Legal Framework of Industrial Relations

LEGAL FRAMEWORK OF IR
VARIOUS MACHINERIES TO TACKLE INDUSRIAL

DISPUTES
Statutory machinery
and
Voluntary machinery
STATUTORY MACHINERY
1. Work Committee (where 100 and more workers are employed )

• govt may require the employer to set up
work committee
• composed of equal number of
representative of workers and
management
• to preserve amity and establish cordial
relations
• is purely consultative body
2. Conciliation Officer
• appointed for specific area or specified
industries
• mediate in and promote the settlement of
industrial disputes.
• Where industrial disputes exists or is
apprehended - conciliation officer shall hold
conciliation proceedings
• he cannot take decision - send report of
settlement to his government
• Duty of the conciliation officer is administrative
and not judicial in nature.
• If the agreement is reached by the parties, it is
binding on both the parties.
3. Board of Conciliation
• Govt may notify constitution of board of
conciliation
• for promoting settlement of an
industrial dispute
• Its role is also consultative.
4. Court of Enquiry
• government may constitute a court of
enquiry
• object is to enquire into and reveal the
causes of an industrial dispute.
• Comparison bet board of conciliation &
court of enquiry
5. Adjudication
• The ID Act provides three tier system of
adjudication of industrial dispute.
• cases either may be referred by government
to court after the receipt of failure report form
conciliation officer or directly by any party.
• a. Labour Courts : Legality of order,
Application and interpretation , Discharge and
dismissal of workman, Withdrawal of any
customary , Illegality or otherwise of a strike or
lock out,
• b) Industrial Tribunals
– All matters within jurisdiction of labour
courts,
– wages,
– compensatory and other allowances,
– hours of work and rest intervals,
– leave with wages and holidays,
– bonus, provident fund and gratuity,
– working shifts,
– classification of grades,
– rules of discipline, and
– Retrenchment and closure of establishment.
• c) National Tribunal
• Constitute when more than one state is
affected by such dispute and matters
related to functioning of labour and
industrial courts.
6. Voluntary Abstraction
• It is voluntary method of resolving
individual disputes
• Here both parties are willing to go to an
arbitrator and submit to his decision.
• arbitrators can be one or even more than
one.
7. Grievance settlement authority
• It is to be setup by the enterprises where 50 or
more workers are employed
• setting of individual grievances of employees,
8. Appointment of Welfare Officer
9. employer lay down terms and condition of
employments
10. Central industrial relations machinery consists
of the Chief Labour Commissioner and Regional
Labour Commissions together with labour
enforcement officers. The machineries has
regional offices. Their main functions are:
• i. prevention, investigation and settlement of
industrial disputes in industries, or enforcement
of labour laws and awards,
• ii. Verification of union membership, and fixation
of minimum wages, etc
• ensures implementation of code of discipline,
labour laws, awards and settlements, takes
preventive action
• evaluates major strikes and lockouts, evaluates
labour laws and policy decisions and suggests
measures to improve them.
VOLUNTARY MACHINERY
• based on code of discipline announced in

1958.
Code of Discipline, 1958
It contains matters:
• Labour and Management agree,
• Management agree,
• Union agree,
• Arbitration procedure
• Model grievance procedure
Tripartite Bodies
• Indian Labour Conference,
• Standing Labour Committee,
• Industrial Committee, and
• Tripartite Committee on International
Labour Organisation Convention, 1954
CODE OF DISCIPLINE IN
INDUSTRY
1. To maintain discipline in industry -
there has to be:
• a just recognition by employers and
workers
• a proper and willing discharge by either
party
2. Management and Unions agree
• that no unilateral action should be taken
• existing machinery for the settlement of
disputes should be utilized
• that there should be no strike or lockout
without notice
• that affirming their faith in democratic
principles
• that neither all have recourse to: coercion,
intimidation, victimization
• that they will avoid: litigation, sit-down
and stay-in-strikes, and lockouts;
• that they will promote constructive
cooperation
• will establish upon a mutually agreed
basis a grievance procedure
• will educate the management personnel
and workers
3. Management Agrees
• not to increase workloads unless
agreed upon
• not to support or encourage any unfair
labour practices
• to display this code in local languages
• take appropriate action against its
officers and members
• to recognize the union in accordance
the proper criteria
4. Unions Agree
–not to encourage any form of physical force;
–not to permit demonstration of which is not peaceful
–not to permit their members to engage in union
activities during working hours
–to discourage unfair labour practices, such as
–negligence of duty,
–careless operation, damage to property
–disturbance to normal work
–to take prompt action to implement award, agreement
–to display this code in union office
–to take action against office bearers and members

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LEGAL FRAMEWORK OF IR

VARIOUS MACHINERIES TO TACKLE INDUSRIAL

1. Work Committee (where 100 and more workers are employed )

• based on code of discipline announced in

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