The document discusses industrial relations and dispute resolution mechanisms in India. It defines key terms like industrial relations and industrial disputes. It outlines the main statutory guidelines that regulate industrial relations which include the Industrial Dispute Act, 1947, Industrial Employment Act 1946, and Trade Unions Act 1926. It describes the main parties involved in industrial relations like employers, employees, trade unions and the government. It also discusses the different mechanisms for resolving industrial disputes, which include conciliation, arbitration, and adjudication. It provides details on how each of these mechanisms work under the relevant laws.

1. DR. ANAND K.RAI,
H E A D ( H R & A D M I N I S T R AT I O N )
T H E I N D I A N W O O D P R O D U C T S C O .
LT D , B A R E I L LY
Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in
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Industrial Relation and Dispute
Redressal Mechanism

2. Industrial Relation
 In its Strictest sense – Relation between
management and workmen
 Wider Connotation- means the organisation and
practice of multiprogram relationship between
workers & management, union & workers and
union & management in any industry
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

3. Parties to Industrial Relation
 Employer
 Employee
 Trade Unions
 Industrial Activity
 Govt. machinery
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

4. Statutory Guidelines
 1. The Industrial Dispute Act, 1947
 2.The Industrial Employment (Standing Orders Act)
1946
 3.Trade Unions Act,1926
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

5. Industrial Dispute
 Definition- Sec.2 (K) Industrial Dispute means a
dispute or difference between (a)Employers &
Employers (b)Employers & workmen ,or (c )
workmen and workmen , which is connected with
the employment or non-employment or terms of
employment or the condition of labour of person
 Elements of dispute –
 Factum of real and substantive dispute
 Parties to dispute
 Subject -matter of dispute
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

6. Personal dispute as Industrial Dispute
 Section 2 A added in Industrial Dispute act which
says that –
 Where any employer discharges ,dismisses, retrenches or
otherwise terminates the service of any individual
workmen, any dispute or difference between that workmen
and his employer connected with, or arising out of , such
discharge , dismissal , retrenchment or termination shall be
deemed to be an industrial dispute not with standing that
no other workmen is a party to that dispute.
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Dr. Anand K. Rai, IWP, Bareilly,
anandrai@iwpkatha.co.in

7. Parties and their Rights
 Labor legislation has given rights to parties involved in
industrial relation to deal with circumstances of dispute .
Rights are-
 Workmen Side – Strike ,Go-slow, Gherao, Demonstration,
collective bargaining , Settlement
 Employer Side - Lockout, Closure, Lay off ,Retrenchment ,
Administrative action , Bilateral Agreement
 Government Side – Conciliation Proceeding , effort for
agreement, Reference and Adjudication, Stay on lock out
and strike
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

8. Redressal Mechanism
 Concilliation
 Arbritation
 Adjudication
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

9. Concilliation
 Provision under section – 18 Of Industrial Dispute Act as follows-
 (A) A settlement arrived at by agreement between the employer and
workmen otherwise than in course of conciliation proceeding shall be
binding on the parties to agreement.
 (B) A settlement arrived at in course of conciliation proceedings shall
be binding on (a) All parties to industrial dispute ( b) All other parties
summoned to appear
 (C) here a party referred to in clause (a) or (b) in an employer, his
heirs , successor or assignee in respect of the establishment to which
the dispute relates
 (d) here a party referred to in clause (a) or (b) is composed of
workmen all persons who were employed in the establishment to which
the dispute relates on the date of dispute and all persons who
subsequently become employed in that establishment
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

10. Arbritation
 When parties of dispute agreed to appoint an arbitrator for resolution
of dispute . Two kinds –
 Formal Arbitration- when disputing parties through consent
approaches labor department for appointment of particular arbitrator
and subsequently labor dept. send his reports to Govt. for approval and
publication in gazette. Such appointed arbitrator has power of civil
court and decision given by arbitrator of arbitration process is called
arbitration award and binding on parties.
 Informal Arbitration – When arbitrator appointed through mutual
consent and he gives an order after proceeding . Such order are not
legally binding on parties.
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

11. Adjudication
 The relevant government has power under
Industrial dispute act to refer any Industrial
dispute for Adjudication. Adjudication is a legal
proceeding and relevant govt. has power to
establish on or more Labour Court and Industrial
Tribunal under his jurisdiction for adjudication of
Industrial dispute.
 Subject matter referred to Labour court or
Industrial tribunal mentioned in Schedule 2 and 3
in Industrial Dispute Act
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

12. Labour court
 Subject matter referred to labour court
1. The propriety or legality of an order passed by employer under the
standing orders
2. The application and interpretation of standing orders
3. Discharge or dismissal of workmen including re-instatement of,or
grant of relief to, workmen wrongfully dismissed
4. Withdrawal of any customery concession or priviledge
5. Ilegality or otherwise of a strike or lockout , and
6. All matters other than those specified in the third schedule
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

13. Industrial Tribunal
 Subject matter referred to Industrial Tribunal
1. Wages, Including the period and mode of payment
2. Compensatory and other allowances
3. Hours of work and rest intervals
4. Leave with wages and holidays
5. Bonus, profit sharing , Provident fund and gratuity
6. Shift working otherwise than in accordance with standing orders
7. Classification by grades
8. Rules of discipline
9. Rationalisation
10. Retrenchment of workmen and closure of establishment, and
11. Any other matter they may be prescribed
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

14. Adjudication process
 Govt has power under section 10 of act to refer any dispute pending
before him to court or tribunal .
 Under section 10 A , govt. may self refer any matter for adjudication
if deemed it as dispute or any dispute exist .
 After reference by relevant govt. concerned Court or Tribunal
initiate judicial proceeding and summons parties for hearing .
 Court or Tribunal has powers of Civil court to summon any person or
institution and may order for submission of documents ,files , data
,record etc find relevant for proceeding.
 After completion of proceeding court and tribunal pass an award and
sent to relevant govt.
 After receiving such award Govt . Publish it in gazette and after 30
days of publication award becomes effective.
 Such award is legally binding on parties .
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

15. Representation of parties in Dispute
 Sec -36 - A workman who is a party to a dispute shall
be entitled to be represented in any proceeding under
this Act by-
 (a) any member of the executive or other office bearer] of a
registered trade union of which he is a member;
 (b) any member of the executive or other office bearer] of a
federation of trade unions to which the trade union referred to
in clause (a) is affiliated;
 (c) where the worker is not a member of any trade union
by [any member of the executive or other office bearer] of any
trade union connected with, or by any other workman
employed in the industry in which the worker is employed and
authorized in such manner as may be prescribed.

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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in

16. Representation of parties in Dispute
Sec 36 -An employer who is a party to a dispute shall be entitled
to be represented in any proceeding under this Act by-
 (a) an officer of an association of employer of which he is a member;
 (b) an officer of a federation of associations of employers to which the
association referred to in clause (a) is, affiliated;
 (c) where the employer is not a member of any association of
employers, by an officer of any association of employers connected
with, or by any other employer engaged in, the industry in which the
employer is engaged and authorized in such manner as may be
prescribed.
 (3) No party to a dispute shall be entitled to be represented by a legal
practitioner in any conciliation proceedings under this Act or in any
proceedings before a Court.
 (4) In any proceeding117[before a Labor Court, Tribunal or National
Tribunal], a party to a dispute may be represented by a legal
practitioner with the consent of the other parties to the proceeding
and 156[with the leave of the Labor Court, Tribunal or National
Tribunal, as the case may be.]
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Dr. Anand K. Rai, IWP, Bareilly, anandrai@iwpkatha.co.in