Parameters & Classification of Industrial Disputes

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What is an Industrial Dispute?

For a dispute to become an industrial dispute, the following parameters have to be met:

1. The dispute must be between:

a. Employers and employers.

b. Employers and labor.

c. Labor and labor.

2. It should be in relation to employment, non-employment, terms of employment, with the conditions of labor (except managers and supervisors), or must pertain to any industrial matter.

3. The workman shouldn't have an income over Rs 1600 per month.

4. There should be a valid and contractual relation between the employer and the employee. Furthermore, the employee must be employee at the time of the dispute.

Classifications of Disputes:

1. Conflict of Interest:

These conflicts arise due to disagreements in level of income, fringe benefits, job security, and/or other terms and conditions of employment. Dispute can be resolved on conciliation by compromising.

2. Grievance or Rights Disputes:

Also known as conflict of rights disputes, they occur due to general disagreements like: discipline, dismissal, payment of wages, overtime, time off entitlements, demotion, transfer, etc. Dispute can be resolved in labor courts and tribunals.

3. Disputes involving unfair labor practices:

This type of dispute occurs when Trade union members face discrimination. Unfair labor practices include: interference, restraint or coercion of employees, refusal to collective bargaining, recruitment of workmen during legal strikes, failure to implement awards, acts of violence, etc. Resolution occurs by rules laid down by the MRTU & PULP Act in the state of Maharashtra, or following the rules of the Industrial Dispute Act.

Additional Readings:

1. Definition and Evolution of Industrial Relations
2. Concept, Scope and Objectives of Industrial Relations
3. Conceptual Model for understanding Industrial Relations
4. Labor National Commission and Industrial Relations Policy - 1969
5. Industrial Dispute
6. Indian Industrial Dispute Act of 1947
7. Parameters and Classification of Industrial Disputes
8. Types of Industrial Strikes
9. Tripartite and Bipartite Bodies, and Industrial Settlement
10. Definition of "Mediation" and "Conciliation"

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