Industrial Relations – FAQs: Source: The Ministry of
Labour, Government of India
Industrial Relations- FAQs
Q1. What are Industrial Disputes?
Industrial Dispute means any dispute or differences between
employers and employers or between
employers and workmen or between workmen and workmen which
is connected with the employment
or non-employment or the terms of employment or with the
conditions of labour of any person
Q2. What are the different categories of Industrial
Disputes?
The Second Schedule of the I.D. Act deals with matters
within the jurisdiction of Labour Courts which
fall under the category of Rights Disputes. Such disputes are as follows:
The propriety or legality of an order passed by an employer
under the standing orders;
The application and interpretation of standing orders which
regulate conditions of employment.
Discharge or dismissal of workmen including reinstatement
of, or grant of relief to, workmen
wrongfully dismissed;
Withdrawal of any customary concession or privilege;
Illegality or otherwise of a strike or lock-out; and
All matters other than those specified in the Third
Schedule.
The Third Schedule of the I.D. Act deals with matters within
the jurisdiction of Industrial Tribunals which
could be classified as Interest Disputes. These are as follows:-
Wages, including the period and mode of payment;
Compensatory and other allowances;
Hours of work and rest intervals;
Leave with wages and holidays;
Bonus, profit sharing, provident fund and gratuity;
Shift working otherwise than in accordance with standing
orders;
Classification by grades;
Rules of discipline;
Rationalization;Retrenchment of workmen and closure of
establishment; and
Any other matter that may be prescribed.
Q3. Who can raise an Industrial Dispute?
Any person who is a
workman employed in an industry can raise an industrial dispute. A workman
includes any person (including an apprentice) employed in an
industry to do manual, unskilled, skilled,
technical, operational, clerical or supervisory work for
hire or reward. It excludes those
employed in the
Army, Navy, and Air Force and in the police service, in
managerial or administrative capacity.
Industry
means any business, trade, undertaking, manufacture or
calling of employers and includes any calling,
service, employment, handicraft, or industrial occupation or
avocation of workmen.
Q4. How to raise an Industrial Dispute?
A workman can raise a dispute directly before a Conciliation
Officer in the case of discharge, dismissal,
retrenchment or any form of termination of service. In all other cases listed at 2 above, the
dispute has
to be raised by a Union / Management.
Q5. Who are Conciliation Officers and what do they do?
The Organization of the Chief Labour Commissioner (Central)
acts as the primary conciliatory agency in
the Central Government for industrial disputes. There are the Regional Labour Commissioners
(Central)
and Assistant Labour Commissioners (Central) who on behalf
of the Chief Labour Commissioner (Central)
act as Conciliatory Officers in different parts of the
country. The Conciliation Officer makes efforts to
resolve the dispute through settlement between the workmen
and the management. The duties of
Conciliation Officers have been laid down under Section 12
of the Industrial Disputes Act.
Q6. What happens if conciliation fails?
In case of failure of conciliation (FOC) a report is sent to
Government (IR Desks in Ministry of
Labour).
The Ministry of
Labour after considering the FOC Report exercises the powers available to it
under
Section 10 of the Industrial Disputes Act and either refers
the dispute for adjudication or refuses to do
so. Details of
functions of IR Desks and reasons for declining may be seen above.There are at
present 17 Central Government Industrial Tribunals-cum-Labour Courts in
different parts
of the country to whom industrial disputes could be referred
for adjudication. These CGTIs-cumLabour Courts are at New Delhi,
Mumbai (2 CGITs), Bangalore, Kolkata, Asansol, Dhanbad (2 CGITs),
Jabalpur, Chandigarh, Kanpur, Jaipur, Lucknow, Nagpur,
Hyderabad, Chennai and Bhubaneshwar. Out
of these CGITs,
2 CGITs namely Mumbai-I and Kolkata have been declared as National Industrial
Tribunals.
Q7. What happens
when the dispute is referred to Labour Court?
After the matter is referred to any of the CGIT-cum-Labour
Court, the adjudication process begins.
At
the end of the proceedings an Award is given by the
Presiding Officer. The Ministry of
Labour under
Section 17 of the I.D. Act publishes the Award in the
Official Gazette within a period of 30 days from the
date of receipt of the Award.
Q8. How is the Award implemented?
An Award becomes enforceable on the expiry of 30 days from
the date of its publication in the Official
Gazette. The Regional
Labour Commissioner is the implementing authority of the Awards.
Q9. What are the provisions for General Prohibition of
Strikes and Lockouts?
No workman who is employed in any industrial establishment
shall go on strike in breach of contract
and no employer of any such workman shall declare a lockout:
(a) During the pendency of conciliation proceedings before a
Board and seven days after the
conclusion of such proceedings,
(b) During the pendency of such proceedings before a Labour Court, Tribunal or National Tribunal
and 2 months after the conclusion of such proceedings.
(c) During the pendency of arbitration proceedings before an
Arbitrator and 2 months after the
conclusion of such proceedings, where a notification has
been issued.
(d) During any period during in which a settlement or Award
is in operation in respect of any of the
matters covered by the settlement of Award.Q10. Does the workman
have the Right to go on strike with proper notice in Public Utility Services?
No person employed in a Public Utility Service can go on
strike without giving to the employer notice of
strike;
Within 6 weeks before striking.
Within 14 days of giving such notice.
Before the expiry of the date of strike specified in such
notice.
During the pendency
of any conciliation proceedings before a Conciliation Officer and 7 days
after the conclusion of such proceedings.
Q11. Does the Employer have the right to lock out any Public
Utility Service?
No employer carrying on any Public Utility service can
lockout any of his workman:
Without giving to them notice of lockout provided within 6
weeks before locking out.
Within 14 days of giving such notice.
Before expiry of the date of lockout specified in any such
notice.
During the pendency
of any conciliation proceedings before a Conciliation Officer and 7 days
after the conclusion of such proceedings.
Q12. What compensation will a workman get when laid off?
Whenever a workman (other than a badli workman or a casual
workman) whose name is borne on the
muster rolls of an industrial establishment employing 50 or
more workmen on an average working day
and who has completed
not less than one year of continuous service under an employer laid off,
whether continuously or intermittently, he is to be paid by
the employer for all days during which he is
so laid off, except for such weekly holidays as may
intervene, compensation which shall be equal to fifty
per cent of the total of the basic wages and dearness
allowance that would have been payable to him
had he not been so laid-off.Q13. What are the conditions precedents to
retrenchment of workmen?
No workmen employed in any industry that has been in continuous
service for not less than one year
under an employer can be retrenched by that employer until:
The workman has to be given one month’s notice in writing
indicating the reasons for
retrenchment or the workman has to be paid in lieu of such
notice, wages for the period of the
notice.
The workman has to be paid, at the time of retrenchment,
compensation which is equivalent to
fifteen days’ average pay (for every completed year of
continuous service) or any part thereof
in excess of six months; and
Notice in the prescribed manner is to be served on the
appropriate Government (or such
authority as may be specified by the appropriate Government
by notification in the Official
Gazette).
Q14. What compensation will the workman get when an
undertaking closes down?
Where an undertaking is closed down for any reason
whatsoever, every workman who has been in
continuous service for not less than one year in that
undertaking immediately before such
closure is
entitled to notice and compensation in accordance with the
provisions as if the workman had been
retrenched. Provided that where the undertaking is closed
down on account of unavoidable
circumstances beyond the control of the employer, the
compensation to be paid to the workman is not
to exceed his average pay for three months.
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