Professional Documents
Culture Documents
First Phase : During the first phase, the British Government in India
was largely interested in enforcing penalties for breach of contract and in
regulating the conditions of work with a view to minimising the
competitive advantages of indigenous employers against the British
employers. A series of legislative measures were adopted during the latter
half of the nineteenth century, which can be the beginning of industrial
relations in India.
The close of the First World War gave a new twist to the labour
policy, as it created certain social, economic and political conditions,
which raised new hopes among people for a new social order. There was
intense labour unrest because workers’ earnings did not keep pace with
the rising prices and with their aspirations. The establishment of ILO in 1919
greatly influenced the labour legislation and Industrial relations policy in
India. The emergence of trade unions in India, particularly the formation
of All India Trade Union Congress (AITUC) in 1920 was another significant
event in the history of industrial relations in our country.
Second Phase : The Policy after the First World War related to
improvement in the working conditions and provision of social security
benefits. It was a period of boom for employers. With rising prices, their
profits went up enormously. The wages of workers, however did not keep
pace with this tendency. Their economic distress brought together and an
organised working class movement began in the country resulting strikes
or lockouts. During this period, as a result of ILO influence, various laws
were enacted i.e. Workmen’s Compensation Act (1923), the Trade Unions
Act (1926) and the Trade Disputes Act (1917).
During the Second war, employers made enormous profits. The workers
demanded a share in them. Bonus and dearness allowance were granted
to them but as money wages did not increase in proportion to the rise in
prices. The years immediately following the war were the most disturbed
years from the point of view of the pattern of Industrial relations in India. In
1946 the Industrial Employment (Standing orders) Act and the Industrial
Disputes Act, 1947 provided for the settlement of disputes.
During the second five year plan period, certain norms, mechanisms and
practices were evolved which evolved which formulate the need based
minimum wage, wage boards, guidelines on rationalisation, code of
discipline, code of conduct, scheme for workers participation in
management.
1. Industrial relations are the relations, which are the outcome of the
“employment relationship” in an industrial enterprise. Without the
existence of two parties, the employer and the workmen such
relationship cannot exist.
1. In pre-independence India
State intervention in labour/ industrial relations had its beginning when the
British Government in India was constrained to protect its commercial
interests in this country. An ILO Publication observes : “ Far from protecting
the interests of labour, the earlier attempts to regulate labour consisted of
enactments such as the Assam Labour Act, the workmen’s Breach of
Contract Act, 1859, and the Employers’ and Workmen’s (Disputes) Act of
1860. These Acts aimed at protecting the social system against labour
rather than protecting labour against the social system.
2. In Post-Independence India
2. The second issue relates to the gaps that are occurring as a result of
the variations that occur in Central and State legislation as far as
labour matters are concerned. In India, labour falls under the
Concurrent List though NCL has made a recommendation for forming
a common labour code, which is yet to be adopted. Adoption of this
recommendation will go a long way in solving some of the problems
that India’s legislation process in facing.
5. It a bipartite process.
iv. The liberal and sympathetic attitude evident in the decisions of the
courts and legislative enactments have also favoured this expansion.
The representatives of the trade union and the employer negotiate and
arrive at a settlement, but given the industry-cum-region convention in
India, such national level agreements are few. At some tripartite
conferences convened by the Government of India, certain specific
issues have been negotiated and contracted e.g. the Agreement to
Rationalise Work Practices and manning and related issues, concluded in
1951 between labour unions (INTUC) and management. The other
agreement was the 1956 agreement on bonus for plantation workers
between the representatives of the Indian Tea Planters Association, Indian
Association and representatives of HMS.
Ans. There are two types of arbitration: (i) Voluntary arbitration (ii)
Compulsory arbitration
Q7 (b) Explain the procedure laid down under Minimum Wages Act, 1948 for
fixation and revision of minimum rates of wages.
Ans. Section 5: Procedure for fixing and revising minimum rates of wages
Section 9:
Composition of committees etc. each of the committees and the
advisory board shall consist of persons to be nominated by the
appropriate government representing employers and employees in the
The Indian Labour Conference (held in Madras in July 1959) laid down
model principles for reference of disputes to adjudication. The Central
Industrial Relations Machinery is to take these principles into consideration
before recommending adjudication. These principles were:
iv) The Government may refer the dispute or any matter appearing to
be connected therewith or relevant to the dispute, whether it
relates to any matter specified in the Second Schedule or the Third
Schedule, to a tribunal for adjudication:
Immediate Superior
Dept. Head
Grievance Committee
Voluntary arbitration
Ans. This Act aims at providing a simpler formula for the payment of bonus to
persons employed in certain establishment on the basis of profits or on the
basis of production or productivity, so that disputes on this account are
minimised. It extends to the whole of India, and is applicable to every
factory as defined under the Factories Act and every other establishment
in which 20 or more persons are employed on any day during a year. The
Government can, however, extend this Act and make it applicable to
establishments employing between 10 and 20 workers. It covers all workers
including supervisors, managers, administrators etc. employed on a salary
or wages not exceeding Rs.3500 per month. The salary or wage of a
worker includes basic wage and dearness allowance only. The Act,
however, is not applicable to apprentices, and it excludes employees in
an establishment and in an industry carried on by or under the authority of
an department of the Central Government or State government. Nothing
in this Act applies to an establishment in the public sector if in any
accounting year, it sells any goods manufactured or produced by it or
renders any services in competition with an establishment in the private
sector, and income from such sale of goods or services rendered, or both,
is less than 20 percent of its gross income for that year.
In the case of new establishment bonus is not payable during the first five
accounting years following the accounting year in which the employer
sells goods. For the accounting year in which the employer derives profit
from such establishment, bonus for this year is to be calculated in
accordance with the provisions of this Act in relation to the year, but
without applying the provision regarding set on and set off.
The insured persons and their dependents shall be entitled to the following
benefits, namely;
Benefits
iii. Net assets of the Employees’ Family Pension Fund Scheme 1971, will
vest in and stand transferred to the Employees’ Pension Fund.
In Industries where employers’ contribution is 10%, the excess of 1.67%
limited to pay Rs.5000 will have to be remitted to the Employees’
Provident fund.
Ans. Section 2 (k) of the Industrial Dispute Act, 1947, defines Industrial dispute
means any dispute or difference between employers and employers or
between employers and workman, or between workman and workman.
Which is connected with the employment or non- employment or the
terms of employment or with the conditions of labour of any person.