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CHAPTER-7

SUMMARY, CONCLUSIONS AND SUGGESTIONS

7.1.1 Origin and Development of Trade Unions

Labour and Management relations are a dynamic socio economic

problem in the process to resolve in any country of the world today. The

employers and the employees are systematically and constantly strive to

improve their values and work towards increasing production. A good

labour management relationship affords higher production providing for the

survival of the society. With a view to meet every situation in labour-

management relations the Labour Laws are sought to evolve a rational

synthesis between conflicting flames of the management and employees.

The labour-management examines the merits of the rival claims or

contentions and seeks to resolve the conflict by evolving the solutions

without summoning any injustice to the employers and solves the legitimate

claims of the employees. Therefore, the Labour Law seeks to regulate

relations between managements, trade unions and employees. The subject

of Labour Law and its access is wider than any other law, since it is related

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to the line of many employees and the economy of the country consumers

and employers as well.

The origin, growth and development of Trade Union Freedom are

determined by multiple concomitant factors and it is not feasible to isolate a

single factor from the rest in the context of the reluctant dynamics. In order

to have a scientific and rational study of the trade union freedom in India, it

is rather imperative to investigate and enquire into various economic,

political and legal situations available in some major countries where trade

union freedom has now become an integral part of the national main

stream.

Trade Unions play an important role in the settlement of industrial

disputes. The trade unions of employees and employers bargain collectively

in solving the grievances of the industrial workers. The workers’ union or

association as well as employers union have to be registered under the

Indian Trade Union’s Act, 1926 and under the existing law the expression

“Trade Union” includes both employers and workers organizations.

The Trade Union Movement in India has passed through the similar

conditions after the advent of factory system in India.

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The 1881 Act proved highly inadequate provisions regarding

protection to child labour devoid of any regulations for women labour.

Consequently, another Factory Commission was appointed in 1884. This

was the beginning of modern Trade Union Movement in India.

The period between 1931 and 1946 was considered to be an

important period when the employer organizations played an important role

in tackling the problems of the workers. Organizing Chambers of

Commerce and Industrial Associations for dealing with a variety of

problems connected with the labour matters too. The All India Organization

of Industrial Employers (AIOIE) and the Employers Federation of India

(EFI) came into existence in 1933 to comprehend and deal with the

problems of industrial labour in a concerted manner.

The All–India Manufacturers Organization (AIMO) followed in

1941. After the independence of India, the trade union movement became

very weak, internally divided and highly politicized. The workers got trade

union right to organize and to secure the settlement of industrial disputes

through industrial relation machinery as it existed and political right to

influence Government through tripartite at forums. Upto May 1947, All

India Trade Union Congress (AITUC) was the only and the principal

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central federation of Indian workers under the domination and patternize of

Indian National Congress and the AITUC did not toe the line of Congress

Party. In May, 1947 the INTUC with seasoned trade union leaders like Sri

Kandhu Bhai Desai, Sri Hariharnath Sastry and Sri Guljarilal Nanda, was

formed based on ideologically on the Gandian Philosophy of the Non–

Violence and resolution of disputes by peaceful means.

Trade Union which has been defined in the Industrial Disputes Act,

1947 includes Trade Union as well as Federation. Petitioners unions in

which the workmen are members and affiliated to the federation working in

the field in which the class of industry, the workmen are involved.

Therefore the petitioner union is competent to espouse the cause of the

workmen.

7.1.2. Role of Law Relating to Industrial Disputes

The Industrial Disputes Act, came into existence in the year 1947.

the term ‘Industry’ has been defined under sec 2(j) of the Act. This

particular definition has undergone interpretative process for more than

hundred times. The activities ranging from hair cutter’s saloons to those of

the educational as well as religious institutions have been included in its

periphery by the “interpretative technology”. The comparison of the

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decided cases also has added into confusion. The Supreme Court tried for

minimizing this confusion by laying down ‘triple test’ in Bangalore Water

Supply Case and in this also all the judges empathetically demanded for

the reform of the definition of ‘Industry’. In the year 1982, the amendment

was made in the definition of ‘Industry’ but for one or the other reason, it

was not bought into operation.

As regards Industrial Disputes Act 1947, from time to time, Supreme

Court has broadened the various definitions viz; public utility practice,

termination, settlement, trade union, unfair labour practice, wages,

workmen etc. Whenever the Supreme Court interpreted the various

provisions of the I.D. Act, 1947, the Parliament amended the Act

accordingly. Thus, the Supreme Court has been instrumental in developing

and explaining the scope and meaning of industrial laws. This particular

fact has been reflected in the interpretation of the term ‘Industry’ and

‘Industrial Disputes’ defined under Act, 1947. The Supreme Court has

played vital role in clearly defining these terms so that the aggrieved

employee may get the maximum benefit to which he is entitled.

The Industrial Disputes Act, 1947 is one of the prime Act, providing

the machinery for regulating the rights of the employers and employees and

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settlement of industrial disputes in harmonious way by conciliation,

negotiations and mediation. Even the voluntary arbitration or compulsory

adjudication by the authorities is created under this statue with the active

participation of the worker’s unions. All the matters attached to

employment and subjects connected with employment, non-employment,

terms of employment or with the conditions of labour of industrial

employees, which are the subject matter of industrial dispute, can be

settled with the help of dispute settlement machinery provided under the

ID Act 1947.

7.1.3. International Labour Organization Conventions and

Recommendations

International Labour Organisation (ILO) is the most important

organisation in the world level and it has been working for the benefit of

the workers throughout the world. It was established in the year 1919. It is a

tripartitiate body consisting of representatives of the Government,

Employer, workers. It functions in a democratic way by taking interest for

the protection of working class throughout the world.

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It is also working at the international level as a ‘saviour of workers’

‘protector of poor’ and it is a beacon light for the change of social justice

and social security. The I.L.O examines each and every problem of the

workers pertaining to each member country and discusses thoroughly in the

tripartitiate body of all the countries. The I.L.O passes many Conventions

and Recommendations on different subjects like Social Security, Basic

Human Rights, Welfare Measures and Collective Bargaining. On the basis

of Conventions and Recommendations of I.L.O. every country incorporates

its recommendations and suggestions in its respective laws.

India has been member of the I.L.O since its inception in the year

1919. Though India was not won independence by that year 1919, it was

admitted to the membership of the I.L.O. However its membership, of the

League of Nations and the I.L.O had not gone unchallenged.

The I.L.O and India have common aims, goals and destiny, for, both

of them are committed to world peace freedom and social justice. Both are

striving for the socio economic betterment of the long suffering long

forgotten people as well as the people who are under privileged and under

nourished with the fullest realization that any further delay would fatal for

themselves and the whole world. In essence there is a close resemblance

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between the I.L.O. Philadelphia Charter of 1944 and the Fundamental

Rights, and Directive Principles of State Policy under Indian Constitution

and all these basic documents enshrined the principles of freedom,

individual dignity and social justice.

7.1.4 Judicial Response to Industrial Disputes

The role of management and Trade Unions in settlement of

Industrial Disputes is very important and dynamic concept specially in

India where the relations between capital and labour is very critical in view

of poverty, illiteracy, and the ignorance of the majority of the workers in

organized industry and also in unorganized sectors. Therefore always many

conflicts between these two parties arise frequently posing a great threat to

the industrial peace and production is affected and ultimately the progress

of the society gets crippled at this juncture now it is the responsibility or

obligation of the judiciary to interfere and settle the disputes to set right the

machine of industry for the progress of the nation.

The role of the judiciary in this regard mention must be made that

Justice Krishna Iyer in the case of Indian Express News Papers Pvt. Ltd.,

Vs Indian Express News Papers Employees Union said that “industrial

jurisprudence is not static, rigid or textually cold but dynamic, burgeoning

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and warm with life answering negatively the biblical interrogation. The

Industrial Tribunal of India in areas unoccupied by precise block letter law,

go by the constitutional mandate of social justice in the claims of the little

people”. It can be pointed out here that in every state certain ideas or values

will be followed and they can be achieved through various laws. These

values are very important to the society because through these ‘values’ the

state desires to mould the society. In India these ‘values’ are ‘fundamental

principles’ which are projected in the Constitution.

The Constitution of India embodies the noble and grand vision of

liberty, equality, and fraternity and also promise to secure social, economic

and political justice. The Constitution of India desires to attain these goals

through the legislation and judiciary. In this manner the Constitution has

served as basis for jurisprudence The same is true in the case of industrial

jurisprudence, therefore it is said that India Constitution law is the touch

stone to the development of industrial jurisprudence in India.

The industrial jurisprudence in India is value oriented and seeks to

attain a very just and social order. The Industrial Dispute Act, 1947 is a

peace of welfare legislation desired to achieve social as well as economic

justice which is the aim of industrial jurisprudence.

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The Supreme Court in India and High Courts under the parameters

of constitutional philosophy have played a unique role through power of

judicial review which has tendered to revolutionize the methods,

approaches and interpretations opposed to attitude adopted by the

employers slowly and systematically a new industrial jurisprudence as

grown with a decisive thought towards social justice. Faith in the rule of

law compels us to understand the implication of Constitutional Law in

labour relations and industrial adjudication.

The Government of India introduced a system of compulsory

conciliation and adjudication machinery to achieve the objectives of

maintaining industrial peace, productivity and social justice because of the

workers who were very weak and incapable to bargain with the employer

and settle the dispute. With a view to relax the legislative grip and to

promote industrial democracy the judiciary has made new dimensions in

maintaining the industrial relations.

In India it is known fact that the strikes are frequently resorted by the

workers and the Trade Unions because of various reasons such as lack of

proper Trade Union consciousness and lack of legal awareness about the

consequences of strikes.

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The trade unions leaders emotionally declare strikes against the

employers using different methods. The causes of the strikes are many such

as non payment of proper wages, stringent working conditions, failure of

collective bargaining system and other methods of settlement of industrial

disputes, involvement of political parties, dominating attitude of the

management, failures in providing labour welfare and the social security

etc.,

The strikes and lock–outs are powerful weapons in the armoury of

workmen and employers and are available when a dispute or struggle arises

between them. Threats of their use even more than their actual use,

influence the course of the contest. The threat is often explicit much more

often tacit but not for that reason less effective.

As recognized by many international instruments and declarations,

labourers are the most vulnerable group in any society. The intention of the

Supreme Court is to provide greater flexibility for the vibrant economic

growth by removing the obstacles must be balanced by taking an equitable

approach accommodating the higher goals of social justice. The Hon'ble

Supreme Court has itself on numerous occasions championed the rights of

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the workers underscoring the reason for such a protection because of their

vulnerable position and reading the same into the Constitution.

7.1.5 Labour Management Relations in SCCL:

The role of managements in settlement of industrial disputes in any

industry is very important for the maintenance of labour management

relations. The labour management or settlement of industrial disputes

systems are built on a frame work of labour law, which execrates an

influence on the nature of industrial relations approach.

The role of law for the settlement of disputes will have to be

examined in resolving the conflicts between the labour and management.

Always the approach of the management is in refusing the grievances or the

demands submitted by the workers with a view to earn more profits.

The workers also on many occasions pressurize the managements to

accede their demands or grievances. Therefore the labour management

relations will have to be maintained by both the parties.

To extract an in-depth analysis on the concept of settlement of

industrial disputes between the management and the labour, the researcher

has studied and examined the labour-management relations that have been

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prevailing in Singareni Collieries Company Limited since its inception. As

SCCL is one of the important coal mining industries in India, which is

situated in the State of Andhra Pradesh is selected as a sample for the study.

Coal was discovered by Dr.William King of the Geological Survey

of India discovered coal near the village of Yellandu in Khammam District

of Andhra Pradesh State in the year 1871. The Hyderabad Deccan

Company was incorporated in England in the year 1886. The Company was

incorporated on 23rd December, 1920 under the Hyderabad Companies Act

as a public limited company with the name “Singareni Collieries Company

Limited (SCCL)”.

Singareni Collieries Company Limited has several strategic

advantages ranging from huge coal reserves to client proximity being the

only coal producing company in South India. The company harnesses its

locational advantage to service a large market in and out of its areas of

operations. About 3500 major, medium and small-scale industries from its

customer list which includes diverse industries such as thermal power

plants, steel, paper, textile, tobacco, ceramics, pharmaceuticals, distilleries

etc.

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Singareni Collieries Company Limited supplies coal to several

Thermal Power Plants including NTPC (Ramagudam), APGENCO Power

Stations in Andhra Pradesh and power stations in Karnataka, Maharashtra

and Gujarat states.

The customers of the Singareni Collieries Company are broadly

categorized as core sector non-core sector customers.

The core sector industries include power houses, captive power

plants, major and mini cement plants, defence, railways etc.

The non-core sector industries include paper, textiles, ceramics, ,

chemical, bricks, tobacco redrying, pharmaceuticals etc.

With the growing demand in Singareni Collieries Company,

however the problem of industrial relations has been growing in magnitude

of its activities with passage of time. So, the researcher has dealt with

various issues related to the performance of the company during the last 23

years, the number of strikes, mandays lost, production lost and its impact

on Singareni Collieries Company Limited.

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The table 6.1 reveals that during the years 1988 to 1993 the number

of strikes was very high in SCCL. In the rest of the years the strikes were

less. During the period of 2007-2008, no single strike took place. In 2008 -

2010 as part of separate Telengana movement the bandh call was given in

response to the call given by the Joint Action Committees, and the strikes

occurred in response to the call given by National Trade Unions at all India

level.

The settlement of industrial disputes is very important concept

between the labour and management in India. Since the commencement of

modern industrial era, the industrial peace is often adversely affected by

conflicts between the workers and management.

The main objectives of the industrial development can be achieved

by preventing industrial disputes. Identification of the grievances of the

workers and prevention and settlement of industrial disputes is an integral

part of maintenance of sound industrial relations.

The close examination of table number 6.2 reveals that the most of

the cases of the industrial disputes are related to dismissal on absenteeism

ground only. Out of 358 cases 309 are dismissal on absenteeism caused due

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to bad working conditions, hazardous nature of work and due to ill health of

workers leading to the loss of employment.

The close examination of table number 6.3 reveals that the most of

the cases are pending writ petition before the High Court of Andhra

Pradesh relating to the dismissal and promotion and for the stoppage of

gratuity of workers, penal rent recovery for illegal occupation of the

company quarter after retirement, 86 cases per pending.

With a view to handle the various problems relating to the industrial

disputes many measures have been taken in Singareni Collieries according

to the information furnished by the management and trade unions. These

measures broadly classified as preventive measures in Singareni Collieries

Company. According to the Industrial Disputes Act, 1947, the constitution

of Works Committee is one of the important steps for the prevention of the

industrial disputes. Works committee has been constituted in SCCL in all

the mines which is called mine Committee. This Committee is constituted

mainly to discuss matters relating to production, welfare and safety.

In SCCL the workers participation in management for the first time

was introduced in the year 1971-72 by constituting a Mines Committee in

each and every mine.

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In accordance with the policy, SCCL reconstituted Mines

Committees to resume the functions of Staff Committees at the Mine level,

and the joint councils at plant level, with the representation of the

management and workers.

In Singareni Collieries Company Limited a grievance procedure has

been evolved and has been followed since a long time. The SCCL

Industrial Relations Wing Corporate Personal Department in its Reference

No. CRP/PER/IR/1/ 260/2180, dated 19.09.2009, has communicated in a

circular to all pits and departments, collieries, stating that there is a need to

educate the workmen on grievances redressal machinery for solving the

genuine grievances.

Where a worker is not satisfied with the formal decision, the

employee has the right to appear to the management for revision.

If the measures adopted for the prevention of industrial disputes

prove to be failure, and a strike or lockout is apprehended or declared then

the other methods for the settlement of disputes will have to be identified.

When the dispute emerge, it is essential that it should be amicably

settled to the satisfaction of the both the parties. The methods available for

the settlement of industrial disputes according to the I.D.Act, 1947.

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In accordance with the provisions of the Industrial Employment

(standing orders) Act, 1946 the Singareni Collieries Company formulated

and issued the standing orders with details relating to hours of work,

payment of wages, attendance on holidays, late coming, leave facilities,

termination of employment, stoppage of work, misconduct etc.

The Mines Act, 1952 is applicable to the Singareni Collieries

Company Limited which seeks to regulate the working conditions in coal

mines for providing measures to be taken for the safety of workers

employed there in and certain amenities for them.

In view of great importance attached to the trade unions in the

industrial relations system, the researcher has made an attempt to discuss

the role of trade unions in Singareni Collieries Company Limited and its

impact on industrial relations.

At present the major trade unions in Singareni Collieries company

limited, are Singareni Collieries Workers Union, Singareni Coal mines

labour union, Centre for Indian Trade Union, Godavari loya, Boggaghani

Karmika Sangham, Singareni Mechanical Electrical Workers Union,

SCMK Sangh and Telangana Boggughani Karmika Sangham.

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The trade union movement of SCCL is inseparable from the political

affiliation. In fact the first union established in SCCL was at the instance of

AITUC which was affiliated to Communist Party of India. This union has

actually become the burnt of initial problems in organizing workers

movement in SCCL. At present, the unions in SCCL are affiliated to

different political parties. The Singareni Collieries Workers Unions

(SCWU) is affiliated to Communist Party of India and the Singareni

Collieries Employees Union (SCEW) is affiliated to Indian National

Congress, Telangana Boggugani Karimika Sangam is affiliated to political

party of Telangana Rastra Samithi. The CITU is affiliated to Communist

Party of Marxists. The BMS union is affiliated to Bharatiya Janatha Party.

The majority trade unions are affiliated to one or the other political parties

in SCCL.

In view of the existence of the number of Trade Unions in SCCL,

the problem of official recognition assumes paramount importance. But due

to the absence of any fixed guide lines on principles, the recognition

procedure adopted by the management invited criticism from the rival

unions. The first trade union i.e., the Singareni Collieries working union

(SCWU) was recognized as early as 1948. This union was recognized for

all the mines in SCCL.

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As per Code of Discipline, since the SCCL is a multiunit industry, it

has been agreed to have area level representative status unions to take up

the issues relating to the respective are and that area level trade unions

cannot take up company level issues or the issues that cover entire

workforce. After the conduct of secret ballot for union elections right from

he year 1998, there has been awareness among the workmen about the role

to be played by the recognized union in the new environment. The

management has also activated its strategy to communicate with the

workmen and their families to protect the interests of the company as well

as workmen.

The secret ballot method adopted by SCCL has increased awareness

levels of SCCL workers and has yielded good results in as much as the

number of flash strikes which are used to be in the range of 300 to 400 a

year have come down.

Collective bargaining as a method of settlement of the disputes has

been prevalent in SCCL from 1974 onwards. Many collective bargaining

agreements were made from the period 1995 to 2010 between the

representatives of the management of M/s. Singareni Collieries Company

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Limited (A Government Company), Kothagudem and their workmen

represented by the various Trade unions in the Company.

7.2 TESTING OF HYPOTHESIS:

Having made a sagacious effort to study the role of managements

and trade unions in settlement of Industrial disputes with special reference

to Singareni Collieries Company Limited, the hypothesis formulated have

been tested and proved.

1) Regarding the political affiliation, it is found that the influence of

political parties is breaking the trade union movement in SCCL and

causing union rivalries. From the above observation the expected

hypothesis. “The multiplicity of trade unions affiliated to many of

the political parties affected the collective bargaining system and the

trade union rivalry has been widened” is proved to be true.

2) It is found that a clear cut grievance procedure has been evolved in

SCCL to redress the grievances of the workers. It is found that the

grievances related to the violation of promotion rules, un satisfactory

working conditions, inadequate fringe benefits, victimisation of

workers etc. The workers are not satisfied with the existing

grievance procedure because of their complex nature, indifferent

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attitude of the management and indifferent attitude of rival trade

unions. Thus the second hypothesis “the managements are not able

to follow the procedure laid down under Industrial Disputes Act,

1947” found to be correct.

3) After thoroughly studying the conventions and recommendations of

the ILO, it is found that for legally binding norms are having a

significant role. Ratification of a convention imposes legally binding

obligation on the country concerned as such the total conventions

are not ratified by the countries. The aim of the ILO is improve the

conditions of labour around the world appears to be not fulfilled.

Thus it can be said that the fourth hypothesis, “the ILO convention

and recommendations are not being implemented” is proved to be

true.

4) The intention of the Supreme Court of India to provide greater

flexibility for the vibrant economic growth by removing the

obstacles must be balanced by taking an equitable approach

accommodating higher goals of social justice. Thus, here the third

hypothesis, “the role played by the judiciary is very significant in

providing social justice to the workers” can be considered suitable.

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5)The secret ballot method adopted by Singareni Collieries Company

Limited increased awareness levels of SCCL workers has yielded

good results in as much as the number of flash strikes which used to

be in the range of 300 to 400 a year have come down. From the

above observation it can be said that the fifth hypothesis, “the

relationship between the trade unions and management in Singareni

Collieries Company is very harmonious” is proved to be true.

7.3 CONCLUSIONS AND SUGGESTIONS:

The Researcher, having carried out a comprehensive study on the

role of managements and trade unions in settlement of Industrials Disputes

with special reference to Singareni Collieries Company Ltd., and the study

forwards the following conclusions and suggestions for effective and

harmonious labour management relations.

1) A review of evolution of trade unions in SCCL has revealed that

the trade union activities in the Company have been increasing

from time to time. But along with the growth of trade union

movement, the number of unions was also increased.

2) At present SCCL there are two recognised trade unions namely

AITUC and INTUC. The recognition of a union is based on

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verification of membership of union claiming its majority followed

by Central Industrial Relations Machinery. The trade union leaders

have revealed that a majority of them are not satisfied with the

present method adopted for the recognition of a union. They have

expressed their preference for secret ballot method to the test check

method.

It is suggested that measures like developing a common

understanding among the rival trade unions, making efforts to implement

the one union-for-one-industry principle, non- interference of management

in the union activities and increasing statutory limit of minimum members

to form a union can contribute for developing co-operation and co-

ordination among the unions.

3) Regarding the political affiliation, it is found that the influence of

political parties in breaking the trade union movement in SCCL and

causing union rivalries is apparent.

4) As for the trade union leadership, it is found that most of the office

bearers of present unions are outsiders. However most of their

outside leaders have been ex-employees of the Company. Therefore,

these leaders possess required knowledge about the work, working

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conditions and the dynamics of industrial relations at company level.

5) It is generally observed that the internal leadership from the workers

is being encouraged if such workers are committed to political

ideology of the party controlling the union. Loyalty to the party is

considered the essential pre-requisite for trade union leadership.

Regarding the role of outside leadership most of the workers

expressed their satisfaction and stated that they play very useful role.

6) They have pointed out that outside leaders can bargain more boldly

and efficiently with management than the internal leaders. In

addition, these leaders can bring pressures and influence from

outside on the management to get the things done.

7) A study of the trends in industrial disputes in SCCL shows that there

has been a constant increase in the number of disputes arising in the

company.

However, it is found that most of these disputes are being settled at

different levels and, therefore, the disputes are not generally allowed to

result in strikes and work stoppages.

8) In SCCL, Welfare Officers have been appointed at Mines,

Workshops, Coal Screening Plants and Departments in accordance

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with the statutory provisions. But these Officers are not able to do

complete justice to their functions because of their low status in the

organisational hierarchy, lack of adequate knowledge about their

duties and sometimes it was due to lack of, commitment. As a result,

the Welfare Officer are able to settle the grievances of the workers

only to limited extent.

9) An examination of the functioning of Works Committees (Mines

Committees) in SCCL has revealed that these committees are able to

settle the grievances to a very limited extent. The workers as well as

management representatives have their own reservations regarding

the effective functioning of these Committees. It is generally noticed

that, except minor problems, most of the other problems are not

settled in Mine Committees.

10)Regarding the implementation of the Standing Orders, it is noticed

that there have been a number of instances of non- adherence to

them by management as well as workers. The workers have a feeling

that the Standing Orders are out-dated and, therefore, they need to be

revised. The Management has felt that due to the intervention and

pressure of trade unions, they are not able to take disciplinary action

against the workers violating the Standing Orders.

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11)It is found that a clear cut grievance procedure has to be evolved in

SCCL to redress the grievances of the workers. It is found that

generally the grievances arise out of violation of promotion rules,

unsatisfactory working conditions, inadequate fringe benefits,

victimisation of workers etc. It is also found that most of the workers

are not satisfied with the existing grievance procedure because of

their complex nature, indifferent attitude of the management and

indifferent attitude of rival trade unions.

It is suggested that the management should thoroughly over-haul the

existing grievance procedure and take necessary steps to redesign simple,

meaningful and a widely acceptable grievance procedure.

12)Regarding the workers participation in management the company

has established Mine Committees and Joint Management Councils at

different levels in the SCCL. But the limited scope and powers of the

Committees, non-adherence to the decisions by the management,

indifferent attitude towards the issues raised by workers are some of

the reasons contributing to the failure of the scheme. Further lack of

understanding of the problems, un-compromising attitude of the

workers and politicisation of issues are the reasons for failure of the

scheme.

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It is suggested that the reasons for the failure of the scheme should

be identified and that both the parties evolve suitable methods to remove

these deficiencies.

13) It is observed that Conciliation method is generally used as first step

to settle the disputes in SCCL. An examination of the cases referred

to Conciliation revealed that there is an increasing trend in the

disputes reported to Conciliation machinery. It is found that there

have been delays in the settlement. But in most of the cases despite

the delays, the Conciliation machinery is able to prevent number of

strikes which would have otherwise spoiled industrial relations and

its atmosphere.

14)With regard to Arbitration method, it is found that neither the

workers nor the management utilised this method frequently.

15)The Adjudication machinery is another method widely used by the

workers when the dispute is not settled at the early stages.

Adjudication may not be a satisfactory method because of the delays

and the expenses involved in the settlement of disputes.

16)In SCCL Collective Bargaining is one of the important instruments

used for preventing and settling industrial disputes. However, there

have been very few collective bargaining agreements between

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management and trade unions in the company. This is partly on

account of coverage of important issues in the national level wage

agreements and in part due to lack of understanding between

workers and management.

17)Regarding the choice of the settlement method, trade union leaders

preferred Conciliation and Adjudication methods.

The management being transparent objective and responsive in

dealing with the workers issues, it can be said that there is a good

relationship between the management and trade unions in the industry.

18)The researcher further suggested for the harmonious labour

management relations in India and there is an urgent need to

implement the Second National Labour Commission Report

immediately, while taking the following suggestions into

consideration:

1) The voluntary resolution of disputes should be encouraged

over the settlement of disputes through adjudication

2) There should be a system of recognition of trade union as

negotiating agent, so that the employer can negotiate with that

recognized negotiating agent.

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3) A tripartite National and State level councils of employment

should be set up to monitor and plan problems relating to

employment.

4) Training of workers and managerial personnel in the art of

participative management is a prerequisite for the scheme of

workers participation in management. Workers participation

in management should be made compulsory without any

distinction with the public, private and co operative sectors.

5) A suggested by first National Labour Commission, industrial

Relation Commission should be constrained immediately at

both Central and State level to adjudicate Industrial

representative unions. At the same time, the existing

machinery should be streamlined. Otherwise the desired

result will not be achieved.

6) Collective bargaining cannot exist without the right to strike

or lock-out. That’s why, the right to strike should be a made

at least as a legal right.

7) Code of conduct should be strictly applied to trade union

organizations as well as employers.

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8) As suggested by second National labour Commission,

National Social Security Authority should be constituted.

9) As suggested by Second National Labour Commission, the

existing Labour laws should be broadly grouped into five

groups of Laws pertaining to (i) Industrial relations (ii) wages

(iii) Social Security (iv) Safety (v) Welfare and working

conditions.

10) A Grievance Redressal Committee should be constituted to

settle the industrial disputes amicably.