National Commission on Labour (1967)||
ANNEXURE I (Refer Para 23.40)
Data on work-stoppages and mandays lost are available for the country as a whole over a long period. We present below the data for the period since 1946 (Tables I to IV). In analysing the statistics, we have to keep in mind the limitations the data suffer from. Because of incomplete reporting and differences in geographical coverage, they are not strictly comparable over the years. The aggregate picture of the number of work-stoppages and the number of workers involved and mandays lost does not convey the magnitude of the impact of work stoppages on production and on the community. There are certain key sectors of the economy and essential services like railways, defence establishments, ports and docks, other forms of transport, and banking, where work-stoppages of even a short duration can have far-reaching consequences. Further, these data do not include mandays lost due to political strikes, bandhs and other non-industrial action. Again, in interpreting these data and assessing on that basis the success or otherwise of industrial relations policy, one should not miss the general limitations of a mere statistical approach to human problems; and problems created by work-stoppages are indeed such. There is also the fact that stoppages become unavoidable on occasions, but the essence of policy is to minimise such occasions. It is in this context that any analysis of time loss due to strikes/lock-outs has to be viewed.
TABLE 1: The number of disputes, the number of workers involved, and the number of mandays lost since 1946.
|Year||No. of disputes||No. of workers involved ('000)||No. of mandays lost ('000)|
NB. (1) These statistics on industrial disputes as published in the Indian Labour Year Book/Indian Labour Statistics cover strikes/lock-outs which involve 10 or more workers directly or indirectly, but exclude political strikes or sympathetic demonstrations and closures for reasons like shortage of raw material, break-down in machinery or supply of power or financial reasons.
(ii) The above statistics cover all sectors of economic activity and relate to Part A States, Ajmer and Delhi only upto 1956. The coverage of the statistics changed radically thereafter due to reorganisation of States.
Source: Indian Labour Statistics.
TABLE 2: Mandays lost by States ('000)
|8.||Maharashtra . .||880 (1)||580||3,693||2,202|
|12.||Rajasthan . . .||32||51||50||63|
|13.||Uttar Pradesh .||239||517||995||1,526|
N.B. 1. The figures relate to composite Bombay—Maharashtra and Gujarat.
2. The figures relate to the composite Punjab upto 31-10-1966 and to the reorganised State of Punjab from 1-11-1966. They also includes those disputes which were continuing on 31-10-1966 although the establishment concerned came under Haryana on reorganisation.
Source: Indian Labour Statistics.
TABLE 3: Time loss per one thousand workers in the main sectors of the economy
|Year||No. of mandays lost (in '000)||Estimated employment (in '000)||Mandays lost per 1000 workers||No. of mandays lost (in 000)||Estimated employment (in '000)||Mandays lost1 per 1000 workers||No. of mandays lost (in '000)||Estimated employment (in '000)||Mandays lost per 1000 workers|
|1965||4756||4503||1056||306||1166 (P)||262 (P)||640||691||.926|
N.B. P : Provisional. R : Revised. N.A. : Not available.
1 Figures for mandays lost related to all plantations, while estimated employment relates to tea, coffee, and rubber only. Source : Indian Labour Statistics.
TABLE 4: Distribution of Number of Disputes by Causes
|Year||Wage & Allowances||Bonus||Personnel & Retrenchment||Leave & Hours of work||Others||Total cases|
|1947 . . . .||32.0||10.9||19.5||5.2||32.4||1,794|
|1951 . . . .||29.4||6.8||29.3||8.2||26.3||1,026|
|1956 . . . .||28.3||8.8||39.7||5.7||17.5||1,103|
|1957 . . . .||29.0||13,6||30.9||5.0||20.9||1,556|
Source: Indian Labour Statistics.
ANNEXURE II (Refer para 24.66)
Unfair Labour Practices1
I—On The Part Of The Employers
(1) To interfere with, restrain or coerce employees in the exercise of their right to organise, form, join or assist a trade union and to engage in concerted activities for the purpose of mutual aid or protection, that is to say—
(a) threatening employees with discharge or dismissal, if they join a union;
(b) threatening a lock-out or closure, if a union should be organised;
(c) granting wage increase at crucial periods of union organisation with a view to undermining the efforts of organisation.
(2) To dominate, interfere with, or contribute support—financial or otherwise—to any union, that is to say:
(a) an employer taking an active interest in organising a union of his employees;
(b) an employer showing partiality or granting favour to one of several unions attempting to organise or to its members.
NOTE—This will not affect rights and facilities, if any, (arising out of the fact of recognition) of recognised unions.
(3) To establish employer-sponsored unions.
(4) To encourage or discourage membership in any union by discriminating against any employee, that is to say:
(a) discharging or punishing an employee because he urged other employees to join or organise a union;
(b) refusing to reinstate an employee because he took part in a lawful strike;
(c) changing seniority rating because of union activities;
(d) refusing to promote employees to higher posts on account of their union activities;
(c) giving unmerited promotions to certain employees, with a view to sow discord amongst the other employees or to undermine the strength of their union;
(f) discharging office-bearers or active union members, on account of their union activities.
(5) To discharge or discriminate against any employee for filing charges or testifying against an employer in any enquiry or proceedings relating to any industrial disputes.
(6) To refuse to bargain collectively in good faith with the union certified as a collective bargaining agent.
(7) To coerce employees through administrative measures, with a view to secure their agreements to "voluntary" retirements.
II—On the Part of the Trade Unions
(1) For the union to advise or actively support or to instigate an irregular strike or to participate in such strike.
NOTE—"An irregular strike' means an illegal strike and includes a strike declared by a trade union in violation of its rules or in contravention of its conditions of recognition or in breach of the terms of a subsisting agreement, settlement or award.
(2) To coerce workers in the exercise of their right to self-organisation or to join unions or refrain from joining any union, that is to say:
(a) for a union or its members to picket in such a manner that non-striking workers are physically debarred from entering the work-place;
(b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against non-striking workers or against managerial staff.
1 Government of Maharashtra, Report of the Committee on Unfair Labour Practices, July 1969. 341
(3) To refuse to bargain collectively in good faith with the employer.
(4) To indulge in coercive activities against certification of a bargaining representative.
(5) To stage, encourage or instigate such forms of coercive actions as wilful "go slow" or squatting on the work premises after working hours or "gherao" of any of the members of the managerial staff.
(6) To stage demonstrations at the residence of the employers or the managerial staff members.
Ill—General Unfair Labour Practices
(1) To discharge or dismiss employees:—
(a) by way of victimisation;
(b) not in good faith but in the colourable exercise of the employer's rights;
(c) by falsely implicating an employee in a criminal case on false evidence or on concocted evidence;
(d) for patently false reasons;
(e) on untrue or trumped up allegations of absence without leave;
(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;
(g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record of the service of the employees, so as to amount to shockingly disproportionate punishment;
(h) to avoid payment of statutory dues.
(2) To abolish the work being done by the employees and to give such work to contractors as a measure of breaking a strike.
(3) To transfer an employee malafide from one place to another under the guise of following management policy.
(4) To insist upon individual employees, who were on legal strike, to sign a good conduct-bond as a pre-condition to allowing them to resume work.
(5) To show favouritism or partiality to one set of workers, regardless of merit.
(6) To employ employees as "badlis", casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workers.
(7) To encroach upon contractual, statutory, or legal rights of the other party, by either party.
NOTE:—The word "employee" used in the List No. III above does not include an employee whose duties are essentially managerial.