Are These Worker Demands Really Part of an Industrial Dispute? Seeking Clarification

An industrial dispute has been raised by a registered trade union operating in our mines on their 14-point Charter of Demand. Among other points, they have raised demands on some issues that are not connected with their employment, such as:

1. Installation of an overhead tank and water filtration system in the township.
2. Availability of all required and better quality medicine in the company's hospital.
3. Improvement of township roads, playgrounds, and sanitation system.

It may be mentioned here that we maintain a small township for the accommodation of our workers, and they avail free treatment in our hospital. I feel the above issues do not fall under the category of an industrial dispute. Kindly clarify this.

Industrial disputes or demands should be based on the terms and conditions of employment. However, as you mentioned, the three points are not directly related to employment; these are other benefits provided by your management. Therefore, these points are not valid as per laws.

Regards,
Rao Rajbir

As an employer, if you are offering your employees a township for accommodation, the facilities should be satisfactory, and proper maintenance should be provided. It is crucial for them to be healthy and fit if you want them to work for you. However, if the facilities, especially hospitals and access to medicines, are lacking, it can become a problem. It is better to discuss their issues and find out what can be done to address them.

Demands as put forth are indirectly implied 'Terms & conditions' of employment. Because when you offer employment, you also state that quarters and other facilities will be provided, even if these are not explicitly mentioned in the appointment letter or HR policy. Moreover, I anticipate that when residential accommodation is provided to employees, the payment of HR allowance stops, and instead, employees' share towards the accommodation provided is deducted. Similarly, with the provision of medical facilities, employees cease to receive medical allowances. It seems that a colony has been established merely to save on conveyance allowances by bringing employees from nearby areas. If not all aspects are accurate, then there must be some savings for the company. If that's the case, why not address these issues? Furthermore, if the colony belongs to the company, it is the company's responsibility to provide proper facilities within the colony. Therefore, it is imperative for you to address the grievances of the Union.

Additionally, I would like to point out that the union follows the principle: "Ask for a 'gun' license, and we'll end up with a 'pistol'." Union leaders present demands continuously, and even if only 50-70% are accepted in the end, they are content as their leadership prevails.

Therefore, you should be prepared to negotiate on the demands and identify what the management can accept while minimizing additional burdens.

This is my experience that I have shared with you and other members.

Thanks,

Regards, V K Gupta

Understanding Union Demands in the Mining Sector

The views expressed by Mr. Gupta are quite valid. I also work in the mining sector. Union leaders, while submitting their agenda for a strike or for agenda meetings/IR meetings, often put forward some demands which they themselves know won't be met. However, the strategy is to inflate the charter of demands to attract more members/non-members to join their call for agitation. Besides, there is always a hidden agenda which they don't explicitly state but aim to achieve through such demands.

Strategies to Address Union Demands

My suggestion is to focus on the demands outlined in your organization's Rules & Regulations, and Service Rules. Try to uncover the hidden agenda by discussing with senior leaders of the Union who have issued the notice. They are likely to provide hints or express their intent clearly behind the call. If feasible, address their hidden agenda, and the Union leaders will handle everything else.

This advice stems from my extensive industry experience. I hope this guidance will assist you in fostering better industrial relations with trade unions and enhancing your personal image.

Best wishes,

Regards,
AK Jain
HR Personnel
NCL, CIL

I concur with the views expressed by M/s. Couvery and Gupta. Do you think Trade Union Leaders do not know what demands would constitute valid industrial disputes? As rightly pointed out by Mr. A.K. Jain, it is the time-old practice of trade unions to include even non-issues in the charter of demands for strategic reasons. They know pretty well that if one aims at the star, then only he would be able to reach at least the grandmother's nose. So don’t get perplexed by the number of demands. Try to read in between the lines and cull out the genuine demands that require action.

Characteristics of Industrial Dispute

Coming to the demands mentioned, how do you think that they do not partake the characteristics of an industrial dispute? Don’t you take into account the cost of maintenance of the township, salaries of the doctors and paramedical staff employed in the hospital, the cost of free medicines supplied, and the maintenance expenses of the hospital and the like while determining labor costs? Since yours is a mining industry, your management might have thought it imperative to have a small township in view of its geographical isolation. Such a move cannot be based on charity. On the other hand, it is a covert attempt to easily mobilize the required labor force and to facilitate its mobility so as to suit the round-the-clock mining operations and what else?

In my considered opinion, the above demands are certainly valid industrial disputes, and your management is legally bound to consider them.

Dear Baishaliamit, while I concur with Gupta, Jain, and Umakanthan, gentlemen, I wish to draw your attention to the definition of Industrial Dispute as enshrined in Sec.2(k) of the I.D. Act to clear your doubt whether it is an industrial dispute or not. This will help you understand even technically, and it reads as follows:

"Industrial Dispute Definition"

"(k) 'industrial dispute' means any dispute or difference between employers and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labor, of any person;"

Please critically read it, shifting your viewpoint for and against, comprehending the circumstances being conditions of labor and terms of employment, and then, I am sure, you will agree that it is an 'industrial dispute' and needs to be resolved amicably.

Regards,
T. Kishtaiah, Consultant.

Dear Seniors, thanks for the response. A special thanks to Couvery, Arunjain.Ncl, and [Email Removed For Privacy Reasons]. You have shared your learning from experience, which is quite beneficial to me. I will surely present these views to my higher-ups and try to sort out the issues raised by the Union.
Regards.

I appreciate these analytical views expressed. These welfare facilities are either expressed or implied in the working conditions in mining industries, which are situated in remote, inaccessible locations.

Warm regards.

Any failure by the employer in the non-implementation of welfare measures affecting the employees, though it is not connected with the employment taken over by the Registered Trade Union, leads to an industrial dispute. Therefore, such issues should be discussed across the table and resolved instead of escalating the matter into a dispute.