Page 201 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes and if no decision is arrived at this stage, both the union and management may refer the
grievance to voluntary arbitration within a week of the receipt of the management's decision.
The worker in actual practice may not resort to all the above mentioned steps. For example, if
the grievance is because of his dismissal or discharge he can resort to the second step directly
and he can make an appeal against dismissal or discharge.
7.8.4 Redressal of Grievances (ROG)

Nair and Nair state that in the Indian context, certain guidelines were evolved in formulating
grievance-handling procedures in different types of organisations-small, big, unionised, and
non-unionised.
According to Nair and Nair, grievance-handling procedures can be broadly classified as 3-step,
4-step or 5-step, The details are tabulated in the following table. One of the prominent features
of the procedure suggested by Nair and Nair is the intervention of Grievance Committees in the
5-step procedure, which works in the Indian context. This committee consists of:
1. In unionised context, two nominees each from the management and the union (1 union
representative should be from the same department as the aggrieved employee).

2. In a non-unionised set up, two representatives from the management, representative in
the Works Secretary/Vice President of the 'Works Committee.'

Table 7.1: Comparison of ROG Procedure

Steps 3-Step Procedure 4-Step Procedure 5-Step Procedure
No.1 Worker with shop Rep. of Worker with shop Rep. of Worker with shop Rep. of union
union vs. Shop Supervisor union vs. Shop Supervisor vs. Shop Supervisor
No.2 Union Re. of Plant vs. G.M. Work Committee vs. Union Re. of Plant vs. Manager
or Owner Manager - R.R.
No.3 Arbitration by Local Union Leaders vs. Grievances Committee vs.
independent Authority Chief Executive Director (Panda)
No.4 Arbitration Regional Re. Union vs. Chief
Executive
No.5 Arbitration

Source: Nair and Nair
Grievance Management in Indian Industry

At present, there are three legislations dealing with grievances of employees working in
industries. The Industrial Employment (Standing Orders) Act, 1946, requires that every
establishment employing 100 or more workers should frame standing orders. These should
contain, among other things, a provision for redressal of grievances of workers against unfair
treatment and wrongful actions by the employer or his agents. The Factories Act, 1948, provides
for the appointment of a Welfare Officer in every factory ordinarily employing 500 or more
workers. These Welfare officers also look after complaints and grievances of workers. They will
look after proper implementation of the existing labour legislation. Besides, individual disputes
relating to discharge, dismissal or retrenchment can be taken up for relief under the Industrial
Disputes Act, 1947, amended in 1965.
However, the existing labour legislation is not being implemented properly by employers.
There is a lack of fairness on their part. Welfare officers have also not been keen on protecting
the interests of workers in the organised sector. In certain cases, they are playing a dual role. It

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