Concept of industrial relations over a period of 200 to 300 years

Synopsis of it would show that there has been an attempt to correct Industrial Relations over a period when workers were abused, exploited; downtrodden etc during the industrial revolution for the last hundred years to protect the workmen. Trade Union Act came into being in 1926, to protect workmen and to protect the office bearers of the union.

In this process what happened was the beginning of the contrary. Trade unions arose; their power grew, and Acts such as The Industrial Disputes Act- 1957, The Bombay Industrial Relations Act-1946 and such other Acts purporting to protect workers against management came into being including the Contract Labour (Regulation and Abolition) Act, 1970. According to which, up to Section 9 it has been stated that on routine regular jobs, contract labour cannot be employed. But Section 10 of the same Act reverses the entire thought.

Industrial revolution in the world which commenced 200 to 300 years ago where there were no trade unions and there were no labour laws or protection of workers against exploitation of working hours, carrying weights or practice of human relations etc, where workers were exploited by employers/owners, when there were no restrictions on weekly hours, daily hours or safety precautions etc.

In fact, all this led to the revolution by the worker groups like, the communists, socialists and others. The Trade Union Act came into being only 100 years ago. The present Trade Union Act saw the light of day in 1926. We are now in 2025 (100 years). Till now the workers have had their day.

To quote a few of the Acts which were introduced to protect worker’s rights, safety, welfare etc, the following Acts came into being;

• The Factories Act, 1948
• The shops and commercial establishments Act, 1961
• The payment of wages Act,1936
• The Minimum wages Act, 1948
• The Trade union Act, 1926
• The Industrial Disputes Act, 1947
• The Industrial Employment (standing orders) Act, 1946
• The Gratuity Act ,1972
• The Bonus Act, 1965
• The PF Act, 1925
• The ESI Act, 1948
• The contract Labour (Regulation and Abolition) Act, 1970 etc.

And now the Government is preparing to codify the plethora of the various labour Acts.
Industrial relations in this growth of interaction between employees and employers saw a miserable period for employers around 1970s, particularly during the declaration of emergency in India when employers were waylaid, beaten up, factories were set on fire etc. this was the period when the partners of R & M Associates were also threatened with arrest/incarceration for advising employers.

In our practice of Industrial Relations, we find an era of a full circle taking place, where in trade unions have almost exhausted themselves and we find a weakening of their strength, but find employers have to shed their fear of unions and the past era of dominance of the working force and the various laws made against employers. In our practice we have found the Factories Act good, made for the protection, safety, welfare of the child, lady workers etc, but the same and endless rules for its implementation have been misused by the concerned authorities to threaten the employers, instead of enlightening them/guiding them to implement rules made for the welfare, safety, health etc of the workers.

The Industrial Disputes Act 1947 and many of its provisions still continue to protect employees, particularly the mischievous and incorrigible ones, some of the provisions named below are examples;

1. Section-2oo(a) where a worker is free to retire at his will and no questions asked, whereas the same
right to retire an incompetent, disabled worker is not available to the employer, but he has to continue with him.

2. Section 9(a) provides that no employer who proposes to effect any change in the conditions of service applicable to him cannot be done without giving notice and without getting entangled in litigation, though this restriction is not applicable to Government and civil services.