The term Industrial Relations comprises of two terms: Industry and Relations.

Industry refers to any productive activity in which an individual (or a group of individuals) is (are) engaged. By relations we mean the relationships that exist within the industry between the employer and his workmen.

Concept of Industrial Relations:

Industrial relations are the relationships between employees and employers within the organizational settings. The field of industrial relations looks at the relationship between management and workers, particularly groups of workers represented by a union. Industrial relations are basically the interactions between employers, employees and the government, and the institutions and associations through which such interactions are mediated.

Building Harmonious Relations for Mutual Gain

The relationships which arise at and out of the workplace generally include the relationships between individual workers, the relationships between workers and their employer, the relationships between employers, the relationships employers and workers have with the organizations formed to promote their respective interests, and the relations between those organizations, at all levels. industrial relations also includes the processes through which these relationships are expressed (such as, collective bargaining, workers participation in decision-making, and grievance and dispute settlement), and the management of conflict between employers, workers and trade unions, when it arises.

Industrial relations is used to denote the collective relationships between management and the workers. Traditionally, the term industrial relations is used to cover such aspects of industrial life as trade unionism, collective bargaining, workers participation in management, discipline and grievance handling, industrial disputes and interpretation of labor laws and rules and code of conduct. In the words of Lester, "Industrial relations involve attempts at arriving at solutions between the conflicting objectives and values; between the profit motive and social gain; between discipline and freedom, between authority and industrial democracy; between bargaining and co-operation; and between conflicting interests of the individual, the group and the community.

The term industrial relations has a broad as well as a narrow outlook. Originally, industrial relations was broadly defined to include the relationships and interactions between employers and employees. From this perspective, industrial relations covers all aspects of the employment relationship, including human resource management, employee relations, and union-management (or labor) relations. Now its meaning has become more specific and restricted. Accordingly, industrial relations pertains to the study and practice of collective bargaining, trade unionism, and labor-management relations, while human resource management is a separate, largely distinct field that deals with nonunion employment relationships and the personnel practices and policies of employers.

. According to NCL, industrial relations affect not merely the interests of the two participants- labor and management, but also the economic and social goals to which the State addresses itself. To regulate these relations in socially desirable channels is a function, which the State is in the best position to perform.

In fact, industrial relation encompasses all such factors that influence behavior of people at work. A few such important factors are: Institution: It includes government, employers, trade unions, union federations or associations, government bodies, labor courts, tribunals and other organizations which have direct or indirect impact on the industrial relations systems.

Characters: It aims to study the role of workers unions and employers federations officials, industrial relations officers/ manager, mediator/conciliators / arbitrator, judges of labor court, tribunal etc.

Machineries for Resolving Industrial Dispute

Methods: Methods focus on collective bargaining, workers participation in the industrial relations schemes, discipline procedure, grievance redressal machinery, dispute settlements machinery working of closed shops, union reorganization, organizations of protests through methods like revisions of existing rules, regulations, policies, procedures, hearing of labor courts, tribunals etc.

Contents: It includes matter pertaining to employment conditions like pay, hours of works, leave with wages, health, and safety disciplinary actions, lay-off, dismissals retirements etc., laws relating to such activities, regulations governing labor welfare, social security, industrial relations, issues concerning with workers participation in management, collective bargaining, etc

Recognized Weapon in the hands of workmen

Go Slow

Recognized weapon In the hands of workmen

Walk to rule

Strike, picketing, dharna,

Protesting in lawful mannerwearing black batches

Weapon in the hands of Employer

Disciplinary actions

Wage Cut

Suspension from work

Termination/Dismissal

Lock out

Parties to Industrial relation & Regulatory Process

Employer
Workmen

Government

Legal Frame work

The Industrial Disputes Act, 1947 The Trade Union Act, 1926 The Plantation Labor Act, 1951 Implementation of the Scheme of Employees Participation in Management, 1983.

Tripartite Conciliation Process

Conciliatory authority Union Employer

The Act contains 40 sections divided into 7 chapters. Chapter I deals with the title, definitions, etc. Chapter II contains the various authorities under the Act. These authorities include Conciliation Officers, Labour Courts and Tribunals. Chapter III contains the main scheme of the Act such as reference of disputes to Lab our Court is and Industrial Tribunals. Chapter IV lays down the procedure, power and duties of the authorities constituted under the Act. Chapter V contains provisions to prohibit strikes and lock-outs, declaration of strikes and lock-outs as illegal, and provisions relating to lay-off and retrenchment and closure. Chapter-VI contains provisions of various penalties under the Act. ChapterVII contains miscellaneous provisions.

The Trade Unions Act, 1926 provides for registration of trade unions of employers and workers and in certain respects, it defines the law relating to registered trade unions. It confers legal and corporate status on registered trade unions. The Act is administered by the concerned State Governments. Certain provisions of the Act were amended and given effect to w.e.f. 9.1.2002.

Some of the salient features of the Trade Unions (Amendment) Act, 2001 are:No trade union of workmen shall be registered unless at least 10% or 100, whichever is less, subject to a minimum of 7 workmen engaged or employed in the establishment or industry with which it is connected are the members of such trade union on the date of making of application for registration. (ii)A registered trade union of workmen shall at all times continue to have not less than 10% or 100 of the workmen, whichever is less, subject to a minimum of 7 persons engaged or employed in the establishment or industry with which it is connected, as its members. (iii)A provision for filing an appeal before the Industrial Tribunal / Labour Court in case of non-registration / restoration of registration has been provided.

The Plantation Labour Act, 1951 provides for the welfare of plantation labour and regulates the conditions of work in plantations. The Act is administered by the State Governments and is applied to any land used as plantations which measures 5 hectares or more in which 15 or more persons are working. The State Governments are however, free to declare any plantation land less than 5 hectares or less than 15 persons to be covered by the Act. It applies to all the plantation workers whose monthly wages does not exceed Rs.750/- per month. In every Plantation covered under the Act medical facilities for the workers and their families are to be made readily available as may be prescribed by the State Government. The Act provides for setting up of canteens, crches, recreational facilities suitable accommodation and educational facilities for the benefit of plantation workers in and around the work places in the plantation estate. The Act provides that no adult workers and adolescent or child shall be employed for more than 48 hours and 27 hours respectively a week, and every worker is entitled for a day of rest in every period of 7 days.

(iv) All office bearers of a registered trade union, except not more than one-third of the total number of office bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the trade union is connected. (v) Minimum rate of subscription by members of the trade union is fixed at one rupee per annum for rural workers, three rupees per annum for workers in other unorganized sectors and 12 rupees per annum in all other cases. (vi) For the promotion of civil and political interest of its members unions are authorized to set up separate political funds.

SCHEME FOR PARTICIPATION OF WORKERS IN MANAGEMENT In December 1983, following a review of the progress of participative schemes in industry, a new scheme was prepared and notified. This scheme is applicable to all central Public Sector enterprises, except those specifically exempted. It envisaged constitution of bipartite forums at shop and plant levels. In enterprises considered suitable, it was also to be implemented at the Board level. The mode or representation of workers representatives was to be determined by consultation with the concerned unions, any parity in representation between the management and unions continued to be the norm. The scheme brought within the ambit of the councils a wider spread of work-related issues. At the plant level, the council could discuss issues relating to personnel, Welfare, environment and community development, plant operations and functioning, and also take up financial matters relating to profit and loss statements, balance sheets, operating costs, plant financial performance, labour and managerial costs, etc

Industrial Dispute means :-any dispute or differences -between employers and employers -or between employers and workmen -or between workmen and workmen which is connected with the employment or nonemployment -or the terms of employment -or with the conditions of labour of any person.

The Second Schedule of the I.D. Act deals with matters within the jurisdiction of Labour Courts which fall under the category of Rights Disputes. Such disputes are as follows:

a)The propriety or legality of an order passed by an employer under the standing orders; b)The application and interpretation of standing orders which regulate conditions of employment. c)Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed; d)Withdrawal of any customary concession or privilege; e)Illegality or otherwise of a strike or lock-out; and b)All matters other than those specified in the Third Schedule.

These are as follows:1.Wages, including the period and mode of payment; 2.Compensatory and other allowances; 3.Hours of work and rest intervals; 4.Leave with wages and holidays; 5.Bonus, profit sharing, provident fund and gratuity; 6.Shift working otherwise than in accordance with standing orders; 7.Classification by grades; 8.Rules of discipline; 9.Rationalization; 10.Retrenchment of workmen and closure of establishment; and 11.Any other matter that may be prescribed.

Any person
who is a workman employed in an industry can raise an industrial dispute. _______________________________________________ A workman includes any person (including an apprentice) employed in an industry -to do manual, unskilled, skilled, technical, operational, clerical or supervisory work -for hire or reward. -It excludes those employed in the -Army, Navy, Air Force and in the police service, - in managerial or administrative capacity. -_________________________________________________________ - Industry means :-any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen.

A workman can raise a dispute -directly before a Conciliation Officer in the case of discharge, dismissal, retrenchment or any form of termination of service. -In all other cases listed at 2 above, the dispute has to be raised by a Union / Management.

The Organization of the Chief Labour Commissioner(Central) acts as the primary conciliatory agency in the Central Government for industrial disputes. There are the Regional Labour Commissioners (Central) and Assistant Labour Commissioners (Central) -who on behalf of the Chief Labour Commissioner( Central) -act as Conciliatory Officers in different parts of the country. The Conciliation Officer make efforts to resolve the dispute through settlement between the workmen and the management. The duties of Conciliation Officers have been laid down under Section 12 of the Industrial Disputes Act.

In case of failure of conciliation (FOC) -a report is sent to Government (IR Desks in Ministry of Labour). The Ministry of Labour after considering the FOC Report exercises the powers available to it under Section 10 of the Industrial Disputes Act -and either refers the dispute for adjudication -or refuses to do so.

After the matter is referred to any of the CGIT-cumLabour Court, the adjudication process begins. At the end of the proceedings an Award is given by the Presiding Officer. The Ministry of Labour under Section 17 of the I.D. Act publishes the Award in the Official Gazette within a period of 30 days from the date of receipt of the Award.

An Award becomes enforceable on the expiry of 30 days from the date of its publication in the Official Gazette. The Regional Labour Commissioner is the implementing authority of the Awards.

No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lockout: the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings, the pendency of such proceedings before a Labour Court, Tribunal or National Tribunal and 2 months after the conclusion of such proceedings. pendeDuring ncy of arbitration proceedings before an Arbitrator and 2 months after the conclusion of such proceedings, where a notification has been issued. any period during in which a settlement or Award is in operation in respect of any of the matters covered by the settlement of Award
During the During During

No person employed in a Public Utility Service can go on strike without giving to the employer notice of strike; Within 6 weeks before striking. Within 14 days of giving such notice. Before the expiry of the date of strike specified in such notice. During the pendency of any conciliation proceedings before a Conciliation Officer and 7 days after the conclusion of such proceedings.

No employer carrying on any Public Utility service can lockout any of his workman : (i)Without giving to them notice of lockout provided within 6 weeks before locking out. (ii) (iii) Within 14 days of giving such notice. Before expiry of the date of lockout specified in any such notice.

(iv) During the pendency of any conciliation proceedings before a Conciliation Officer and 7 days after the conclusion of such proceedings

Whenever a workman (other than a badli workman or a casual workman) -whose name is borne on the muster rolls of an industrial establishment -Establishment employing 50 or more workmen on an average working day and -who has completed not less than one year of continuous service under an employer laid off, - whether continuously or intermittently, - he is to be paid by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene, -compensation which shall be equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid-off.

No workmen employed in any industry who has been in continuous service for not less than one year under an employer can be retrenched by that employer until : the workman has to be given one months notice in writing indicating the reasons for retrenchment or the workman has to be paid in lieu of such notice, wages for the period of the notice. The workman has to be paid, at the time of retrenchment, compensation which is equivalent to fifteen days average pay (for every completed year of continuous service) or any part thereof in excess of six months; and Notice in the prescribed manner is to be served on the appropriate Government (or such authority as may be specified by the appropriate Government by notification in the Official Gazette).

Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure is entitled to notice and compensation in accordance with the provisions as if the workman had been retrenched. Provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workman is not to exceed his average pay for three months.