Disputes in general refers to conflicts or disagreements, however, in terms of Industrial Disputes it refers to conflicts or disagreements between employers and employees, usually concerning the conditions of employment.Any business where employees and management hold divergent opinions on pay, working conditions, and other employment-related matters is likely to experience these conflicts. In order to preserve workplace peace and guarantee that disagreements are settled fairly for both sides, conflict resolution procedures are essential.

INDUSTRIAL DISPUTED UNDER THE INDUSTRIAL DISPUTES ACT, 1947

Industrial Dispute is basically a conflict over employment-related matters between employees (or their representatives, such trade unions) and employers is known as an industrial dispute. These problems frequently center on wages and salaries, working conditions, job security, promotion policies etc. Many nations have laws governing labor disputes to make sure that disagreements are settled by formal processes rather than by direct action like lockouts or strikes.

As per Section 2(k) of the Act, Industrial Dispute refers to ‘any dispute or difference between employers and employers, or between employers and workman, or between workmen and workmen, which is connected with the employment or non- employment or the terms of the employment or with the conditions of labour of any person.”

In order to establish or proof (in layman’s terminology) there must be 3 categories to to fulfill that would consider that it qualified for dispute. They are- factum of dispute, subject matter of dispute and most importantly parties to the dispute. [Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate, 1958]¹

• FACTUM OF THE DISPUTE

As the name suggests, “factum” of dispute refers to the very existence of facts of the case. In this case of establishing an Industrial Dispute, the Factum of Dispute refers to the very existence of real and substantial difference of ideologies/ opinions/ reforms and minds between the employer and the employee/ workers having an element of persistence which can very well disturb the industrial peace of the community if actions/ resolutions aren't taken as soon as possible which is almost immediately. To be specific, the dispute so caused must be definite and related to the terms and conditions of employment and non-employment of the person.

• SUBJECT MATTER OF THE DISPUTE

As mentioned above, according to Section 2(k) of the Act, the Industrial Disputes must be connected to the following issues:

1. The employment or non- employment;
2. The terms and conditions of the employment;
3. The conditions of labour of any person.

If the dispute or the difference does not meet the aforementioned conditions, then it evidently does not fall under the ambit of Industrial Dispute. However, they may fight for the same, somewhere else.

• PARTIES TO THE DISPUTE

Section 2(k) of the Act, specifically describes 3 pairs of parties that are to be present in order to fall under the purview of Industrial Dispute.

1. Employer and employers
2. Employers and workmen;
3. Workmen and workmen.

WHY DO USUALLY INDUSTRIAL DISPUTES HAPPEN?

Economic Causes

If we briefly summarize the broader category of “Economic Causes” then there can be two narrower categories under which Economic Causes fall into consideration, They are- Demand for higher wages/ incentives and Demand for bonus. The eventual goal of workers working in various industries to earn a decent standard of living are only to meet ends and their economic requirements. When the workers are unsatisfied with the current wages that they are getting, there comes the demand to call for higher wages to the employer. On the contrary, unlike the employees’ / workers’ demands, the management’s sole motive is to increase the profit of the company and hence the said demands are often turned down without merits. There comes a scope of arising industrial dispute. The very notion of the conflict of interest creates a scuffle between

the two sides. Likewise, the demand for bonuses is yet another cause for industrial disputes in India.

Working Condition and Safety

Just like wages or incentives, good and safe working conditions as well as safety are yet another condition that is sort for by the workers/ employees. Safe working conditions precisely means proper maintained machinery to avoid accidents, installation of proper safety equipment, fire alarm etc. Working conditions also include services like canteens/ or food where workers can have food during lunch hours, clean and sanitized washrooms are also covered.

Concern for Leaves and Paid Leaves

It is often in the news that certain companies directly or indirectly “force” the workers to take leaves for avoiding certain circumstances or to ignore accidents that occurred in their surroundings, moreover, the worst part is, the workers’ wages are cut short for the number of days there were absent from work which again leads to disputes/ conflicts of interest between the two.

Wrongful Termination

With the very concept itself, it is quite obvious to have some of the MNCs or companies in mind who belief in the principle of “hire and fire”, on the face of it, it means there is absolutely no job security for the workers so hired. They are usually hired in the name of completing a “project” and once the project is complete, they’d be fired without any prior cause.

CONSEQUENCES OF INDUSTRIAL DISPUTES

Strike

Strikes are nothing but the workers’ way of protesting towards protecting their rights and interests. That usually occurs when the call for demands put forward by the workers/ employees are turned down or ignored by the employers. The very term Strike has been defined u/s 2(q) of the Act as “a cessation of work by a body of persons employed in any industry acting in combination or a concerned refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment”.

Lockout

This is yet another problem practiced by the employer that happens when there is a dispute between the employer and the employee where the employers usually close/ shut down the place of employment or factories or workplaces for a temporary period of time in order to sub consciously pressurize the workers to stop protests. Unless the protest has stopped, they would not re-open the said workplaces.

HOW ARE THESE DISPUTES SETTLED?

To cure the dispute/ industrial dispute finding the common point of resolution is the key and maintaining industrial peace is the quintessential requirement for the industry. If we follow the hierarchy of bodies those who will be considered straight from the ground level to the higher authority then this shall be the order.

Works Committee Conciliation Officer Board of Conciliation Courts of Enquiry Labour Courts Tribunal National Tribunal.

The aforementioned order has to be followed if a worker or a group of workers are seeking to find a plausible remedy in order to protect their rights and interests.

WHAT IS COLLECTIVE BARGAINING?

One of the best and most amicable way of settling disputes is via negotiation. The very practice of negotiation done between the employers and employees is called collective bargaining. Collective bargaining is the process of negotiation made between the representatives of employers and works to reach mutually to a solution based on the terms of employment and labour. In short, it can be said that it is a collective effort from both the parties to settle the issues/ disputes so arising out of the course of their employment.

ARBITRATION AND CONCILIATION

Arbitration and Conciliation have always been the best way to resolve the dispute alternatively. Usually and mostly Industrial Disputes are civil in nature, which can be compromised between the parties to restore peace and harmony among the parties and their fiduciary relationship. Likewise, it is on the conciliator's part to bring down both the parties together and negotiate based on their respective interests and issues against

each other. The sole concern behind this process is to eradicate further damage and differences between both the parties.

ADJUDICATION

In order to get a legally enforceable ruling, adjudication entails bringing the disagreement to a tribunal or labor court. When all else fails, this is frequently the last option. Although it takes a more official and juridical approach, it might cause extra expenses and delays.

UNFAIR LABOUR PRACTICES

Section 25U of the act punishes for those person who commit unfair labour practices with imprisonment which may extend up to six months or with fine which may extend one thousand rupees or both.

Now comes the question- what constitutes unfair labor practices? Actions taken by unions, employers, or workers that infringe upon the rights of any party under labor regulations are referred to as unfair labor practices. These actions damage workers' rights, disturb industrial relations, and upset the balance of power in the workplace by fostering an unfair or hostile atmosphere. Such a practice is called out to be unfair labour practice.

CONCLUSION

Any workplace where employers and employees have conflicting interests is certain to have industrial conflicts. However, appropriate conflict resolution procedures like arbitration, mediation, and negotiation can effectively handle these disagreements. Workers and management may cooperate to preserve industrial harmony by addressing the underlying causes of conflicts and guaranteeing free communication. Preventive actions, such equitable hiring procedures and employee involvement in decision-making, can also significantly reduce the likelihood of conflicts.

AUTHOR: Debashrita Manik. LLM, KIIT SCHOOL OF LAW

¹ https://indiankanoon.org/doc/1198151/