Dear Paulraj
Attach please find some materials on Industrial Relations....Also below is an article on Employee Conflict which is directly relation to Industrial Relations.....
Employee Conflict
Neverthless Managements taking care of employee satisfaction through meticulous Human Resource Management , disputes between the employees and employers take place due to conflict of interest between Capital and Labor. In general profit maximization or wealth maximization are the goals of management and profit sharing or wage maximization are the goals of workers which contradict each other. These diversified goals of management and labor result in dispute of interests and consequently Employee Conflicts or Industrial Conflicts.
Absence of Industrial unrest implies existence of harmonious relationship between Capital and Labor. Industrial peace is a condition where labor and management work together harmoniously towards their socially desirable goals.
Industrial unrest is the result of the discontent of workers and management. Employee conflict can be classified into 4 groups,
Interest disputes : These are the disputes that arise out of the deadlock in negotiations.
Grievance disputes: These are the disputes that arise from day to day grievances.
Unfair labor practice: These are the disputes that arise from acts of interference with the exercise of right to organize acts etc.
Recognition disputes: These are the disputes that arise due to the recognition of Trade Union as a bargaining agent.
DEFINITION: According to the Industrial Disputes Act 1947, sec 2 (k), “ 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 non-employment or terms of employment or with the condition of labor of any person”.
The relationship between the employer and the workman should be in existence and should be the result of the contract and the workman actually employed.
Principles to judge the nature of a dispute were evolved by the Court as follows:
1. The dispute must affect large group of workmen who have community of interest the rights of these workmen must be affected as a class in the interest of common good. In other words, considerable section of employees should necessarily make common cause within the general lot.
2. The dispute should invariably taken up by the Industry Union or by an appreciable number of workmen.
3. There must be a concerted demand by the workers for redress and the grievance becomes such that it turns from individual complaint into general complaint.
4. The parties to the dispute must have direct and substantial interest in the dispute that is there must be same nexus between the union which exposes the cause of workmen and the dispute. Moreover, the union must fairly claim a representative character.
5. If the dispute was in its inception an individual dispute and continue to be such till the date of its reference by the government for adjudication, it could not be converted into an Industrial dispute by support subsequently to the reference even of workmen interested in the dispute.
Industrial unrest thus takes an organized form when the work people make common cause for the grievance against employers through manifestations of strikes, demonstration, picketing, morchas, gate meetings, gheraos.
Features of Industrial conflicts:
(i) Many of the present day conflicts are totally devoid of cost benefits , consciousness on the part of labor. Many of them were long drawn out. In most cases it appears that the object of the struggle is to cause damage to the employers rather than benefit for the labor.
(ii) Another significant trend seen in those conflicts is the frequency with which management met, labor pressure, “by the management pressure of lockouts”.
(iii) Most of the strikes are political stikes that is they are not caused by any industrial dispute as such. Among these are included physical restraint like Bandh, Gherao, Dharna, etc., Go slow and work to rule. All these practices show that the politicians behind the unions want to come in prominence at the cost of even crores of rupees loss in terms of mandays ans Sales.
(iv) Employers are forced to react by lockouts at the expense of man days lost when the labor union strikes take a violent form like gheraos, violence characterised by destruction of property, burning of vehicles, snapping of telephone wires or even stabbing or murdering. The average duration of lockout is much larger than that of a strike, as the lockout represents an employer’s resistance and in India the employers has more resources to ride out a period of stoppage.
There can be several causes of Industrial conflicts. Some of them are,
Industrial factors, Management attitude towards labor, Government machinery and other features.. As most of the reasons are enumerated above I am not disussing micro level details here. Industrial conflicts are common even in developed countries and there is no Industry or country where Industrial conflicts do not take place.
Regards
Ankit
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