Machineries provided for settlement of disputes by industrial disputes act, 1947

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  • 1. MACHINERIES PROVIDED FOR SETTLEMENT OFDISPUTES BY INDUSTRIAL DISPUTES ACT, 1947. BY MANISHA VAGHELA
  • 2. INTRODUCTION TO INDUSTRIAL DISPUTES ACT, 1947.2 Prior to the year 1947, Industrial Disputes were being settled under the provisions of the Trade Disputes Act, 1929. Experience of the working of the 1929 Act revealed various defects which needed to be overcome by a fresh legislation. Accordingly the Industrial Disputes Bill was introduced in the Legislature. The Bill was referred to the Select Committee. On the recommendations of the Select Committee amendments were made in the original Bill. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 3. 3 The Industrial Disputes Bill having been passed by the Legislature received its assent on 11th March, 1947. It came into force on 1st April, 1947 as THE INDUSTRIAL DISPUTES ACT, 1947. The Industrial Disputes Act, 1947 is a Piece of Central Legislation enacted to both employers and employees and thereby promote industrial progress. The Act extends to the whole of India and applies to every industrial establishment carrying on any business, trade, vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 4. 4 manufacture or distribution of goods and services, irrespective of the number of workmen employee therein. The Industrial Dispute Act, 1947 armed the government with powers which could be used whenever it considered fit to intervene in Industrial Disputes. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 5. DEFINITION OF Industrial Disputes.5 “Industrial Disputes means any dispute or difference between employers and employers, or employers and workmen or between workmen and workmen which is connected with employment or non-employment or terms of employment or conditions of labour of any person.” - Industrial Disputes Act, 1947 [Section 2(k)]. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 6. 6 Industrial Disputes means any conflicts, unrest or dissentation between the workers and the management on any ground. Industrial strifes constitute militant and organized protest against existing industrial condition. They are symptoms of industrial unrest in the same way that boils are symptoms of a disorder of body. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 7. ESSENTIALS OF Industrial Dispute Act, 1947.7 There must be a dispute or difference. The dispute or difference must be between employers & employers or between employers & workmen or between workmen & workmen. The dispute or difference must be connected with employment or non- employment or terms of employment or with the condition of labor of any person. Dispute should be related to working industry. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 8. OBJECTIVES OF INDUSTRIAL DISPUTE ACT, 19478 To make provision for the investigation of settlement of industrial dispute and for certain other purposes. To ensure the industrial peace. To ensure harmonious relations through monitoring of industrial relations in the organization. To implement the settlement of disputes. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 9. RELEVANT ILO STANDARDS9 The International Labor Organization [ILO] has set up International Standards related to labor matters including industrial dispute settlement. The ILO conventions and recommendations which are relevant to industrial dispute settlements are as follows: vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 10. 10 The termination of employment convention, 1982. Examination of grievance recommendation, 1967. Voluntary conciliation and arbitration recommendation, 1951. Collective bargaining convention, 1981. The tripartite consultation [International Labor Standards] convention, 1976. Right to organize collective bargaining convention, 1948. The freedom of association and protection of right to organize convention, 1948. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 11. Machineries provided for settlement of disputes by Industrial Disputes Act, 1947.11 The Industrial Disputes Act provides an elaborative and effective machineries for bringing about Industrial Peace in an organization by setting up the following Authorities for the Investigation and Settlement of industrial Disputes. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 12. 12 Works Committee [Sec. 3].  Industrial Tribunals [Sec. 7(A)]. Conciliation Officer [Sec. 4].  National Tribunals [Sec. 7(B)]. Board of Conciliation  Voluntary Arbitration [Sec. 5]. [Sec. 10(A)]. Courts of Inquiry [Sec. 6].  Adjudication. Labor Courts [Sec. 7].  Mediation. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 13. Works committee13According to Section 3, of the act empowers the appropriate government to require an employer of any industrial establishment where 100 or more workmen are employed or have been employed on any day in the preceding 12 months to constitute a Works Committee. This committee consists of representatives of the employer and the workmen engaged in the establishment so that the number of representatives of the workmen is not less than number of vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 14. representatives of the employer.14 The representatives of the workmen shall be chosen among the workmen engaged in the establishment and in consultation with their trade unions, if any, registered under the Trade Unions Act,1926. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 15. 15 The duty of the works committee is to promote measures for securing and preserving amity and good relations between the employer and the workmen, and to that end to comment upon matters of their common interest or concern and endeavor to compose any material difference of opinion in respect of such matters. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 16. Conciliation Officer16 According to Section 4, the appropriate government may, by notification in the official gazette, appoint such Conciliation Officers, charged with the duty of mediating in and promoting the settlement of industrial disputes. A Conciliation Officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and his appointment may be permanent or vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA temporary.
  • 17.  The Conciliation Officer for the purpose of bringing about a17 settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the disputes. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 18. Board of Conciliation18 According to Section 5, the appropriate government may as occasion arises by notification in the official gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute. A Board shall consist of a chairman and two or four other members, as the appropriate government thinks fit. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 19.  The chairman shall be an independent person and the other19 members shall be persons appointed in equal numbers to represent the parties to the dispute. Board of Conciliation enjoy more powers than those enjoyed by Conciliation Officer. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 20. Courts of Inquiry20 According to Section 6, The appropriate government may as occasion arises by notification in the official gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute. A Court may consist of one independent person or of such number of independent persons as the appropriate government may think fit and where a Court consists of two vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 21. 21 or more members, one of them shall be appointed as the chairman. A Court, having the prescribed quorum, may not act withstanding the absence of the chairman or any of its members or any vacancy in its member. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 22. Labor Courts22 According to Section 7, The appropriate government may, by notification in the official gazette, constitute one or more Labor Courts for the adjudication of industrial disputes relating to any matter and for performing many other functions as may be assigned to them, under this Act. A Labor Court shall consist of one person only to be appointed by the appropriate government. The Labor Court has an vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 23. 23inherent right in the interest of justice to seek proper assistance and grant ‘leave’ to a party before it is represented by a legal practitioner. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 24. Industrial Tribunals24 According to Section 7[A], the appropriate government may, by notification in the official gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter and for performing many other functions as may be assigned to them under this Act. An Industrial Tribunal shall consist of one person only to be appointed by the appropriate government. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 25. 25 Generally, Industrial Tribunal are appointed for adjudicating on the matters which have failed to form a solution through the other machinery of conciliation authorities .These Tribunals are somewhat different from courts though they have been empowered to adjudicate on industrial disputes. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 26. National tribunals26 According to Section 7[B], The Central Government may, by notification in the official gazette, constitute one or more National Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 27. 27 A National Tribunal shall consist of one person only to be appointed by the Central Government. The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 28. Voluntary Arbitration28 Voluntary Arbitration is one of the recognized and democratic ways for settling industrial dispute it is the best method for resolving industrial conflicts and is a close supplement to collective bargaining. It is quicker way of settling industrial dispute. It is the functioning of democracy in industry that inculcates some degree of union management accommodation. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 29. 29 Voluntary Arbitration in India was introduced and experimented for the first time in textile industry of Ahmadabad as far back as 1920 under the initiative and guidance of Mahatma Gandhi. The Industrial Dispute Act, 1947 as originally passed, did not contain any provision for Voluntary Arbitration. In 1956,this act was amended and a new Section 10 [A] was inserted providing for voluntary reference of disputes to arbitration. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 30. 30 The National Arbitration Promotion Board [NAPB] was set up by the government of India in 1967 to strengthen the system of Voluntary Arbitration in our country. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 31. Adjudication31 Adjudication means a mandatory of industrial disputes by Labor Courts or Industrial Tribunals or National Tribunals under this act or under any other corresponding state statues. The government generally refers an industrial dispute for adjudication on failure of conciliation proceedings. Adjudication machinery has exercised considerable influence on several aspects of conditions of work. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 32. 32 By and large the ultimate legal remedy for the settlement of an unresolved dispute is its reference to Adjudication by the appropriate government. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 33. Mediation33 Mediation is a process in which top parties involved in contract negotiation by which an outside party is called in by union and management to help them reach a settlement. The mediators function is to provide a positive environment for dispute resolution by drawing on extensive professional experience in the field of labor management interaction. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 34. 34 A mediator must possess attributes such as integrity, impartiality, and fairness. A mediator must be effective communicator, should know the importance of timing and must have trust and confidence of the parties. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 35. Conclusion35This act ensures harmonious relations through:a) Monitoring of industrial relations in Central Sphere.b) Intervention, mediation and conciliation in industrial disputes in order to bring about settlement of disputes.c) Intervention in situations of threatened strikes and lockouts with a view to avert the strikes and lockouts.d) Implementation of settlements and awards. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 36. 36 The Industrial Disputes Act, 1947 is a piece of Central Legislation enacted to both employers and employees and thereby promote industrial progress. The Act extends to the whole of India and applies to every industrial establishment carrying on any business, trade, manufacture or distribution of goods and services, irrespective of the number of workmen employee therein. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
  • 37. BIBILIOGRAPHY37 Labour Laws. By - Taxmann’s. Publication: Taxmann Allied Services Pvt. Ltd. Industrial Relation. By - A.M. Sarma. Publication: Himalaya Publishing House. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA