Industrial DisputesIndustrial disputes are conflicts, disorder or unrest arising between workers and employers on any ground. Such disputes finally result in strikes, lockouts and mass refusal of employees to work in the organization until the dispute is resolved.

Definitions of Industrial Disputes

As per Patterson:

“Industrial strife constituent militant and organized protest against existing industrial conditions, they are symptoms of industrial unrest in the same way that boils are symptoms of disorder of body.”

Industrial Dispute Act – 1947

“Industrial Dispute is any dispute or difference between the employees and employers or between employers and workmen or between workmen and workmen, which is concerned with the employment or terms of employment or with the conditions of labor of any person.”

Analysis of Industrial Dispute Definition

From the definition it may be concluded that an Industrial Dispute means a conflict or unrest or dispute or any sort of difference between employees and employers which may relate with the employment or the terms of employment or working conditions.

For a dispute to become Industrial Dispute there must be a dispute difference between:

1. Employers and employees2. Employers and workmen3. Workmen and workmen

It is connected with the employment or terms of employment or with the conditions of labor.

Principles assigned by courts for judging the nature of disputes;

The term Industrial Disputes has been interpreted differently in different situations by courts. So the court has assigned some principles for judging the natures of Industrial Dispute, these principles are as follows’

 

1. The dispute must affect large number of workmen2. The dispute should be taken up by the Industry Union3. The parties involved in dispute must have direct interest

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4. The consulted demand must become grievance5. Workmen can raise Industrial Dispute himself under Section 2A of Industrial Disputes

Act -1947

So it can be concluded that Industrial Disputes harm both parties employees and employers and are always against the interest of both employees and the employers.

Forms of Industrial Disputes.

A.Strike . A Strike also called labor strike, is a work stoppage caused by the mass refusal of employee to work.According to Industrial Disputes Act 1947, it be a withdrawal of work by a body persons employed in an industry acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment.It is very powerful weapon used temporarily by trade unions and other labor associations to get their demands accepted.

Strike includes two aspects. Firstly, a strike is a referred to as stopping work by a group of workers employed in a particular industry. Secondly, it also includes the refusal of a number of employees to continue work under their employer.

B. Lock - outs.Lock-out is the counterpart of strike. It is the weapon available to the employer to close down the factory until the workers to resume work on the conditions laid down by the employer. According to Industrial Disputes Act 1947, lock out means the temporary closing of a place of an employment, or the suspension of work by employer. Employers decide to go for lock- out when it is impossible to meet the demands of the workers. It is a temporary work stoppage or denial of employment during a labor disputes initiated by the management of a company. It is usually implemented by simple refusing to admit employee into company premises and may include action such as charging locks and hiring security guards for the premises. Other implementation include a fine for showing up, or a simple refusal of clocking on the time clock. The purpose of a lockout is to put pressure on a union by reducing the number of numbers who are able to work. Again employer may impose a lockout is to avoid slowdown or intermittent work-stoppages.

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C. Gheraos.Gherao in Hindi means to surround. In this way a group of workers initiate collective action aimed at preventing members of the management from leaving the office. This can be occurred outside the factory too. The person who are gheraoed are not allowed to move for a long time, even without food or water. It is an encirclement way of protest. Usually a group of people would surround a politician or a government building until their demand are met, or answers given. The main object of gherao is to inflict physical and mental torture to the person being gheraoed and hence this weapon disturbs the industrial peace to a great extent.

Picketing.Picketing is more serious protest than other type of industrial disputes. Picketing is a form of protest in which people called picketers congregate outside a place of work or location where an event is taking place. It is basically a method of drawing public attention toward the fact that there is a dispute between the management and employees. Often it is done in an attempt to dissuade other from going in, but it can also be done to draw public attention to a cause. Here workers illegally use force, or threat of force, or physical obstruction, to injure or intimidate or otherwise interface with other staff service users or customer.

Purpose of picketing.1. To stop or persuade worker not to go to work. 2. To tell the public about the strike.3. To persuade worker to take union side.

Definition of Strike

A strike is a very powerful weapon used by trade unions and other labor associations to get their demands accepted. It generally involves quitting of work by a group of workers for the purpose of bringing the pressure on their employer so that their demands get accepted. When workers collectively cease to work in a particular industry, they are said to be on strike.

According to Industrial Disputes Act 1947, a strike is “a cessation of work by a body of persons employed in an industry acting in combination; or a concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment; or a refusal under a common understanding of any number of such persons to continue to work or to

Accept employment”. This definition throws light on a few aspects of a strike. Firstly, a strike is a referred to as stoppage of work by a group of workers employed in a particular industry. Secondly, it also includes the refusal of a number of employees to continue work under their employer.

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In a strike, a group of workers agree to stop working to protest against something they think is unfair where they work. Labors withhold their services in order to pressurize their employment or government to meet their demands. Demands made by strikers can range from asking for higher wages or better benefits to seeking changes in the workplace environment. Strikes sometimes occur so that employers listen more carefully to the workers and address their problems.

For Example. International Workers' Day is the commemoration of the 1886 Haymarket affair in Chicago. The police were trying to disperse a public assembly during a general strike for the eight-hour workday. After that the worker achieved their demand through the strike.

Causes of strike

The new industrial set-up has given birth to the capitalistic economy which divided the industrial society into two groups of labour and capitalists. The interests of these two groups are not common which created industrial disputes such as ‘strike’.

The causes of strike can be broadly classified into two categories. economic and non-economic causes. The economic causes will include issues relating to compensation like wages, bonus, allowances, and conditions for work, working hours, leave and holidays without pay, unjust layoffs and retrenchments. The non-economic factors will include victimization of workers, ill treatment by staff members, sympathetic strikes, political factors, indiscipline etc.

Economic causes.

The most common causes of industrial disputes are economic causes. These are follows.

Demand for higher Wages.

Rise in the cost of living forces the workers to demand more wages to meet the rising cost of living index and to increase their standards of living. This brings them into conflict with their employers who are never willing to pay more wages to workers.

Demand for Allowances and Bonus.

Increase in cost of living was the main cause of the demand of certain allowance allowances such as dearness allowance, house allowance, medical allowance, night shift allowance, conveyance allowance etc; by the workers to equate their wages with the rise of prices. Bonus also plays an

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important role as a cause of strike. Both the amount and the method of bonus payment have led to a number of strikes. Records show that almost all incidents of massive labour unrest, which have direct link with wage hike demand, took place in 2006 and 2010.

High Industrial Profits.

In the changing world, concept of labour has changed considerably. At the present, employers consider themselves as a partner of the industry and demand their share in the profits.

Salary and incentive problems.

Sometimes workers are not paid with their wages, bonuses, and other incentives properly. As a result they get involved in strikes to raise their voice to the concern authority.

Non- Economic Causes.

Working Conditions and Working Hours.

The working conditions in Bangladesh industries are not hygienic. There is not ample provision of water, heating, lighting, safety etc. On the other hand, working hours are also greater. The demand of palatable working conditions and shorter hours of work led to labour strikes.

Modernization and Automation of Plant and Machinery.

The attempt at modernization and introduction of automatic machinery to replace labour has been the major cause of strikes of Bangladesh. Workers go on strike, off and on, to resist such rationalization.

Personnel Causes.

Sometime industrial strikes arise because of personnel problems like dismissal, retrenchment, layoff, transfer, and promotion etc.

Political Causes.

Various political parties control trade unions in Bangladesh. In many cases, their leadership vests in hands of persons who are more interested in achieving their political interests rather than the interests of the workers.

Indiscipline.

Industrial strikes also take place because of indiscipline and violation on part of the workforce. The managements to curb indiscipline and violence resort to lockouts

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Non-reorganization of trade unions.

The employers usually do not like the interference by trade unions. They do not recognize them. This brings the workers into conflict with their employers and leads them to go on strikes.

Weakness of Trade Unions.

Weaknesses of trade unions encourages the employers to deny certain basic needs of the workers such as medical, education and housing facilities etc. This led to resentment on the part of workers who resorted to direct action.

Miscellaneous causes.

Behavior of supervisors, Lack of proper communication between management and workers, Rumors spread out by trade union, Inter-trade union rivalry etc; are the other causes that cause strikes and other types of industrial disputes between management and employers.

TYPES OF STRIKE

Economic Strike.

Under this type of strike, labors stop their work to enforce their economic demands such as wages and bonus. In these kinds of strikes, workers ask for increase in wages, allowances like traveling allowance, house rent allowance, dearness allowance, bonus and other facilities such as increase in privilege leave and casual leave.

Sympathetic Strike.

When workers of one unit or industry go on strike in sympathy with workers of another unit or industry who are already on strike, it is called a sympathetic strike. The members of other unions involve themselves in a strike to support or express their sympathy with the members of unions who are on strike in other undertakings. The workers of sugar industry may go on strike in sympathy with their fellow workers of the textile industry who may already be on strike.

General Strike.

It means a strike by members of all or most of the unions in a region or an industry. It may be a strike of all the workers in a particular region of industry to force demands common to all the workers. These strikes are usually intended to create political pressure on the ruling government, rather than on any one employer. It may also be an extension of the sympathetic strike to express generalized protest by the workers.

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Sit down Strike.

In this case, workers do not absent themselves from their place of work when they are on strike. They keep control over production facilities. But do not work. Such a strike is also known as 'pen down' or 'tool down' strike. Workers show up to their place of employment, but they refuse to work. They also refuse to leave, which makes it very difficult for employer to defy the union and take the workers' places. In June 1998, all the Municipal Corporation employees in Punjab observed a pen down strike to protest against the non-acceptance of their demands by the state government.

Slow Down Strike.

Employees remain on their jobs under this type of strike. They do not stop work, but restrict the rate of output in an organized manner. They adopt go-slow tactics to put pressure on the employers.

Sick-out (or sick-in).

In this strike, all or a significant number of union members call in sick on the same day. They don’t break any rules, because they just use their sick leave that was allotted to them on the same day. However, the sudden loss of so many employees all on one day can show the employer just what it would be like if they really went on strike.

Wild cat strikes.

These strikes are conducted by workers or employees without the authority and consent of unions. In 2004, a significant number of advocated went on wildcat strike at the City Civil Court premises in Bangalore. They were protesting against some remarks allegedly made against them by an Assistant Commissioner.

LOCK-OUT

Definition

Lock-out is an act of the management. A lock-out is generally intended to put pressure on the workers so that they may agree to the terms of work of the employer. Lock-out is the counterpart of strike. It is the weapon available to the employer to close down the factory until the workers agree to resume work on the conditions laid down by the employer.

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According to Industrial Disputes Act 1947, section 2(l)-“Lock-out” means the closing of a place of employment or part of such place, or the suspension, wholly or partly, of work by an employer, or refusal, absolute or conditional, by an employer to continue to employ any number of workers employed by him, where such closing, suspension or refusal occurs in connection with the industrial dispute or is intended for the purpose of compelling workers employed to accept certain terms and conditions of or affecting employment.

Conditions precedent to lock-out

1. No employer carrying on any public utility service shall lock-out any of his workmen (a) without giving them notice of lock-out, in the prescribed manner, within six weeks before locking out; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceeding.-Sec. 22(2).

2. Notice of lock-out or strike is not necessary when a strike or lock-out (respectively) is already in existence. But the employer shall inform the prescribed authority.-Sec 22(3).

3. When an employer of a public utility service receives notice of strike or gives notice of a lock-out, he must within five days report to the appropriate Government or the authority appointed by such Government for this purpose.-Sec. 22(6).

Reasons for Lock-out

If it is impossible to meet the demands of the workers, employers may decide to go for lock-out.

To bring psychological pressure on the workers to agree to his conditions face closure of the unit.

When only part of a trade union votes to strike.

The employer may declare a lock-out until the workers end the strike.

To avoid slowdowns or intermittent work-stoppages.

To put pressure on a union by reducing the number of members who are able to work.

Definition of Picketing

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picketing standing or parading near a business or government office usually with signs of protest or claims in labor disputes or public policy controversies (peace marches to pro- or anti-abortion advocates). Picketing is constitutionally guaranteed as free speech, but in some cases it may be limited by court order to prevent physical combat, blocking of entrances or threats to the public safety

Purpose of the picket

(1) The purpose of the picket is to peacefully encourage non-striking employees and members of the public to oppose a lock-out or to support strikers involved in a protected strike. The nature of that support can vary. It may be to encourage employees not to work during the strike or lock-out. It may be to dissuade replacement labour from working. It may also be to persuade members of the public or other employers and their employees not to do business with the employer.

(2) The strike must be a protected strike. In normal cases, employees picket at their own place of work in support of their strike against their own employer. Cases do arise, however, where employees picket at their own place of work in support of a strike between another employer and its employees. This is what is contemplated in section 66 as a "secondary strike". In this case, in order to be protected, the picket must further satisfy the requirements of a lawful secondary strike in terms of section 66 of this Act. This is because the definition of "secondary strike" in section 66 includes "conduct in contemplation or furtherance of a strike". A picket is "conduct in contemplation or furtherance of a strike."

(3) The requirements for a protected secondary strike are-

a. the strike that is to be supported by the secondary strike must itself be a protected strike;

b. the employer of the employees taking part in the secondary strike must have received written notice of the proposed picket at least 7 days prior to its commencement; and

c. the nature and extent of the secondary strike must be reasonable in relation to the possible direct or indirect affect that the secondary strike may have on the business of the primary employer.

(4) If a picket is in support of an unprotected strike, the picket is not protected by section 69 of this Act.

(5) Pickets may be held in opposition to a lock-out. Section 69(1) does not distinguish between protected and unprotected lockouts. This means that a picket may be authorized and held in opposition to a protected or an unprotected lock-out.

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Gheraos.

Gherao in Hindi means to surround. In this way a group of workers initiate collective action aimed at preventing members of the management from leaving the office. This can be occurred outside the factory too. The person who are gheraoed are not allowed to move for a long time, even without food or water. It is an encirclement way of protest. Usually a group of people would surround a politician or a government building until their demand are met, or answers given. The main object of gherao is to inflict physical and mental torture to the person being gheraoed and hence this weapon disturbs the industrial peace to a great extent.

Prohibition of strikes and lockouts:

Implications

In any Industrial endeavor co-operation of labour and capital is quite essential for its success, although they have interests contrary to each other. They have different strategies and weapons to ventilate their grievances and safeguard their interests. These democratic weapons often used by them are strikes and lock-outs. Just as strike is a weapon available to employees for enforcing their Industrial demands, a lock-out is a weapon available to the employer to persuade by a coercive process to see his point of view and to accept his demands. In the struggle between capital and labour, as the weapon of strike is available to labour and is often used by it, so is the weapon of lock-out available to the employer and can be used by him.

Strike

The term ‘strike’ has been defined in a wide variety of branches of human knowledge, viz. etymology, sociology, political economy, law and political science

Strike has been defined in Section 2 (q) of the Industrial Disputes Act, 1947as under—

“Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.”

The analysis of the definition would show that there are the following essential requirements for the existence of a strike:

(1) There must be cessation of work.

(2) The cessation of work must be by a body of persons employed in any industry;

(3) The strikers must have been acting in combination;

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(4) The strikers must be working in any establishment which can be called industry within the meaning of Section 2(j); or

(5) There must be a concerted refusal; or

(6) Refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment;

(7) They must stop work for some demands relating to employment, non-employment or the terms of employment or the conditions of labour of the workmen.

When the strike is illegal

1. if it is in breach of Contract of Employment.

2. if it is in Public Utility Services.

3. if Notice under Section 22(1) is not given.

4. if commenced during Award or settlement period.

5. if commenced During or within 7 days of completion of Conciliation Proceedings.

6. if commenced During or within Two months of completion of Adjudication Proceedings.

Lockouts

The Statutory Definition

Section 2(1) of the Industrial Disputes Act, 1947 defines “Lock-out” to mean: The temporary closing of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him [14]. A delineation of the nature of this weapon of industrial warfare requires description of: (i) the acts which constitute it; (ii) the party who uses it; (iii) the party against whom it is directed; and (iv) the motive which prompts resort to it.

Lock-out, When Legal

The Act treats strikes and lock-out on the same basis; it treats one as the counter part of the other. (Mohammed Sumsuddin), the circumstances under which the legislature has banned strike; it has also at the same time banned the lock-out. Thus what holds good-bad; legal-illegal, justified unjustified for strikes, holds the same for the lock-out. As such, the provisions of the Act which prohibit the strike also prohibit the lock-out.

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The object and reasons for which the Lock-out are banned or prohibited are the same for which strikes are banned or prohibited. It is because the Employer and the Employees are not discriminated in their respective rights in the field of industrial relationship between the two. As such, lock-out if not in conflict with Section 22 and 23 may be said to be legal or not legal. Sections 24(1) (iii), 10(3) and 10A (4A) similarly controls the lock-out. A lock-out in consequence of illegal strike is not deemed to be illegal. But if lock-out is illegal, Section 26(2), 27 and 28 will come in operation to deal with the situation. The Act does not lay down any guidelines to settle the claims arising out of illegal lock-out. The courts, therefore, have adopted the technique of apportioning the blame between the Employer and employees. This once again brings to the fore the concept of justifiability of lock-out.

Prohibition of Lockout

In the similar circumstances the lockout has been prohibited in the public utility service. Section 22 (2) of the Act provides that no employer carrying on any public utility service shall lock out any of his workmen:

1.Without giving them notice of lockout as hereinafter provided, within six weeks before locking out; or

2. Within 14 days of giving notice; or

3. Before the expiry of the day of lockout specified in any such notice as aforesaid; or

4. During the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings.

It makes clear that the employer has to comply with the same conditions before he declares lockout in his industrial establishment which the workmen are required to comply with before they go on strike. The conditions for both the parties are same.

Procedure of settlement of Industrial Disputes in Bangladesh

The following procedure is observed in the settlement of the industries disputes in Bangladesh.

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Whenever any disputes arises in a firm, a charter of demand is raised in written from to managerial authority of the firm. Then management representative of the Collective Bargaining Agent (CBA) sit together in a bipartite negotiation to solve the problem [Sec 210 (2) Bangladesh labor Law 2006 Act.]

If solution is found out at this stage, then the disputes is dropped after signing a a Memorandum of Agreement (MOA) and sending a copy there each to secretary, Ministry of Labor and Manpower and the conciliator. [Sec 210 (3) Bangladesh labor Law 2006 Act.]

However, if no solution is found out, any of the aggrieved parties may go to third party called Conciliator for Tripartite Negotiations. The government of the country. For the respective area, appoints a Conciliator. This process is called conciliator. [Sec 210 (4) Bangladesh labor Law 2006 Act.]

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References

1. Kumar H.L, Labour Problems & Remedies, 8th Edn.

2. Mishra, S.N, Labour and Industrial Laws 24th Edn.

3. Malik P.L, Labour and Industrial Law 11th Edn.

4. G.B. Pai, Labour Law in India, Vol. 1

5. Dr. V.G. Goswami, Labour & Industrial Laws, 8th Ed., Central Law Agency

6. Dr. Avtar Singh & Dr. Harpreet Kaur, Introduction to Labour & Industrial Law, 2nd Ed., 2008, Lexis-Nexis Butterworths Wadhwa Nagpur

7. Ludwig Teller, Labour Disputes and Collective Bargaining, Vol 1

Web References:-

www.cili.in/article/viewFile/1804/1213

industrialrelations.naukrihub.com/analysis-of-strikes.html

en.wikipedia.org/wiki/Lockout_(industry

abourandemployment.gov.in/ilc_a/law/ida/ch5.html

w Source: http://www.shvoong.com/business-management/management/1922306-causes-industrial-disputes/#ixzz2NrgFNoyo

ww.worldmapper.org/posters/worldmapper_map358_ver5.pd

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