Page 237 - DMGT406_HUMAN_RESOURCE_MANAGEMENT

Human Resource Management

Notes trade union is a body corporate with perpetual entity under a common seal. From the HR
manager's point of view, it is essential to invite registered trade unions of the unit only for
collective bargaining and also form participative forums like works committee, etc., from their
nominated representative.

The Industrial Disputes Act, 1947

The Industrial Disputes Act, 1947 primarily regulates industrial relations in India. The Act
provides a machinery and procedure for settlement of industrial disputes by negotiation, without
resorting to strikes and lockouts. The scope of the Act extends to the whole of India for every
industrial establishment carrying on any business, trade, irrespective of the number of people
employed. A tentative list of disputes, covered under this Act is reproduced below:
1. The propriety or legality of standing orders
2. Discharge or dismissal
3. Matters pertaining to reinstatement or grant of relief for wrongful dismissal

4. Matters pertaining to withdrawal of any concession or privilege
5. Matters pertaining to strike or lockout
6. Payment of wages, including periodicity and mode of payment
7. Leave and hours of work
8. Holidays
9. Bonus
10. Retirement benefits

11. Discipline
12. Non-implementation of award, etc.
Industrial Employment (Standing Orders) Act, 1946

This Act requires employers to clarify conditions of employment so as to enable the workmen
(employed by them) to understand the rules of conduct pertaining to working hours, holidays,
attendance, leave, termination of employment, suspension or dismissal, misconduct, etc. The
Act is applicable to industrial establishments, employing 100 or more workmen. Under this Act,
employers are required to submit a draft of standing orders to the certifying officer for
certification.

Task Collect some examples (from industrial disputes records) where political patronage
has been used to exploit the legal system and build up a union from scratch.

The Protective Labour Legislations

Under this category come those legislations whose primary purpose is to protect labour standards
and to improve the working conditions. Laws laying down the minimum labour standards in
the areas of hours of work, supply, employment of children and women, etc. in the factories,
mines, plantations, transport, shops and other establishments are included in this category.
Some of these are the following:

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