The Grievance Redressal Machinery in India is a multi-layered system designed to resolve individual and collective disputes within an industrial establishment. Unlike the adjudication process (Tribunals/Courts) which is often adversarial and time-consuming, grievance machinery focuses on resolving conflicts at the earliest possible stage, ideally within the workplace.
1. Statutory Machinery: The Industrial Disputes Act, 1947
The primary legal framework for grievance handling was formalized through the Section 9-C amendment to the Industrial Disputes Act.
Grievance Redressal Committee (GRC)
Establishment: Every industrial establishment employing 20 or more workmen is required to have one or more Grievance Redressal Committees.
Composition:
The committee must consist of an equal number of representatives from the employer and the workmen.
The total number of members should not exceed six.
The chairperson should be selected from the employer and the workmen alternatively on a rotation basis.
Function: To resolve disputes arising out of individual grievances.
Timeline: The committee must complete its proceedings within 30 days of receiving a written grievance.
Appeal: If a workman is dissatisfied with the decision of the GRC, they may appeal to the employer, who has one month to dispose of the appeal and provide a copy of the decision to the workman.
2. Voluntary Machinery: The Model Grievance Procedure
In addition to statutory requirements, the Code of Discipline (1958) introduced a "Model Grievance Procedure" which many Indian industries follow voluntarily to ensure harmony. It typically follows a step-by-step ladder approach:
The Step-Ladder Process
Step 1: Immediate Supervisor: The aggrieved worker presents the grievance to the departmental head or supervisor. If not resolved within 48 hours, it moves to the next stage.
Step 2: Departmental Head: If the worker is unsatisfied with the supervisor's response, they go to the Departmental Head. A decision is expected within three days.
Step 3: Grievance Committee: If the matter remains unresolved, it is referred to the Grievance Committee (comprising management and union representatives). They are usually given seven days to reach a recommendation.
Step 4: Management Appeal: If the committee's decision is not unanimous or acceptable, the worker can appeal to the top management. A final decision from management is expected within a week.
Step 5: Voluntary Arbitration: If the internal steps fail, the parties may mutually agree to refer the matter to voluntary arbitration.
3. The Works Committee (Section 3)
While the Works Committee is primarily a consultative body for general welfare, it often acts as the first line of grievance prevention.
Mandatory for establishments with 100 or more workers.
Its duty is to "promote measures for securing and preserving amity and good relations."
By discussing day-to-day friction points (like canteen quality, lighting, or shifts), it prevents small complaints from blowing up into formal grievances.
4. Internal Complaints Committee (ICC)
For a specific type of grievance—Sexual Harassment—the machinery is governed by the POSH Act, 2013.
Every workplace with 10 or more employees must constitute an ICC.
It must be headed by a woman and include an external member (NGO or legal expert).
The ICC has the powers of a Civil Court to summon witnesses and evidence.
No comments:
Post a Comment