26 Conflict, Cooperation and Bipartism: Forms of Industrial Conflict, Strikes and Lock-outs, Cooperation, Works Committees, Joint Management Councils and the Bipartite Machinery
26.1 Two Sides of the Same Coin
Industrial relations contains both opposition and partnership. Where interests differ, conflict surfaces — in strikes, lock-outs, slowdowns, demonstrations. Where interests overlap, cooperation is built — in joint committees, council meetings, consultative bodies. The institutional architecture that channels both between just two parties — workers and employers — is called bipartism. This chapter covers the forms of conflict (and the legal lines around them), the philosophy of cooperation, and the Indian bipartite institutions: works committees, joint consultation, joint management councils.
26.2 A · Industrial Conflict
26.2.1 Concept
Industrial conflict is any expression of dissatisfaction or disagreement between workers (collectively) and employers about wages, working conditions, discipline, or any other term of employment. It is the collective counterpart to the individual grievance.
26.2.2 Causes of Industrial Conflict
| Family | Examples |
|---|---|
| Economic | Wages, bonus, allowances, working hours, leave |
| Managerial | Disciplinary action, dismissals, retrenchment, lay-off, work-load |
| Union-related | Recognition, multiplicity, inter-union rivalry, victimisation of office-bearers |
| Political and ideological | Affiliation of unions with political parties; broader social movements |
| Social and psychological | Status, dignity, communication failure, perceived unfairness |
26.2.3 Forms of Industrial Conflict
| Form | Description |
|---|---|
| Strike | Collective stoppage of work by workers |
| Lock-out | Closure of the workplace by the employer to enforce demands |
| Gherao | Surrounding the manager / officer to prevent movement |
| Go-slow | Deliberate reduction in pace of work while remaining on the job |
| Work-to-rule | Strict adherence to the rule book, slowing operations |
| Demonstrations / processions | Public display of grievance |
| Boycott | Refusal to deal with the firm’s goods or services |
| Picketing | Posting workers outside the workplace to dissuade others from entering |
26.2.4 Strike — Statutory Definition
The Industrial Disputes Act 1947 (Section 2(q)) defines strike as a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment.
26.2.5 Types of Strike
| Type | Description |
|---|---|
| Economic strike | Over wages, bonus, allowances |
| Sympathetic strike | In support of another union’s struggle |
| General strike | Across many industries or a whole region |
| Sit-down (stay-in) strike | Workers occupy the workplace but stop work |
| Slowdown strike | Reduced pace while staying on the job (overlaps with go-slow) |
| Token strike | Brief, symbolic stoppage to register protest |
| Hunger strike | Workers refusing food in protest |
| Wildcat strike | Sudden, unauthorised strike without union sanction |
| Lightning strike | Sudden strike without prior notice |
26.2.6 Lock-out — Statutory Definition
Section 2(l) of the ID Act defines lock-out as the temporary closing of a place of employment, the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.
26.2.7 When are Strikes / Lock-outs Illegal? (Section 22-24, ID Act)
| Condition | Public utility | Non-public utility |
|---|---|---|
| Notice of strike / lock-out | Mandatory — 6 weeks prior; minimum 14 days; not before expiry | Not mandatory unless agreement says so |
| During conciliation | Prohibited | Prohibited |
| During adjudication | Prohibited | Prohibited |
| During pendency of settlement / award | Prohibited | Prohibited |
A worker in a public-utility service must give 14 days’ notice within a 6-week window before going on strike. NTA stems frequently test the 14-day and 6-week figures.
26.2.8 Effects of Strikes / Lock-outs
- Workers — wage loss, possible job loss, hardship for families.
- Employers — lost production, lost orders, fixed-cost burden.
- Economy — output loss, investor uncertainty, ripple effects on suppliers.
- Society — disrupted services (especially in public utilities), loss of public goodwill.
26.3 B · Industrial Cooperation
26.3.1 Concept
Industrial cooperation is the willing, conscious effort of workers and employers to work together for common goals — productivity, quality, safety, sustainability — beyond the bare bargaining of terms.
26.3.2 Foundations of Cooperation
- Mutual recognition — each side accepts the other’s legitimacy.
- Shared information — transparent communication on performance, plans, problems.
- Joint problem-solving — committees that work together rather than negotiate against each other.
- Trust over time — built through small commitments kept.
- Equity of gain-sharing — workers see a fair share of improvements.
26.3.3 Forms of Cooperation
| Form | Description |
|---|---|
| Joint consultation | Management seeks worker views before decisions |
| Joint problem-solving / works committees | Joint bodies handle day-to-day issues |
| Workers’ participation in management | Voice in higher-level decisions |
| Productivity bargaining | Negotiated link between higher productivity and shared gains |
| Gain-sharing schemes | Scanlon, Rucker, Improshare |
| Joint safety committees | Joint responsibility for the safe workplace |
| Quality circles | Voluntary work-area problem-solving groups |
| Suggestion schemes | Channel for worker ideas |
26.4 C · Bipartism
26.4.1 Concept
Bipartism is the principle and practice of labour and management settling their relations directly — without the active intervention of the state — through agreement, negotiation and joint institutions. It contrasts with tripartism, in which the state actively shares decision-making with the two sides.
| Dimension | Bipartism | Tripartism |
|---|---|---|
| Parties involved | Two — labour, management | Three — labour, management, state |
| Role of the state | Hands-off; passive facilitator | Active participant |
| Decision-making | Negotiation between two sides | Tripartite consultation and agreement |
| Indian example | Works committees, JMCs, collective bargaining | Indian Labour Conference, Standing Labour Committee |
| Western example | UK-style voluntarism | Continental social-partnership models |
26.4.2 Advantages of Bipartism
- Ownership — solutions designed by the parties stick.
- Speed — fewer steps than tripartite or judicial processes.
- Flexibility — terms adapted to the workplace.
- Reduces external intervention in workplace relations.
- Builds problem-solving capacity on both sides.
26.4.3 Limitations of Bipartism
- Works only when both sides recognise each other as legitimate.
- Power imbalance may produce unfair outcomes.
- Wider public interest (consumers, environment, taxpayer) is not represented.
- Works less well in fragmented or weakly-unionised industries.
26.5 D · Bipartite Machinery in India
India has three principal bipartite institutions at the workplace level — works committees, joint management councils and collective bargaining itself.
26.5.1 Works Committees — ID Act 1947, Section 3
The Industrial Disputes Act 1947, Section 3, requires every establishment in which 100 or more workers are employed (or have been employed during the preceding 12 months) to constitute a works committee when the appropriate government so directs.
| Feature | Detail |
|---|---|
| Statute | ID Act 1947, Section 3 |
| Threshold | 100 or more workers |
| Composition | Equal number of representatives of employer and workers |
| Workers’ representatives | Chosen in consultation with the registered trade union (if any) |
| Functions | Promote measures securing and preserving amity and good relations between the employer and workers; deal with common issues |
| Limits | Advisory; not a substitute for collective bargaining; does not handle major substantive disputes |
26.5.2 Issues Typically Discussed by Works Committees
- Working conditions, ventilation, lighting, sanitation.
- Welfare amenities — canteen, rest rooms, drinking water.
- Safety and accident prevention.
- Holidays, leave, transport.
- Educational and recreational schemes for workers.
- Not wages, bonus or substantive bargaining items.
26.5.3 Joint Management Councils (JMC) — 1958
The Joint Management Council scheme was launched in 1958 following the 15th Indian Labour Conference (1957) — modelled on the Yugoslav workers’ self-management and British joint consultation traditions.
| Feature | Detail |
|---|---|
| Launched | 1958 |
| Origin | 15th ILC, 1957; Study group visit to Europe (Sen committee) |
| Threshold | Establishments with 500 or more workers with a strong union |
| Composition | Equal representatives of management and workers (6 to 12 each) |
| Decisions | By consensus only |
| Scope | Consultative on welfare, training, working conditions; informative on production, safety, accounts; administrative on welfare administration |
| Status | Voluntary, not statutory |
Works committee: 100+ workers (statutory, ID Act 1947). JMC: 500+ workers, voluntary, 1958. NTA frequently tests this distinction.
26.5.4 Why the JMC Scheme Stalled
- Voluntary status — no statutory binding force.
- Union rivalry — multiple unions competed for representation.
- Limited subject scope — substantive issues remained outside.
- Suspicion — workers feared co-option; employers feared loss of control.
- Collective bargaining displaced consultation as the preferred mode.
26.5.5 Collective Bargaining as Bipartism
The third — and economically most consequential — bipartite institution is collective bargaining itself. Detailed treatment is in the next chapter; for now note that bargaining outcomes are bipartite agreements, binding under the ID Act (Section 18) when registered.
26.6 E · Other Bipartite Forms — Wider Picture
| Level | Body |
|---|---|
| Shop / department | Shop councils (recommended by 1975 scheme), safety committees, quality circles |
| Plant / establishment | Works committee, JMC, plant-level bargaining team |
| Industry / sector | Industry-level negotiating forums |
| National (sector-wide) | Some PSUs have national-level joint negotiating bodies |
26.6.1 The 1975 Scheme of Workers’ Participation
The Scheme of Workers’ Participation in Management (1975) (during the Emergency) provided for shop councils (at department level, in factories with 500+ workers) and joint councils (at plant level), with prescribed functions on production, welfare, safety and training.
26.7 F · Conflict, Cooperation and the Wider System
Conflict and cooperation are not opposites so much as two channels through which the IR system processes disagreement. A healthy IR architecture provides:
- Voice institutions that channel grievance before it becomes strike.
- Bargaining institutions that settle substantive issues.
- Consultative institutions that build cooperation.
- Dispute-settlement institutions (covered in the next chapters) that resolve what bargaining cannot.
26.8 Practice Questions
The statutory definition of "strike" appears in which Section of the ID Act 1947?
View solution
A works committee under the ID Act 1947 must be constituted in establishments employing how many workers?
View solution
The Joint Management Council scheme (1958) applied to establishments with at least:
View solution
In a public-utility service, workers must give how many days' notice before striking?
View solution
"Gherao" as a form of industrial conflict involves:
View solution
"Bipartism" in industrial relations refers to:
View solution
A "lock-out" is initiated by:
View solution
A "wildcat strike" is one that is:
View solution
Which is typically outside the scope of a works committee?
View solution
The Joint Management Council scheme was launched in:
View solution
Match the institution with its key feature:
| (i) | Works committee | (a) | Tripartite advisory |
| (ii) | Joint Management Council | (b) | Statutory, 100+ workers |
| (iii) | Indian Labour Conference | (c) | Department-level body, 1975 scheme |
| (iv) | Shop council | (d) | Voluntary, 500+ workers, 1958 |
View solution
"Go-slow" as a form of industrial conflict involves:
View solution
Which body is bipartite rather than tripartite?
View solution
A "sympathetic strike" is one called in:
View solution
Shop councils were provided for under:
View solution
Section 2(l) of the ID Act 1947 defines:
View solution
Which is not a typical form of industrial cooperation?
View solution
The Joint Management Council scheme was modelled partly on practices observed in:
View solution
A brief, symbolic stoppage by workers to register protest is best termed a:
View solution
A works committee under the ID Act 1947 consists of:
View solution
26.9 Quick Recall
- Industrial conflict = collective dissatisfaction between workers and employers; causes — economic, managerial, union, political, social.
- Forms of conflict: strike, lock-out, gherao, go-slow, work-to-rule, demonstrations, boycott, picketing.
- ID Act 1947 — Section 2(q) = strike; Section 2(l) = lock-out.
- Types of strike: economic, sympathetic, general, sit-down, slowdown, token, hunger, wildcat (unauthorised), lightning.
- Public-utility strike notice: minimum 14 days, within 6 weeks (Sections 22-24).
- Industrial cooperation — forms: joint consultation, works committees, workers’ participation, productivity bargaining, gain-sharing, joint safety committees, quality circles.
- Bipartism = labour + management (state hands-off); tripartism = labour + management + state.
- Works committee — ID Act 1947, Section 3: 100+ workers threshold; statutory; advisory on amity-building issues; equal representation.
- Joint Management Council (JMC) — 1958: 500+ workers; voluntary; modelled on Yugoslav + British practice. Largely stalled because voluntary and overshadowed by collective bargaining.
- Scheme of Workers’ Participation (1975) — shop councils (department level) + joint councils (plant level).
- Works committees and JMCs are bipartite; ILC and SLC are tripartite.