2What is Industrial Relation? There is no unanimity as to the meaning and scope of Industrial Relations, since different terms such as labour management Relations, Employer & Employee Relations, Union & Management Relations, personnel Relations, Human Relation etc are in use or used. In its strictest sense, the term “Industrial Relation” Means the relationship between Management & Workmen in an unit or an Establishment or an Industry. In wider sense, it means the relationship between the workers & Management union & workers and Union and management in an Industry.
3The four main parties who are actively associated with any industrial relationssystem are the Managements Workmen,theOrganisation of managements,workmen,workmen and the state. Fundamentally ,theterm industrial relation Refers to anorganised relationship between twoorganised parties representing employersand employees regarding matters ofcollective interest.
4Objectives and Aims Apart from the primary objective of bringing about sound and healthy relations betweenemployers and employees, Industrialrelation aims1. To facilitate production and productivity2. To safe guard the rights and interests of both labour and management by enlisting their co- operation.3. To achieve a sound, harmonious and mutual beneficial Labour - Management relations.
54.To avoid unhealthy atmosphere in the industry especially work Stoppage , go slows, gheraos, Strikes, lockouts etc5.To establish and maintain industrial democracy.The problem posed in the field of IndustrialRelations cannot be solved within the limitsof a single discipline and hence it is boundto be inter-disciplinary approach.
6Grievance Function in Industrial Relations There is hardly a company where the employees do not have grievance of one kind or other. A grievance produces unhappiness, discontent, indifference, low morale, frustration etc. Ultimately it affects employees’ concentration, efficiency and productivity. A large number of work stoppage, shop floor incidents and strike could be attributed to the faulty handling of grievances. Prompt and effective handling of grievances is the key to industrial peace.
7Grievance is a rust on human relations Grievance is a rust on human relations. Grievance can be conceived in several stages. Dissatisfaction may or may not articulated. When it takes some shape and brought to the notice of some authority then it is seen as complaint. A Compliant is a formal representation of a grievance. An individual grievance if not settled under the Grievance process it assumes the form of an Industrial disputes and attracts disputes settlement provisions. Basically grievance is a complaint of one or more workers covering such areas of wages, allowances, conditions of work, over time, leave, transfer, promotion, etc
8Informal and formal presentation of grievance have their advantages and disadvantages. Informal less important, less attention etc. Formal gets more serious attention.Grievance must be settled as early as possible to the point of origin and on merit only. Hasty actions without properly ascertaining facts helps to aggregate the situation hence it is better only to have a systematic grievance redressal procedure which would (i) be simple, fair and easy to understand (ii) encourage employees to put forth their grievance (iii) function promptly and expediously (iv) gain employees confidence and (v) promote healthy relations between employees and the company.
9Discipline function in Industrial Relations In any industry, discipline is an useful tool for developing, Improving and stabilizing the personality of workers. Industrial discipline is essential for smooth running of an organization, for increasing production and productivity for maintenance of Industrial peace.
10Dictionary meaning of Discipline 1.First it is the training that corrects, moulds, strengthens or perfects individual behaviour.2.It is control gained by enforcing obedience.3.It is punishment.Discipline is the force that prompts an individualor a group to observe/adhere rules, regulations andprocedures which are deemed to be necessary tothe attainment of an objective.
11Aims and Objectives of discipline The main Aims and Objectives of discipline are1.To obtain willing acceptance of rules,regulations and procedures of anorganization so that organizationalobjectives can be attained.2.To develop among employees a spirit oftolerance and a desire to make adjustments.3.To give and seek directions andresponsibilities.
124.To create an atmosphere of respect of human personality and human relations.5.To increase the working efficiency andmorale of employees.6. To impart an element of certainty despite several differences in informal behaviours patterns and other related changes in an organization.Disciplinary actions have serious repercussionson the employees and on the industry andtherefore must be based on certain principles inorder to be fair, just, and acceptable to theemployees and their Union.
13Indiscipline often arises from frustration and absence of a service of responsibility. Thecause of indiscipline among workers areseveral and varied and can often be traced totheir ignorance and illiteracy, non-adherenceto the industrial culture, no-redressal ofgrievance, lack of commitment of worker,absence of occupational status, low wages,unfair labour practice, bad working conditionsand lack of effective management practiceetc.
14Discipline is a two way traffic and reach of discipline as the part of either party inindustry will cause unrest. The concept ofpositive discipline promotion aims at thegeneration of a sense of self discipline anddisciplined behaviour in all human beingsin a dynamic organizational setting insteadof discipline improved by force orpunishment. In brief, the approach to thedisciplinary action in most cases should becorrective rather than punitive.
15Industrial Relational Machinery Conciliation :The conciliation Officer is appointed byGovernment. He is charged with duty ofmediating in and promoting settlement ofindustrial disputes.Sometimes Governmentmay also constitute a Board of Conciliationfor promoting the settlement of Industrialdisputes. It consists of independentChairman and two or four other members
16representing the parties to disputes.While conciliation is compulsory in all publicutility service and optional in non-publicutility service. In conciliation, the ultimatedecision rests with the parties themselvesbut the conciliation may offer a solution tothe dispute acceptable to both the partiesand serve as a channel of communication.The parties may accept his recommendationfor settlement of any dispute or rejectaltogether. If conciliation fails, the next
17stage may be compulsory adjudication or the parties may be left to other own choice.They have no power to decide the disputesor ass a final or binding order on parties.In case where a settlement is arrived at,they can record the settlement andincase of failure of a conciliationnegotiations, they can only send a failurereport to appropriate government. Theconcerned authority after scrutinizing thefailure report and
18the confidential note submitted by the conciliation officer may refer or refuseto refer the dispute to the IndustrialTribunal or Labour Court as the casemay be for adjudication. If the Partiesat the time of Conciliation proceedingso desires the Industrial dispute isreferred for voluntary arbitration tothe persons unanimously agreed bythem.
192. Adjudication : The Govt. generally refer an Industrial dispute for adjudication on failure of conciliationproceedings. Adjudication means a mandatorysettlement of industrial disputes by LabourCourts or Industrial Tribunals or NationalTribunals under the Industrial Disputes Act. Byand large, the ultimate legal remedy for thesettlement of an unsolved dispute is itsreference to adjudication by the appropriateGovt. This reference of dispute for adjudicationis also at the discretion of the Govt.
203. Voluntary Arbitration Voluntary arbitration is one of therecognized and democratic waysfor settling Industrial disputes. Itis to be borne in mind that goodindustrial relations are a mixtureof idealism and realism.
21Trade Union and Industrial Relations Functions 1.To secure for workers fair wages.2.To safeguard security of tenure andImprove conditions of service3.To enlarge opportunities for promotion and training.4.To improve working condition and timingcondition.
225.To provide for educational, cultural and recreational facilities. 6.To promote identity of interests of the workers within their industry.7.To offer responsive co-operation in improving levels of production and productivity discipline.8.To promote individual and collective welfare.
23Collective Bargaining Collective bargaining is the process of jointdecision making and basically represents ademocratic way of life in an Industry. Itestablishes a culture of bipartition and jointconsultation in industry and a flexiblemethod of adjustment to economic andtechnical charges. In an industry. It helpsin establishing industrial peace withoutdisrupting either the existing arrangementsor the production activities.
24Legal frame works – Labour constitution Constitution of India – RightsDirective principles - Though not enforceablein Court, it shall beduty of State toprotect the interest ofthe Citizen.Labour – Concurrent List – Centre & StateCentre rules would prevail upon State rules
25In I.D. Act there is no provision for providing any review, revision or appealsagainst actions, orders or awards ofauthority. Section 17(2) of the I.D. Actmakes the award of the adjudicationauthorities as final. The only remedy isthat aggravated party can resort toconstitution remedies, namely, writunder Articles 32, 226 & 227 and appealsunder Articles 133 and 134 of theConstitutional of India.
26Disciplinary Proceedings in Industry An enquiry held by the Management againstits employees for certain acts of allegedmisconduct is called a “Domestic Enquiry “ or“Departmental Enquiry”Framing and issuing of charge sheet.Service of charge sheet.Enquiry Proceedings.Findings.
275. Decisionsa). Warningb). Finec). Withholding or stoppage ofincrements.d). Demotion or reduction in rank.e). Suspensionf). Dischargeg). Dismissal6. Service of order.