DISPUTE SETTLEMENT

MACHINERY
 TYPES
• COLLECTIVE BARGAINING
• MEDIATION
• CONCILIATION
• ARBITRATION
• ADJUDICATION:
1.Labour court.
2.Industrial tribunal.
3.National tribunal.
 MEDIATION
• ANCIENT & HONOURABLE PROCESS
• IIIRD PARTY IRON OUT THE DIFFERENCES.
• ASSISTS PARTY IN NEGOTIATION.
• ACTS AS CONFIDENTIAL ADVISOR.
• MESSENGER BTW PARTIES.
• EVALUATES POSITION OF EACH PARTY.
• HELPSTHEM TO ATTAIN ACCORD WITHOUT
GIVING ANY IMPOSING DECISION.
 ESSENTIALS
• CLIMATE OF CONSENT.
• IMPARTIAL & UNPREJUIDICED
PERSON.
• INFLUENTIAL & MUST INFUSE
CONFIDENCE IN PARTIES.
• GOOD LISTENER.
 CONCILIATION
INDUSTRIAL DISPUTES ACT 1947, CENTRAL OR
STATE GOVT.(APPROPRIATE) CAN APPOINT
CONCILIATION OFFICER BY NOTIFICATION IN
OFFICIAL GAZETTE TO THAT EFFECT.
Can be :
• appointed for specified industry in any area or for one or
more specified industries.
• Can be permanently appointed or for a limited period.
• No.of con. Officers to be appointed is determined by
miscelleneous legislation.
 CONCILIATION OFFICER
• For the disputes related to public utility services,
the conciliation proceedings must be held in
prescribed manner. In other cases its
discretionary.
• If settlement is reached he must send a report
together with the memorandum of settlement
signed by parties to appropriate govt.
• If no settlement is reached,the CO has to send
report setting forth the steps taken, & probable
reasons for the failure.(with in 14 days of
commencement ofconciliation proceedings).
 ……continued
• The app.govt may (in case of non
settlement) or may not refer the dispute to
any authority under the act.Non reference
requires proper communication & records.
 Board of of conciliation
• Ad hock body by app. govt.
• App govt. cannot refer criminal proceeding to CB.
• CB can enforce an award.
• Can not trust upon contending parties.
• CB may be constituted by notification in official gazette.
• CB consists of a Chairman (independent, unconnected
to dispute) & 2 to 4 member (representatives of parties).
 CONCILIATION PROCEEDINGS
• Appropriate govt. refers the dispute to the
CB when any industrial dispute has
occurred.
• When parties to dispute apply jointly or
seperatly for the refernce of dispute to the
board,then if govt. is satisfied that the
persons applying for are the majority of
their party then such reference can be
made.
The board enjoy following powers;
1. May enter the premises.
2. Can enforce the attendance of any
person & examine him on oath.
3. Can compel a party to produce relevant
document & objects.
4. Can issue a commission for examination
of witness.
 ARBITRATION
• Unlike conciliation the decision is binding
on both the parties in arbitration & also the
approach & spirit is different.
• No scope for compromise.
• A means of securing an award on a
conflicting issue.
 TYPES OF ARBITRATION
1. Voluntary arbitration: the parties to
dispute themselves refer voluntarily any
dispute to arbitration before its referred
for adjudication.its specially needed for
disputes arising under
agreements.Enforcement of the award
must not be necessary or binding though
in most of the cases it has to be
accepted.
2.COMPULSORY ARBITRATION:when
either of the agrieved party to dispute
applies to the app. Govt. fo.r the
settlement.
OR
Where the parties are forced to arbitration
by the state under compulsory
arbitration,the conditions can be:
1. Parties fail to arrive at a settelment by
volunary method.
2. Event of national emergency.
3. Nation in economic crisis.
4. Acute public dissatisfaction with the
existing IR System.
5. Ill balanced parties.
CA LEAVES NO SCOPE FOR STRIKES &
LOCKOUTS.
 ADJUDICATION
• THE ULTIMATE LEGAL REMEDY FOR
THE SETTLEMENT OF AN INDUSTRIAL
DISPUTE IS ITS REFERENCE TO
ADJUDICATION BY THE GOVT..
• PURPOSE IS TO DECIDE THE NATURE
OF FINAL SETTLEMENT.
 TYPES OF ADJUDICATION.
1. VOLUNTARY
2. COMPULSORY
 3 TIER SYSTEM
1. LABOUR COURT: for the disputes listed in
schedule 2 of the act.
CONSTITUTION of LABOUR COURT
• ONE PERSON ONLY.
1. Is or has been judge of high court.
2. Has been for atleast 3 monts a district judge.
3. Held judicial office for not less then 7 years.
4. Independent person.
5. Aged 65 years or more.
 Jurisdiction of LC
Deals with day to day matters. Matters specified in
2nd schedule are:
1. Standing order(terms of employment).
2. Application & interpretation of SO.
3. Discharge & dissmissal.
4. Withdrawl of customary concession or
privileges.
5. Illigality of strike or lockout.
 INDUSTRIAL TRIBUNAL
Appropriate govt. may appoint one or more IT . For
matters related to new demands & those in 3rd
schedule. Can be ad hoc or permanent.
CONSTITUTION OF IT
CONSISTS of one or more person such as:
1. Are or have been judges to high court.
2. District judge for not less then 3 years.
3. Have held the office of chairman or any
member of labor appellate for not less than 2
yrs.
 JURISDICTION OF IT
• WIDER JURISDICTION THAN LC.
• PROMOTION OF SOCIAL JUSTICE.
• Matters of 3rd schedule are:
1. Relating to wages.
2. Hrs of work & rest issues.
3. Leaves , with wages & holidays.
4. Bonuses , PFs Gratuity.
5. Shift working .
6. Classifications of grades.
7. Rules,rationalisation.
8. Retrenchment & closure.
In India 12 central govt’s Its cum labour courts.
 NATIONAL TRIBUNALS
• Central govt. in notification in official gadzette
constitutes one or more NTs for adjudication.
• For disputes that involve questions of national
importance.
CONSTITUTION:
1. One person only:
• Is or has been judge of high court.
• Has held the office of chairman or any member
of labor appellate for not less than 2 yrs.
• If govt. thinks fit ,may appoint 2 persons as to
advice the NTs on the proceeding s before it.