Machinery to solve industrial dispute vc


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Machinery to solve industrial dispute vc

  1. 1. Industrial Dispute 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.
  2. 2. Industrial conflicts constitute militant and organised protests against existing industrial conditions. • They are symptoms of industrial unrest. • The term ‘industrial dispute’ as described in the Industrial Disputes Act, 1947 is characterized by the following features. •
  3. 3. Features of the term ‘industrial dispute’. • • • • • There should be a Difference or Dispute. The dispute could be between Employer-employer, Employee-employee Or Employer-employee. The dispute must pertain to some work-related issue. The dispute must be raised by a group or class of workers. For example: the dispute between one or two workers and the respective employer is not an industrial dispute.
  4. 4.  Reasons: › Property › Holdings & Stakes › Policy dispute › Ownership etc.,
  5. 5.  Reasons › Work Problems › Quarrels › Senior – Junior problems › Ragging
  6. 6.  Reasons › Salary › Wages › Bonus › Safety › Welfare › Health › Retrenchment › Lockouts. etc
  7. 7. Employer and Employee dispute
  8. 8. To maintain › Industrial Peace › Industrial Harmony › Hygiene & Health
  9. 9. Machineries Conciliatory Works Committee Adjudication Arbitration Board of Conciliation National Tribunal Labour Court Conciliation Officer Industrial Tribunal Third Party Arbitration
  10. 10.  Negotiations between an employer and a group of employees so as to determine the conditions of employment.  The result of collective bargaining procedures is a collective agreement.  Employees are often represented in bargaining by a union or other labor organization.
  11. 11.   Conciliation refers to the process by which representatives of employees and employers are brought together before a third party with a view to discuss, reconcile their differences and arrive at an agreement through mutual consent. Also Termed as Collective Bargaining…….. Conciliatory Works Committee Board of Conciliation Conciliation Officer
  12. 12.  This is the primary machinery in resolving dispute.  It is present in Factories employing 100 or more workers.
  13. 13.  Equal proportionate Representation of members in works committee.  Trade Union engaged in selection of workmen selection amongst workmen.  Employers nominate the representative amongst themselves.  Total no shall not exceed…..20.
  14. 14.  To promote measures for securing & preserving the peace .  Comment on matter of common interest, concern and Endeavour.  Smooth away frictions.  Recommendations not binding or it cannot pass final judgment.
  15. 15.    If dispute is not solved through works Committee, it will be referred to Conciliation Officer‘. He is appointed by Government. Appointed by govt. for specific area or specific industry. They are engaged as third party in the dispute.
  16. 16.    Promotes the fair and amicable settlement of industrial dispute. After giving reasonable notice may enter the industrial establishment and enquiry and inspection. Conciliation Officer sends his report to appropriate government within 14 days of conciliation process
  17. 17.     Appropriate Govt. by notification in official Gazette constitute a Board. The board comprise of neutral – independent chairman. It consist of two or four other members who are equally represented. The board may act even in absence of chairman if they satisfy quorum.
  18. 18.    To bring about settlement of dispute within two months. If it achieves success in attaining the settlement amongst parties it with the signatures of parties submit the report to Board of Conciliation. If no settlement is arrived or on suggestion of report Appropriate govt. refers the matter to Labour Court, Industrial or National Tribunal.
  19. 19.  Appropriate govt. may appoint two or more persons as court of inquiry.  A chairman among them is appointed.  They inquire in the matter.  Make report to the govt.  Time period 6 months
  20. 20.  Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning Adjudication Labour Court Industrial Tribunal National Tribunal
  21. 21.  Appropriate govt. appoints the labour court.  It shall consist of one person only to be appointed by appropriate govt.  He is the presiding officer of the court.
  22. 22.  Holds its procedures expeditiously.  Submit its award to appropriate govt.  No time limit has been laid down.
  23. 23.  Dismissal or discharge or grant of relief to workmen wrongfully dismissed.  Illegality or otherwise of a strike or lockout.  Withdrawal of any customary concession or privileges.
  24. 24.  Appropriate govt. may appoint one or more industrial tribunals.  It shall consist of one person to be appointed by appropriate govt.
  25. 25.  Wages  Bonus, profit-sharing, PF etc.  Compensatory and other  Rules of discipline  Retrenchment of workmen  Working shifts other than in allowances   Hours of work and rest intervals Leave with wages and holidays accordance with standing orders
  26. 26. The central government may, by notification in the official gazette, constitute one or more National Tribunals for the adjudication of Industrial Disputes in Matters of National importance.  Matters which are of a nature such that industries in more than one state are likely to be interested in, or are affected by the outcome of the dispute.  It is the duty of the National Tribunal to hold its proceedings expeditiously and to submit its report to the central government within the stipulated time. 