An Analysis on Economic Coercion

  • K.R. Kishore Chanduru and M. Mahesha Riti
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  • K.R. Kishore Chanduru

    Assistant Professor at VELS School of Law, VELS Institute Of Science And Technology And Advanced Studies, India

  • M. Mahesha Riti

    Dean & Professor at Faculty of Law, GLS University, Ahmedabad, Gujarat, India

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Abstract

The Indian Industrial Disputes Act of 1947 is the main topic of this article's thorough examination of economic coercion in the context of labor and industrial relations. The Act creates a legal framework for resolving labor disputes, encouraging goodwill among employers and workers, and controlling the use of various forms of economic coercion in negotiating processes. Strikes, lockouts, layoffs, retrenchments, closures, disciplinary measures, and domestic investigations are examples of tools used in economic coercion. Through these methods, parties engaged in labor conflicts can influence one another in order to get the results they want. The Act's provisions pertaining to major economic coercion mechanisms are described in full in this article. These mechanisms include lockouts (Section 2(1)), strikes (Section 2(q)), layoffs (Section 2(KKK)), retrenchments (Section 2(OO)), and closures (Section 2(cc)). It draws attention to the penalties for infractions, the effects of unfair labor practices, and steps including modifying employment terms (Section 9A) and prohibiting unfair labor practices (Sections 25T and 25U). The paper also stresses how crucial it is to follow natural justice principles while dealing with disciplinary measures and domestic investigations. In order to avoid being abused as a means of imposing economic pressure, it also addresses the "hire and fire" policy and its restrictions. In order to reduce illegal economic coercion, the article ends with a number of recommendations. These include boosting Act adherence, increasing open communication, developing cooperative work cultures, fortifying dispute resolution procedures, and making sure the Act is properly enforced.

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International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 1120 - 1126

DOI: https://doij.org/10.10000/IJLMH.118596

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