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    Concilliation and Arbitration

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    Priscilla Sherene MBA
    The Industrial Dispute Act of 1947 was enacted to provide mechanisms for resolving industrial disputes between employers and employees regarding wages, working conditions, and other employment issues. There are two types of industrial disputes: interest disputes about wage levels and other employment terms, and right disputes about workplace rules. The Act established several methods for settling disputes, including conciliation with a neutral conciliator, inquiries by courts appointed to investigate disputes, and arbitration that can be voluntary or compulsory through labor courts, industrial tribunals, and national tribunals. The conciliator investigates disputes and tries to help the parties reach an agreement, while the courts and tribunals can make binding decisions.

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    Concilliation and Arbitration

    Uploaded by

    Priscilla Sherene MBA
    23 views3 pages
    The Industrial Dispute Act of 1947 was enacted to provide mechanisms for resolving industrial disputes between employers and employees regarding wages, working conditions, and other employment issues. There are two types of industrial disputes: interest disputes about wage levels and other employment terms, and right disputes about workplace rules. The Act established several methods for settling disputes, including conciliation with a neutral conciliator, inquiries by courts appointed to investigate disputes, and arbitration that can be voluntary or compulsory through labor courts, industrial tribunals, and national tribunals. The conciliator investigates disputes and tries to help the parties reach an agreement, while the courts and tribunals can make binding decisions.

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    Concilliation

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    The Industrial Dispute Act of 1947 was enacted to provide mechanisms for resolving industrial disputes between employers and employees regarding wages, working conditions, and other employment issues. There are two types of industrial disputes: interest disputes about wage levels and other employment terms, and right disputes about workplace rules. The Act established several methods for settling disputes, including conciliation with a neutral conciliator, inquiries by courts appointed to investigate disputes, and arbitration that can be voluntary or compulsory through labor courts, industrial tribunals, and national tribunals. The conciliator investigates disputes and tries to help the parties reach an agreement, while the courts and tribunals can make binding decisions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views3 pages

    Concilliation and Arbitration

    Uploaded by

    Priscilla Sherene MBA
    The Industrial Dispute Act of 1947 was enacted to provide mechanisms for resolving industrial disputes between employers and employees regarding wages, working conditions, and other employment issues. There are two types of industrial disputes: interest disputes about wage levels and other employment terms, and right disputes about workplace rules. The Act established several methods for settling disputes, including conciliation with a neutral conciliator, inquiries by courts appointed to investigate disputes, and arbitration that can be voluntary or compulsory through labor courts, industrial tribunals, and national tribunals. The conciliator investigates disputes and tries to help the parties reach an agreement, while the courts and tribunals can make binding decisions.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    INTRODUCTION

    The Industrial Dispute Act, 1947 came into existence in April 1947 .
    It was enacted for investigations and settlement of industrial dispute
    to ensure fair wages and other safeguards to the workers.
    Definition
    According to the section 2(k) of this act , the industrial disputes  means any dispute or difference between
    employers and employee or between workman or employer or between workman or workman , which is
    connected with the employment or non employment or with the condition of labour , or of any person. 

    Two types of industrial disputes


    There are basically two type of industrial disputes :- 

     Interest disputes
     Right disputes 

    Interest disputes relate to determination of new wage level and other matter of employment.
    Right disputes relate to the rules made for the
    There are various major industrial dispute settlement machinery which are as follow: -

    1. Conciliation 
    2. Court of inquiry 
    3. Voluntary arbitration 
    4. Compulsory arbitration ( adjudication) 

    I Conciliation 

    Conciliation is where a impartial third party known as conciliator, assist the parties in reaching a mutually
    agreed settlement of dispute.
    Conciliation under the Industrial dispute act 
    section 4 of the industrial dispute act , 1947 states the Conciliation officers :- 
    1) The Government, appoint conciliation officers
    2) He does the duty of mediating in and the settlement of industrial disputes.
    3) A Conciliation officer may be appointed for a specified industries
    4) The duties of conciliation officers:- 
    5) 1) The conciliation officer may hold the conciliation proceedings
    6) 2) The conciliation officer shall investigate the matter
    7) 3) If the settlement is arrived at , the conciliation officer shall send a report to the government.
    8) 4) If no such settlement is arrived at , the conciliation officer shall send a report to the
    government mentioning the
    9) 5) The report shall be submitted within 14 days

    II Court of inquiry 
     The Government appoint a Court of Inquiry
     It is formed relevant to an industrial dispute.
     A Court may consist of one independent person or many independent persons
     If a Court consists of two or more members, one of them shall be appointed as the chairman.

    III Arbitration under the Industrial dispute act


    Arbitration is a mechanism in which a dispute is resolved by a impartial third party whose decision is
    final and binding upon the parties.
    There are two types of arbitration :- 

     Voluntary arbitration 
     Compulsory arbitration

    Voluntary Arbitration 
     In this , the parties themselves agree on their own to use an outside party , to settle their disputes .
     It is non binding in nature.
    VI Compulsory Arbitration(Adjudication)
     Compulsory arbitration is one where the parties are required to accept arbitration without any
    willingness on their party .
     It is also non binding in nature .
    Tier of Adjudication 

     Labour Courts 
     Industrial Tribunals
     National Tribunals 

    Labour Court

    Powers of labour courts are:

     Discharge or grant of relief to workmen


     To determine the illegality of a strike or deadlocks.
     concession or privileges are withdrawn by this court.

    Industrial Tribunal

     Retrenchment of labour.
     Compensatory and other allowances and rules of the disciple in the workplace.
     If the company is in profit, then matter related to bonus and profit sharing.
     Work manual such as hours of working and interval for rest.
     Wages and provident fund of workmen.
     National Tribunal

    The central government ma, constitute one or more National Tribunals for the adjudication of Industrial
    Disputes in:

     National matters.
     Matters in which industries are more than in one state
     The duty of the National Tribunal is to hold its proceedings fast
     submit its report to the central government

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