INDUSTRIAL DISPUTES

4. Tripartite Bodies
•The purpose of consultative machinery is to
bring the partners together for mutual
settlement of differences in spirit of
cooperation and goodwill.
•TRIPARTITE BODIES Tripartism is a system of
labour relations in which the state, employers, and
workers are autonomous yet interdependent
partners, pursuing common interests and
participating in decisions affecting them in a
binding spirit of mutuality and reciprocity.
 5. Code of Discipline
• To maintain harmonious relations and promote industrial peace, a Code of
Discipline has been laid down which applies to both public and private
sector enterprises. It specifies various obligations for the management and
the workers with the objective of promoting cooperation between their
representatives. The basic objectives of Code of Discipline are to:
• Maintain peace and order in industry.
• Promote constructive criticism at all levels of management and employment.
• Avoid work stoppage in industry.
• Secure the settlement of disputes and grievances by a mutually agreed
procedure.
• Avoiding litigation.
• Facilitate a free growth of trade unions.
• Eliminate all forms of coercion, intimidation and violations of rules and
regulations governing industrial relations.
 6. Standing Orders
Standing Orders’ means rules of conduct for workmen
employed in industrial establishments.
Majority of the industrial disputes are related to
conditions of employment. To prevent this,
Standing orders are formulated. It was made
obligatory that standing orders should govern the
conditions of employment under the Industrial
Employment (Standing Orders ) Act of 1946. The
Standing Orders regulate the conditions of
employment from the stage of entry to the stage of
exit.
 CONCILIATION
• It refers to the process in which representatives of
employees and employers come together to a third
party in a view to discuss the dispute and reconcile
their differences and conclude to an agreement by
mutual consent.
• In this process the third party known as a facilitator. In
this type of dispute, the state intervenes for the
settlement process. This act gives power to the Central
& State Governments in order to appoint an officer
known as conciliation officer and board for
conciliation whenever circumstance needed.
 1. CONCILIATION
1. Works committees:
• This committee represents workers and employers. Under
the Industrial Disputes Act 1947, works committees exist
in industrial establishments in which one hundred or more
workmen are employed during the previous year.
• It is the duty of the works Committee to promote measures
for securing and preserving amity and good relations
between the employers and workers. It also deals with
certain matters viz. Condition of work, amenities, safety
and accident prevention, educational and recreational
facilities.
2. Conciliation officers:
• Conciliation Officers are appointed by the government
under the Industrial Disputes Act, 1947.
(i) To conduct proceedings of conciliation in a view to conclude
the settlement between concerned parties amicably.
(ii) Send the settlement report and a memorandum to the
appropriate government.
(iii) Send a report to the government regarding what steps
taken by him in case the process of settlement does not come
to an end.
(iv) However, the officer for conciliation cannot force for a
settlement. He can only request and support the parties to
conclude an agreement. The Industrial Disputes Act restricts
strikes and deadlocks during the ongoing proceedings of
conciliation.
3. Boards of Conciliation:
• The government can also appoint a Board of Conciliation
for promoting settlement of Industrial Disputes. The
chairman of the board is an independent person and other
members (may be two or four) are to be equally
represented by the parties to the disputes. The duties of
the board include:
(a) To investigate the dispute and all matters affecting the
merits and do everything fit for the purpose of inducing
the parties to reach a fair and amicable settlement.
(b) A report has to be sent to the government by the board
if a dispute has been settled or not within two months of
the date on which the disputes were referred to it.
 ARBITRATION
• The employer and employees may agree to settle
the dispute by appointing an independent and
impartial person called Arbitrator. Arbitration
provides justice at minimum cost.
• As a form of alternative dispute resolution,
arbitration proceedings can either be binding or
non-binding. The former simply means the
decision is final and enforceable, while the latter
that the arbitrator's ruling is advisory and can
only be applied if both parties agree to it.
 ADJUDICATION
• It is the final legal option for settlement of
Industrial Dispute. It means a legal
authority appointed by government who
intervenes in order to make a settlement
which is binding on both the parties.
• In other words, a settlement of an Industrial
dispute by a labour court or a tribunal is
mandatory. For the process of adjudication,
the Act provides a piece of 3-tier machinery.
 ADJUDICATION
1. Labour courts:
• As per the second schedule of the Industrial Dispute Act 1947.
• The government sets up Labour Courts to deal with matters
such as:
– 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.
 ADJUDICATION
2. Industrial Tribunals:
• A Tribunal is appointed by the government for the adjudication
of Industrial disputes, Matters relating to the following are:
– Retrenchment of labour.
– Compensatory and other allowances and rules of the discipline 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.
 ADJUDICATION
3. National Tribunal:
• A National tribunal is constituted by the Central
government for Industrial Disputes involving
question of national importance like:
– 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.