, whereas the
arbitrator listens to both the parties and then gives his
judgement.
Ô   Ô    
O It is established by the parties themselves and
therefore both parties have good faith in the
arbitration process.
O he process in informal and flexible in nature.
O It is based on mutual consent of the parties and
therefore helps in building healthy Industrial
elations.
here
are
two
types
of
arbitration:
O '  Ô     In
voluntary
arbitration
the

arbitrator
is
appointed
by
both
the
parties
through

mutual
consent
and
the
arbitrator
acts
only
when
the

dispute
is
referred
to
him.
O   Ô     Implies
that
the
parties

are
required
to
refer
the
dispute
to
the
arbitrator

whether
they
like
him
or
not.
sually,
when
the
parties

fail
to
arrive
at
a
settlement
voluntarily,
or
when
there

is
some
other
strong
reason,
the
appropriate

government
can
force
the
parties
to
refer
the
dispute
to

an
arbitrator.
ã 
      
  


     
    

 



       
 




       
  
 

      

    
        
   
 
    
  
 

     


    

 
  
      

 
  
   

   


          
 
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*      he appropriate government may, by
notification in the official gazette constitute one or
more labour courts for adjudication of Industrial
disputes relating to any matters specified in the
second schedule of Industrial Disputes ct. hey are:
O Dismissal or discharge or grant of relief to workmen
wrongfully dismissed.
O Illegality or otherwise of a strike or lockout.
O Withdrawal of any customary concession or privileges.
*      he appropriate government
may, by notification in the official gazette, constitute
one or more Industrial ribunals for the adjudication
of Industrial disputes relating to the following matters:
O Wages
O Compensatory and other allowances
O ours of work and rest intervals
O |onus, profitsharing, F etc.
O ules of discipline
O Working shifts other than in accordance with standing
orders
It is the duty of the Industrial ribunal to hold its
proceedings expeditiously and to submit its report to
the appropriate government within the specified time.
* ü    he central government may, by
notification in the official gazette, constitute one or
more National ribunals for the adjudication of
Industrial Disputes in
O Matters of National importance
O Matters which are of a nature such that industries in
more than one state are likely to be interested in, or are
affected by the outcome of the dispute.
It is the duty of the National ribunal to hold its
proceedings expeditiously and to submit its report to
the central government within the stipulated time.

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