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Industrial Relations, Trade Unions, and Labour Legislation, 2nd Edition

Book Description

The second edition of Industrial Relations, Trade Unions, and Labour Legislation is an up-to-date interactive text, primarily related to issues in India. The book does, however, incorporate developments and practices in other countries, particularly UK and USA. Primarily designed for the students of management, economics, labour and social welfare, social work, commerce and similar disciplines this book will also be of interest to professionals in the field of labour relations and management.

Table of Contents

  1. Cover
  2. Title Page
  3. Brief Contents
  4. Contents
  5. Dedication
  6. Preface to the Second Edition
  7. Preface
  8. 1. Trade Unionism
    1. Chapter Objectives
    2. The Birth of a Trade Union
    3. Definition
    4. Origin of Trade Unions
    5. Emergence of Trade Unionism
    6. Theories of Trade Union Movement
    7. Legal and Other Handicaps of Early Trade Unions
    8. Objectives of Trade Unions
    9. Methods of Trade Unions
    10. Legitimacy of the Methods
    11. Trade Union Activities
    12. Determinants of the Rate of Trade Union Growth
    13. Summary
    14. Questions for Review
    15. Key Terms
    16. Case Study
  9. 2. Structure and Government of Trade Unions
    1. Chapter Objectives
    2. There are Variations in Union Organization and Administration
    3. Bases of Organization
    4. Craft Versus Industrial Unions
    5. Trade Union Federations
    6. Problems of Government and Administration
    7. Compulsory Unionism
    8. Summary
    9. Questions for Review
    10. Key Terms
    11. Case Study
  10. 3. The Trade Union Movement in Great Britain
    1. Chapter Objectives
    2. Changing Status of British Trade Union
    3. Early Years
    4. The Period 1830–49
    5. The Period 1850–79
    6. The Period 1880–99
    7. Trade Unions During Early Twentieth Century
    8. The First World War Period
    9. The Inter-war Period
    10. The Second World War Period
    11. The Post–Second World War Period
    12. Membership, Size and Density
    13. The Trades Union Congress
    14. Relationship Between the TUC and the Labour Party
    15. Salient Features of Legislation Relating to Trade Unions and Labour Relations
    16. Employment and Employment Relations Acts
    17. Summary
    18. Questions for Review
    19. Key Terms
    20. Case Study
  11. 4. Trade Union Movement in India Upto 1949
    1. Chapter Objectives
    2. Establishment of All India Trade Union Congress (AITUC)
    3. Early Years
    4. The First World War Period
    5. 1920–29
    6. 1930–39
    7. 1940–49
    8. Summary
    9. Questions for Review
    10. Key Terms
    11. Case Study
  12. 5. Trade Union Movement in India: 1950 Onwards
    1. Chapter Objectives
    2. Political Parties and Formation of Central Federation of Trade Unions
    3. Growth of Labour Force and Its Occupational Distribution
    4. Industrial Policy Resolutions
    5. Growth of Trade Unions
    6. Extent of Unionization in Different Industries
    7. State-wise Picture of Trade Unions
    8. Growth of Trade Union Federations
    9. Central Federations of Trade Unions
    10. Industrial Disputes from 1950 to 2006
    11. Impact of Industrial and Economic Policies on Trade Unions
    12. General Strikes Since 1991
    13. Trade Union Cooperation and Consultative Machinery
    14. Measures to Strengthen the Trade Union Movement in India
    15. Summary
    16. Questions for Review
    17. Key Terms
    18. Case Study
  13. 6. Size and Finance of Indian Trade Unions
    1. Chapter Objectives
    2. Why is the Average Size of Indian Trade Unions Small and Their Financial Position Poor?
    3. Size
    4. Frequency Distribution
    5. Factors Responsible for the Small Size
    6. Consequences of the Small Size of Trade Unions
    7. Finance
    8. Sources of Income
    9. Ways of Improving Finance
    10. Summary
    11. Questions for Review
    12. Key Terms
    13. Case Study
  14. 7. Structure and Government of Indian Trade Unions
    1. Chapter Objectives
    2. What is Special About Structure and Government of Trade Unions in an Industrial Centre in India?
    3. Structure
    4. Primary Unions At the Base
    5. Industrial Federations
    6. Central Federations
    7. Government
    8. Government of Primary Unions
    9. Government of Industrial Federations
    10. Government of Central Federations
    11. Summary
    12. Questions for Review
    13. Key Terms
    14. Case Study
  15. 8. Indian Trade Unions, Political Parties and Problems of Leadership
    1. Chapter Objectives
    2. Political Rivalries and Formation of Trade Unions in India
    3. Indian Trade Unions and Political Parties
    4. Domination by Political Parties
    5. Advantages of the Domination
    6. Disadvantages of the Domination
    7. Proper Relationship
    8. Problem of Leadership
    9. Adverse Consequences of Outside Leadership
    10. Emergence of Sectarian and Unconventional Leadership
    11. Factors Responsible for the Persistence of Outside Leadership
    12. Distinction Between an Outsider and an Insider
    13. National Commissions on Labour on Outside Leadership
    14. Role of Workers' Education
    15. Futility of the Controversy
    16. Summary
    17. Questions for Review
    18. Key Terms
    19. Case Study
  16. 9. Trade Union Rivalry and Recognition
    1. Chapter Objectives
    2. Status of Collective Bargaining in India
    3. Code of Conduct and Trade Union Rivalry
    4. Should Recognition be Made Compulsory
    5. Which Unions to be Recognized?
    6. Recognition of Majority Union and Problems Involved
    7. Criteria to Determine the Representative Character of Unions
    8. Levels of Recognition
    9. Rights of Recognized Versus Minority Unions
    10. Summary
    11. Questions for Review
    12. Key Terms
    13. Case Study
  17. 10. Industrial Relations—Main Aspects, Models and Developments
    1. Chapter Objectives
    2. Significance of Tripartite Resolutions for Maintaining Harmonious Industrial Relations
    3. Definition of Industrial Relations
    4. Evolution of Industrial Relations
    5. Dominant Aspects of Industrial Relations
    6. Some Approaches to Industrial Relations
    7. Some Models of Industrial Relations
    8. Development of Industrial Relations in India and Changing Roles of the Parties
    9. Employers' Organizations and Industrial Relations
    10. Employers' Federations at the National Level
    11. Employers' Federations at the Industry Level
    12. Regional and State Level Employers' Federations
    13. Salient Features of the Role of Employers' Federations in Industrial Relations
    14. Salient Features of Industrial Relations in India
    15. Summary
    16. Questions for Review
    17. Key Terms
    18. Case Study
  18. 11. Industrial Disputes and Strikes
    1. Chapter Objectives
    2. Complexities of Industrial Disputes and Strikes
    3. Industrial Disputes
    4. Specific Causes of Industrial Disputes
    5. Interests and Rights Disputes
    6. Strike
    7. Factors Conditioning the Outcome of Strikes
    8. Effects of Strikes
    9. An Evaluation of the Right to Strike
    10. Summary
    11. Questions for Review
    12. Key Terms
    13. Case Study
  19. 12. Methods of Settling Industrial Disputes
    1. Chapter Objectives
    2. Importance of Collective Bargaining and Voluntary Conciliation and Arbitration as Methods of Settling Industrial Disputes
    3. Settlement Without State Intervention
    4. Settlement Under the Influence of the State
    5. Adjudication or Compulsory Arbitration in India
    6. Adjudication/Compulsory Arbitration Versus Collective Bargaining
    7. Different Methods of Dispute Settlement in India
    8. Machinery for the Prevention and Settlement of Industrial Disputes in India
    9. Statutory Machinery
    10. Non-statutory Bodies
    11. First National Commission on Labour (1969) on the Methods of Settling Industrial Disputes
    12. Recommendations of the Second NCL (2002)
    13. Summary
    14. Questions for Review
    15. Key Terms
    16. Case Study
  20. 13. Collective Bargaining and Grievance Procedure
    1. Chapter Objectives
    2. Emergence of Collective Bargaining
    3. Meaning of Collective Bargaining
    4. Importance of Collective Bargaining
    5. Theories of Collective Bargaining
    6. Units and Levels of Collective Bargaining
    7. Factors Influencing Bargaining Units and Levels
    8. Subject Matters of Collective Bargaining
    9. Productivity Bargaining
    10. Growth of Collective Bargaining in India
    11. Collective Agreements
    12. Hurdles to Collective Bargaining in India
    13. Grievance and Grievance Procedure
    14. Grievance Procedure in Selected Industrial Establishments in India
    15. Grievance Procedure in the United States
    16. Desirable Features of a Successful Grievance Procedure
    17. Summary
    18. Questions for Review
    19. Key Terms
    20. Case Study
  21. 14. Labour-Management Cooperation/Workers' Participation in Management
    1. Chapter Objectives
    2. Advent of Whitley Councils
    3. Meaning
    4. Goals
    5. Traditional Forms of Control and Management of Enterprises Under Capitalism
    6. Different Degrees and Forms of Labour-management Cooperation/Workers' Participation in Management
    7. Schemes of Workers' Participation in Management in India
    8. Works Committees (1947)
    9. Joint Management Councils (1958)
    10. Board-level Participation (1970)
    11. Workers' Participation Under Old 20-Point Programme (1975)
    12. Unit Councils and Joint Councils in Commercial and Service OrganiZations in the Public Sector (1977)
    13. Some Subsequent Developments
    14. Scheme of Employees' Participation in Public Sector Undertakings (1983)
    15. Joint Councils in Government Service
    16. Joint Councils in Railways, Posts and Telegraphs, and Defence Establishments
    17. Workers' Participation in the Private Sector
    18. Participation of Workers in Management Bill, 1990
    19. Main Provisions of the Bill
    20. Recommendations of the Second NCL (2002)
    21. Hurdles to Workers' Participation in Management in India
    22. Summary
    23. Questions for Review
    24. Key Terms
    25. Case Study
  22. 15. Principles of Labour Legislation
    1. Chapter Objectives
    2. Pervasiveness of Social Legislation
    3. Social Legislation and Labour Legislation
    4. Forces Influencing Modern Social and Labour Legislation
    5. Forces Influencing Social and Labour Legislation in India
    6. Indian Constitution, and Social and Labour Legislation
    7. Principles of Modern Labour Legislation
    8. Types of Labour Legislation
    9. Summary
    10. Questions for Review
    11. Key Terms
    12. Case Study
  23. 16. Factory Legislation
    1. Chapter Objectives
    2. Factory Legislation in the United Kingdom
    3. Growth of Factory Legislation in India
    4. Some Important Definitions
    5. Approval, Licensing and Registration of Factories
    6. Inspecting Staff
    7. Certifying Surgeons
    8. Health
    9. Safety
    10. Dangerous Operations
    11. Provisions Relating to Hazardous Processes
    12. Welfare
    13. General Provisions on Health, Safety and Welfare
    14. Working Hours of Adult Workers
    15. Employment of Young Persons
    16. Annual Leave with Wages
    17. Penalties
    18. Cognizance of Offences
    19. Other Provisions
    20. Working and Assessment
    21. Recommendations of the Second NCL (2002)
    22. Summary
    23. Questions for Review
    24. Key Terms
    25. Case Study
  24. 17. Payment of Wages Legislation
    1. Chapter Objectives
    2. Truck Acts in Great Britain
    3. Objectives of Payment of Wages Legislation
    4. Payment of Wages Act, 1936
    5. Recommendations of the Second NCL (2002)
    6. Summary
    7. Questions for Review
    8. Key Terms
    9. Case Study
  25. 18. Minimum Wage Legislation
    1. Chapter Objectives
    2. Objectives of Governmental Regulations of Wages
    3. Objects and Reasons of the Minimum Wages Bill, 1946
    4. Minimum Wages Act, 1948
    5. Recommendations of the Second Ncl (2002)
    6. Summary
    7. Questions for Review
    8. Key Terms
    9. Case Study
  26. 19. Equal Remuneration Legislation
    1. Chapter Objectives
    2. Emphasis on Equality Between Sexes in Matters of Wages and Conditions of Employment
    3. Equal Remuneration Act, 1976
    4. Summary
    5. Questions for Review
    6. Key Terms
    7. Case Study
  27. 20. Trade Union Legislation
    1. Chapter Objectives
    2. Trade Union Legislation in the United Kingdom
    3. Background
    4. Efforts at Amendments
    5. Trade Unions Act, 1926
    6. An Assessment
    7. Recommendations of the Second NCL (2002)
    8. Summary
    9. Questions for Review
    10. Key Terms
    11. Case Study
  28. 21. Legislation Concerning Settlement of Industrial Disputes
    1. Chapter Objectives
    2. Industrial Disputes Legislation Preceeding the Enactment of the Industrial Disputes Act, 1947
    3. Industrial Disputes Act, 1947
    4. Basic Elements of Public Policy
    5. Industrial Disputes Act, 1947
    6. Authorities and Reference of Disputes
    7. Miscellaneous Provisions Relating to Procedures, Powers of Adjudication Authorities and Awards
    8. Prohibition of Strikes and Lock-outs
    9. Lay-off, Retrenchment and Closure
    10. Special Provisions Relating to Lay-off, Retrenchment and Closure
    11. Unfair Labour Practices
    12. Other Provisions
    13. Special Provision for Adjudication of Disputes Relating to Change of Conditions of Service
    14. State Laws
    15. An Assessment
    16. Recommendations of the Second NCL (2002)
    17. Summary
    18. Questions for Review
    19. Key Terms
    20. Case Study
  29. 22. Industrial Employment (Standing Orders) Legislation and Problem of Discipline in Industry
    1. Chapter Objectives
    2. Importance of Standing Orders in Industrial Establishments
    3. Part I
    4. Industrial Employment (Standing Orders) Act, 1946
    5. Model Standing Orders Under the Central Industrial Employment (Standing Orders) Rules
    6. Model Standing Orders on Additional Items Applicable to all Industries
    7. An Assessment
    8. Recommendations of the Second NCL (2002)
    9. Part II
    10. Industrial Discipline and Disciplinary Procedure
    11. Penalties or Punishments
    12. Summary
    13. Questions for Review
    14. Key Terms
    15. Case Study
  30. 23. Evolution and Growth of Social Security Legislation in India
    1. Chapter Objectives
    2. What is Social Security?
    3. Evolution and Growth of Social Security in Selected Countries
    4. ILO on Social Security
    5. Evolution and Growth of Social Security Legislation in India
    6. Professor Adarkar' Report
    7. Further Developments
    8. Employees' State Insurance Act, 1948
    9. Provisions for Old Age
    10. Provision Against Unemployment
    11. Gratuity
    12. Existing Social Security Laws
    13. Recommendations of the Second NCL (2002)
    14. Need for a Comprehensive Social Security Scheme
    15. Summary
    16. Questions for Review
    17. Key Terms
    18. Case Study
  31. 24. Workmen's Compensation Legislation
    1. Chapter Objectives
    2. Employers' Defences under the Common Law to Escape Liability for Payment of Compensation in the Event of Disablement or Death of Their Workmen Caused by Industrial Injuries
    3. Workmen's Compensation Legislation in India
    4. Employees' Compensation Act, 1923 (Main Provisions)
    5. Some Important Definitions
    6. Employer's Liability for Compensation
    7. Arising ‘Out of’ and ‘In the Course of’ Employment
    8. Occupational Diseases
    9. Amount of Compensation
    10. Medical Examination
    11. Claims Before Commissioner
    12. Other Provisions
    13. Working
    14. An Assessment
    15. Summary
    16. Questions for Review
    17. Key Terms
    18. Case Study
  32. 25. Maternity Benefit Legislation
    1. Chapter Objectives
    2. Objectives of Maternity Benefit Legislation
    3. Growth of Maternity Benefit Legislation in India
    4. Central Maternity Benefit Act, 1961 (Main Provisions)
    5. Working
    6. Summary
    7. Questions for Review
    8. Key Terms
    9. Case Study
  33. 26. Employees' State Insurance Act, 1948
    1. Chapter Objectives
    2. Enactment of the Employees' State Insurance Act, 1948, and Subsequent Amendments
    3. Scope
    4. Some Important Definitions
    5. Contributions
    6. Benefits
    7. Miscellaneous Provisions Pertaining to Benefits
    8. Administration
    9. Adjudication of Disputes and Claims
    10. Penalties
    11. Other Provisions
    12. Working
    13. An Assessment
    14. Recommendations of the First NCL (1969)
    15. Recommendations of the Second NCL (2002)
    16. Summary
    17. Questions for Review
    18. Key Terms
    19. Case Study
  34. 27. Provident Fund Legislation
    1. Chapter Objectives
    2. Evolution of Provident Fund Legislation in India
    3. Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (Main Provisions)
    4. Employees' Provident Funds Scheme
    5. Employees' Deposit-linked Insurance Scheme
    6. Employees' Pension Scheme
    7. Miscellaneous Provisions
    8. Employees' Provident Funds Scheme, 1952
    9. Working
    10. Employees' Deposit-linked Insurance Scheme, 1976
    11. Employees' Pension Scheme, 1995
    12. Coverage
    13. An Assessment
    14. Recommendations of the Second NCL (2002)
    15. Summary
    16. Questions for Review
    17. Key Terms
    18. Case Study
  35. 28. Payment of Gratuity Act, 1972
    1. Chapter Objectives
    2. Concept of Gratuity
    3. Enactment of Payment of Gratuity Act, 1972
    4. Payment of Gratuity Act, 1972 (Main Provisions)
    5. An Assessment
    6. Summary
    7. Questions for Review
    8. Key Terms
    9. Case Study
  36. 29. Child Labour (Prohibition and Regulation) Act, 1986
    1. Chapter Objectives
    2. Evolution of Child Labour Legislation
    3. Children (Pledging of Labour) Act, 1933
    4. Employment of Children Act, 1938
    5. ILO's Conventions and Recommendations
    6. Provisions of Constitution
    7. Observations and Recommendations of Commissions and Committees
    8. National Policy for Children, 1974
    9. Committee on Child Labour (Gurupadswamy Committee)
    10. Child Labour (Prohibition and Regulation) Act, 1986 (Main Provisions)
    11. Prohibition of Employment of Children in Certain Occupations and Processes
    12. Regulation of Conditions of Work of Children
    13. An Assessment
    14. Certain Subsequent Developments
    15. Summary
    16. Questions for Review
    17. Key Terms
    18. Case Study
  37. 30. Shops and Establishments Acts
    1. Chapter Objectives
    2. Shops and Establishments Laws in India
    3. Bihar Shops and Establishments Act, 1953 (Main Provisions)
    4. Recommendations of the First National Commission on Labour (1969)
    5. Recommendations of the Second NCL (2002)
    6. Summary
    7. Questions for Review
    8. Key Terms
    9. Case Study
  38. 31. Labour Administration
    1. Chapter Objectives
    2. Expanding Horizon of Labour Administration
    3. Concept of Labour Administration
    4. Scope or Fields of Labour Administration
    5. Importance of Labour Administration
    6. Evolution and Growth of Labour Administration in India
    7. Labour Administration Machinery of Central Government
    8. The Main Ministry (Secretariat)
    9. Attached Offices
    10. Subordinate Offices
    11. Autonomous Organizations
    12. Adjudication Bodies
    13. Labour Administration Machinery of State Governments
    14. Department of Labour and Employment (Secretariat)
    15. Office of the Labour Commissioner
    16. Chief Inspectorate of Factories
    17. Chief Inspectorate of Boilers
    18. Office of Chief Inspector, Shops and Establishments
    19. Directorate, Employment and Training
    20. Directorate, Medical Services (ESI Scheme)
    21. Adjudication Authorities
    22. Evaluation and Suggestions
    23. Role of ILO in Labour Administration
    24. Recommendations of the Second NCL (2002)
    25. Summary
    26. Questions for Review
    27. Key Terms
    28. Case Study
  39. 32. International Labour Organization
    1. Chapter Objectives
    2. Establishment of the International Labour Organization-The Background
    3. Preamble to the Constitution
    4. Fundamental Principles and the Philadelphia Charter
    5. Organizational Structure
    6. Conventions and Recommendations
    7. Major Activities of ILO
    8. International Standards of Labour and their Influence on Indian Labour Legislation
    9. Conditions of Work
    10. Employment of Children and Young Persons
    11. Employment of Women
    12. Health, Safety and Welfare
    13. Social Security
    14. Industrial Relations
    15. Employment and Unemployment
    16. Other Special Categories
    17. Influence on Indian Labour Legislation
    18. Conditions of Work
    19. Employment of Children and Young Persons
    20. Employment of Women
    21. Health, Safety and Welfare
    22. Social Security
    23. Industrial Relations
    24. Employment and Unemployment
    25. Other Special Categories
    26. Difficulties in the Adoption of Conventions and Recommendations
    27. Problems of Ratification
    28. Summary
    29. Questions for Review
    30. Key Terms
    31. Case Study
  40. 33. Labour Policy in Five-Year Plans
    1. Chapter Objectives
    2. The Five-year Programme for Labour, 1946
    3. Labour Policy in the First Five-year Plan (1951-56)
    4. Labour Policy in the Second Five-year Plan (1956-61)
    5. Labour Policy in the Third Five-year Plan (1961-65)
    6. Labour Policy in the Fourth Five-year Plan (1969-74)
    7. Labour Policy in the Fifth Five-year Plan (1974-79)
    8. Labour Policy in the Sixth Five-year Plan (1980-85)
    9. Labour Policy in the Seventh Five-year Plan (1985-90)
    10. Labour Policy in the Eighth Five-year Plan (1992-97)
    11. Labour Policy in the Ninth Five-year Plan (1997-2002)
    12. Labour Policy in the Tenth Five-year Plan (2002-07)
    13. Labour Policy in the Eleventh Five-year Plan (2007-12)
    14. Summary
    15. Questions for Review
    16. Key Terms
    17. Case Study
  41. Notes
    1. Chapter 1
    2. Chapter 2
    3. Chapter 3
    4. Chapter 4
    5. Chapter 5
    6. Chapter 6
    7. Chapter 7
    8. Chapter 8
    9. Chapter 9
    10. Chapter 10
    11. Chapter 11
    12. Chapter 12
    13. Chapter 13
    14. Chapter 14
    15. Chapter 15
    16. Chapter 16
    17. Chapter 17
    18. Chapter 18
    19. Chapter 19
    20. Chapter 20
    21. Chapter 21
    22. Chapter 22
    23. Chapter 23
    24. Chapter 24
    25. Chapter 25
    26. Chapter 26
    27. Chapter 27
    28. Chapter 28
    29. Chapter 29
    30. Chapter 30
    31. Chapter 31
    32. Chapter 32
    33. Chapter 33
  42. Appendix
  43. Copyright