Industrial Dispute Act - Limited Company - CiteHR
Psdhingra
Legal Analyst, Hrm
R.N.Khola
Labour Laws & Ir
Ukmitra
Business Development, Employee Relations,
Satyam.hr
Human Resource And Labour Laws
Shaunak_aus82
Hr & Industrial Relations
+2 Others

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
So sorry due to oversight i typed wrongly. Its industrial Dispute act. Can u suggest me whether it is applicable for a Mutual Fund Distribution Private Limited Company.:confused:
Community Prime Sponsors
FactoHR.com - Payroll Software with GPS Enabled Attendance, Travel, Performance Management, HRMS.
Talentedge.com "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA.
Dear In my opinion it is applicable to this establishment. Regards, R.N.Khola
Dear Khola Sir,
Seeking an advise from you.
We are a Foods & Beverages Company, having regional office in Mumbai. We have outlets spread across Maharashtra. Recently, we have been approached by a political party, representing Maharashtra Mathadi, Hamaal and General Labour association.
This party leader has claimed that the job of loading, unloading of the food material etc (that happens at our outlets) is to be done by Mathadi people only and not by our operations staff. Hence, either we allow our staff to become their union members or we should take their union members (Mathadi kaamgaar) as our permanent employees.
Both conditions are not acceptable to us. Could you pl advise us, on how I should go ahead and diffuse/sort the issue ?
We do not rule out the possibility of them breaking/damaging our outlets.
Shall be thankful to you.
Regards,
SMM - HR
Dear SMM,
My area of working is only limited up to the State of Haryana. In Maharashtra State, I do not know what is the work culture & what are the laws relating to Trade Unions & IR. No one can force the workers to have the union membership but on the other hand they are at their liberty to become the member of the union & raise the demand through the union. To be on safer side you should have liaison with the Labour & Police department & appraise them the situation. You can take the assistance of your local HR members regarding this situation. Also keep in touch with your employees
Regards,
R.N.Khola


Dear Hinger,
yes your I.D act is applicable to your organisation.
As per Section 2(k) of Industrial Disputes Act,1947, an industrial dispute in defined as any dispute or difference between employers and employers, or between
employers and workmen, or between workmen and which is connected with the employment or non-employment or the terms of employment or with the conditions of labor, of any person.
This definition includes all the aspects of a dispute. It, not only includes the disagreement between employees and employers, but also emphasizes the difference of opinion between worker and worker. The disputes generally arise on account of poor wage structure or poor working conditions. This disagreement or difference could be on any matter concerning the workers individually or collectively. It must be connected with employment or non-employment or with the conditions of labour.
Dear SMM,



You have trouble makers at your doors.



I would not be able to write more here else I will be targeted by them.



Course of Action:

First and foremost, try buying time to decide. The more time the better. Follow the principle, "Delayed action Tactice". Always let them know by action that you are there to help them.



1. Immediately, seek a mediator for your offices whereever they have approched.

2. In all keep the final decision in your hand.

3. The union have their own rates for cargo loading and unloading. So please ensure you have your rates agreed.

4. Do not succumble to their presurre and force tactices and big contacts.

5. Contact your local MLA and develop a good repo and also brief them on the issue.

6. Never let them know who is the final decision maker and better to let them know from head office.

7. I agree, do not allow your people to become a member of this group. You will have hard time going ahead.

8. If you are in an industrial area, you will have to atleast take few of mathadi workers. Infact I guess you will be forced to take. They are known to use muslces tactics.

9. Make an official complain at nearest police of receiving threats from them.

10. Involve ur legal adviser.

11. You will take some time to come in union with them and once friendly, you will not have much problem.

12. Ensure you have a local guy also involved in surpervising these kamaghar if you have to take them.

13. Take people from local for all unloadinga and loading activities. If you have sme village nearby, better. I had used the cover of "PAP" for our warehouse.

14. If they have good presence in the area, I guess you would be forced to fell in line.

15. POlictical guidance and advice is required at this stage.

16. All in All, try use moder machine for all your activities. Most of this union have little exprience in modern utilities. It cost but puts us in less problem.



All the Best.



ukmitra




Dear SMM,
You are in an unenviable situation. In reality, you do not have any choice but to give in, else you face the music.
We all saw what happened to Karan Johar...he had to go and apologise to Raj Thakeray just becasue one of the actor's called Mumbai, Bombay.
Uncontrolled, unckecked, Goonda Raj is blatantly prevalent in Mumbai and there is precious little you can do. Even the law enforcing authorities appear to be impotent.
Cheers,
Vasant Nair
Dear Shaunak,
Except items 5 & 15, I agree with Mr. U K Mitra. You can adopt the methods suggested by Mr. Mitra. BUT, beware, if you dare intervention of politics in to your regime you will be inviting much more trouble for you and your organization. Once you allow a political party to intervene immediately after that severaal other opposit political parties would jump in to the arena to make hell of the situation in the name of labour supression. Nothing will remain under your control after that. You will be treated as an inefficient manager or entrepremeur (whichever position you hold) if the situation goes out of your control.
P S Dhingra
Vigilance & Change Management Consultant
Dear Mr. Dhingra,
Yes, I agree. But i had successfully used the same tactice to keep all them engaged in internal disucssion for 2 years. Also I used the tactics of getting some petty jobs for their immediate kin and friends else where. It really works if the Leader is benefited someway or the other to ensure we do not have their majority of their staff in our company. Usually this Kmaghar respect the leaders of some polictical group. It is advisable for big organisation, as it really helps, if used brillaintly.
MLA and Political guideness is good as long as they make sense to our business but I agree if they try to take advantage of us...then they will be a pain in our A**.
Regards
Ukmitra





Dear Mitra,



Please don't mind about my difference on the entry of politics in to the management affairs. I expressed only my perception and practice against the political interference in to the managerial affairs. I admire you for all other very brilliant suggestions in tackling the issue. It is however better to have the list of the Kamgars from the source and hire them ddirectly than through any leader. The kamgars hired directly would definitely respect you and be loyal to you rather than those routed through the Union or leaders, as they would have affiliation only to their leader through whom he has been hired. This way the leaders will also not be able to express any grievance, as you can well say that their men are already in your employment.



But about political help, I can only say, once you take any obligation from the political leaders, your own decision making power would gets blunt. In most of the cases you will have to yield before their wishes and frequent demands, and you get yourself emotionally blackmailed not only by themselves but by their touts also. They would try to get a lot of their undue demands fulfilled by virtue of only one obligation. Once you decline their undue demand you will be declared as an anti-people person. On the other hand you already would have made their opponents your personal enemy by ignoring them. Anyway, this all depends from man to man. But, personally, I won't like to advise any one to get the entry of politics in to the management affairs.



One can consult other professionals for sincere advice if he feels some handicap in solving any particular problem but not a politician.

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™