Types of disputes, IDA 1947

TYPES OF DISPUTES UNDER INDUSTRIAL DISPUTES ACT, 1947

INTRODUCTION

Industrial disputes act 1947, has an important objective of removing the conflicts between, Employer vs Employer, Employer vs Workmen, Workmen vs Workmen. Also defining the type of disputes, process of doing Strikes & Lock-outs, Layoff & Retrenchment. Procedures of running the industry in smooth manner, penalties, financial aids, avoiding un-lawful labour practices, types of authorities, items added in schedules.

Important terms

Disputes by Employers:

Lockouts, Layoffs, Retrenchment

Disputes by Employees (or Boycott):

Strikes, Picketing, Gherao

Disputes between:

Employer vs Employer

Employer vs Workmen

Workmen vs Workmen

Authorities:

Conciliation officer

Boards

Courts

Tribunals

Great Warrior Karna defeated by Arjuna, Shalya who is the charioteer of Karna refused to check the wheel of chariot, hence great strike refusal of duty conducted in Mahabharata, which lead to defeat to the son of Suryaputra and Kunti.

Great Bombay Mill strike which led to the revolution of creating the Labour laws, including Industrial Dispute act 1947

History

Ever since during ancient ages, employees with employers has smooth relations. Employees want to serve their employer (master) whatever the situation may arise. Employer or Master will be always ahead to resolve the conflict before even it arises. Way of life embedded with this relations.

Types of employment in ancient India

India has employment mostly with the agriculture, this agrarian type of society taught its every citizen about the habits of cultivation, science of farming, animal husbandry etc.,

Even though there are practices of slavery, employees enjoyed their work under the leadership of employers.

Also Employers become protectors of their own employees. Either employees got the huge loan from employer and working until its clearance, else working for daily wages (coolie).

There are accounts about the Varnashram has been followed according to their Varna, but dignity of labour is always appreciated in India.

---------------------------------------------------------------cost of which will be borne by the employee”

“The employer has the right to disqualify the work, for the purpose of calculating the wages due, which is not done at the right time or place or in the right way.”

By Kautilya in Arthashastra

Disputes in Medieval period

There are no perfect accounts on particular to labour disputes during the medieval period. Employees fanaticized their employers or masters. Being in one house they made their leaders great. Also giving their 100% to their masters, taxes has been paid to their masters accordingly.

Disputes in Moghul Period

During Moghul period, slavery has been continued, even though there is a harmony in a caste system, through religious differences there are many disputes has been arised and started. Ruling class started depressing the wages, but tolerant attitude towards labour was increased. Due to major trades, people started practicing different skills like manufacturing clothes, dyeing, printing, copper works etc.,

It is common affair that there is a delayed payments to workers, paying the salaries through providing their old clothes, only basic rates seems always fixed money,

Different types of labours in Mughal India, Women assisting in cultivation, men doing agriculture, artisan, weaving etc.,

Vedic Accounts

Sources from vedic through ancient India, we get it from Svamipala Vivada (Employer-Employee disputes), Abhupetyaasurusa (Breach of service), Manusmriti (Division of labour) etc.,