Unit 6
Unit 6
Unit 6
Code of Discipline:
It was introduced in the year 1958 and is applicable
to both public and private sector enterprises. This
lays down the guidelines for
workers/employees/workmen, unions and
employers. It aims to prevent dispute though
negotiations without the interference of an outside
agency. There is no legal liability or punishment and
it involves only moral sanctions. There is no legal
liabilities or punishment and it involves only moral
sanctions.
Settlement Machinery of Industrial Conflicts. (statutory )
• Conciliation:
• It is a process in which a third party is roped in to solve the
dispute between the employer and employees. The third
party helps in reconciling the differences and arriving at a
mutual agreement for an amicable settlement of agreed
solution. The central and state governments have the power
to appoint conciliation officer or a board of conciliation
under industrial disputes act,1947.
• The board of conciliation consists of equal representatives
from the employers and employees end.
• The third party is a facilitator and cannot force the involved
parties to accept the decision in order to arrive at a
settlement. During the process of conciliation ,the involved
parties cannot indulge in strikes and lockouts.
Settlement Machinery of Industrial Conflicts. (statutory )
• Court of Inquiry:
The government has a power to set up a court of
inquiry in case the matter is not resolved under the
conciliation method. The body is a fact finding body
that has to submit its report to the government
within six months. The aim of setting up a court of
inquiry is to promote the settlement of an industrial
dispute.
Settlement Machinery of Industrial Conflicts. (statutory )
• Arbitration:
• Under the process, a third party is involved to
settle down the disputes between the aggrieved
parties. In this case ,the involved parties represent
their respective situations before the arbitrator or
group of arbitrators. Based on the information
provided to the arbitrator(S), and his/their
investigation, he/they give(S) a judgement, which
is binding on the both the parties.
• Voluntary arbitration: both the parties appoint a
neutral arbitrator, who provides verdict on the
same. Verdict is not a legal binding.
Settlement Machinery of Industrial Conflicts. (statutory )
• Adjudication:
• This is the ultimate or last step resort for the
dispute resolution. In case, the conciliation
process fails, the government appoints a third
party to resolve the matter. Under this, the matter
may be referred to the labour courts, Industrial
tribunal and national tribunal. It is a three-tier
system for the resolution of Industrial disputes.
Settlement Machinery of Industrial Conflicts. (statutory )
• Labour Court
• For the adjudication of industrial disputes relating to the
specified matters in the second schedule of the act, the
appropriate government may by notification constitute one
or more labour court. Powers of labour courts are:
• Discharge or grant of relief to workmen who are wrongfully
employed or dismissed.
• To determine the illegality of a strike or deadlocks.
• Customary concession or privileges are withdrawn by this
court.
• Within the specified period the order referring to the
dispute, its report is to be submitted to the appropriate
government, whenever an industrial dispute adjudicating by
the labour court.
• .
Settlement Machinery of Industrial Conflicts. (statutory )
• National Tribunal
• The central government may, by notification in the
official Gazette, constitute one or more National
Tribunals for the adjudication of Industrial Disputes in:
• National matters.
• Matters in which industries are more than one state, or
are affected by the outcome of the dispute.
• The duty of the National Tribunal to hold its
proceedings fast and submit its report to the central
government within the specified time given.
• There are 14 tribunals in India
Settlement Machinery of Industrial Conflicts. (statutory )
• Industrial tribunal
• For the adjudication of the industrial disputes, the appropriate
government may, by notification constitute one or more industrial
tribunals. Matters relating to the following are:
• Retrenchment of labor.
• 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.
• The duty of the Industrial Tribunal to hold its proceedings fast and
submit its report to the state government within the specified
time given(2mths or may be fixed by respective government).
• https://cgit.labour.gov.in/