Settlement out of courts...

2. •Arbitration is the mechanism to settle disputes between parties to
a contract, determined in a quasi-judicial manner.
•The Arbitration and Conciliation Act 1996 provides legal frame
work for settlement of disputes by mutual settlement out side the
court.
•Central Government may make rules for carrying out the
provisions of this act subjected to the approval of the Parliament.
•Arbitration is an arrangement agreed upon by the parties
concerned to refer the disputes to a third party for settlement.

3. •The arbitration tribunal can be a panel of
arbitrators or a sole individual.
•Any written document or a clause in a
contract for referring the dispute to
arbitration shall be an arbitration agreement.
•The parties to the contract will decide the
constitution of arbitration tribunal and mode
of appointment as laid down in the contract
agreement.

4. •The arbitrator has to be appointed within 30 days of
such request by any party.
•In case of failure to comply the above, the Chief
Justice of the High Court shall appoint suitable
arbitrator as per the request of the party.
•If the appointed arbitrator fails to perform, the court
may replace him by a suitable arbitrator as per the
request of the party.

5. •The appointed arbitrator shall disclose any
circumstances likely to occur to give doubt about his
impartiality.
•The party to the dispute also can challenge the
appointment of the arbitrator on the above count.
•The mandate of an arbitrator ends without
proceedings starts or in the course of proceedings
when
–He is not able to perform.
–He withdraws.
–Parties agrees to terminate him.

6. •Proceedings of the arbitration commences from the date
of receipt of communication by the respondents, for
reference of the matter to the arbitration.
•The parties shall be treated equally and shall be given
full opportunity to present their case.
•The procedure, place of hearing, time limit for
production of documents / evidence etc can be agreed
upon by the parties or otherwise decided by the arbitrator.

7. •The arbitral tribunal may appoint an
expert/institution to examine and to give expert
report.
•If the respondent fails to communicate his
defense or fails to appear for oral hearing / fails
to produce documents, tribunal shall not treat it
as admission by the defaulting party but
proceed with the evidences before it and make
award.

8. •The tribunal may direct the parties to deposit by the
each party and also decides the cost payable to one party
by the other.
•An amount towards cost etc. as decided by it during the
course of proceedings.
•The tribunal shall fix the cost of arbitration, the fee of
arbitration, for witness, administrative charges, fees for
experts etc.

9. •Arbitration award will be decided as per
the substantive law in force in India
taking into account the terms of contract
and usage of trade.
•If the parties arrive at a settlement
agreement and request the tribunal to give
award accordingly and if tribunal has no
objection it may give award accordingly
which will have the same effect of the
award.

10. •The arbitral award is issued under the
signature of all or majority of arbitrators on
the basis of the decision or stating it as
mutually agreed upon by the parties.
Signed copy shall be delivered to all
parties.
•The award is binding on all the parties.
Award is enforceable as if it were a decree
of the Court.

11. While it is possible to challenge an award made
by an arbitrator in court, the court will generally
only overturn such a decision in rare cases. For
the court to take such an action, it would be
necessary to prove that:
•The arbitrator had a serious conflict of interest.
•Fraud was committed by any party during the
arbitration, and that it influenced the decision.
•The award was not final, and therefore there was
no conclusion to the matter.
•The award was somehow outside the scope of
the arbitration agreement

12. S.N
O
Sectio
n
Pre-amended
position
Post-amended position
1 Sec.2(s) Supervisors drawing
wages not
exceedingRs.1600/-
p.m are coming within the
definition of workmen.
Now, Supervisors drawing wages not
exceeding Rs.10000/-p.m are coming
within the definition of workmen.
2 Sec.11 The present section does
not refer to the manner of
execution of awards made
by Labour Court/
Industrial Tribunal.
New subsections (9) &(10) have been
added to Section 11 where by the
Labour Court or Industrial Tribunal
shall transmit any award or order or
settlement arrived before it to a civil
court which will execute the same as
if it were a decree passed by it.

13. 3 Sec.2A Under present provision, an
individual dispute raised a
workman who is retrenched
or dismissed can be
adjudicated by the Labour
Court/Industrial Tribunal
only when it is referred by
the Government on recipt
of report from Conciliation
Officer.
After amendment, a new sub-sections
(2)&(3) have been added which enable
the individual workman who is
retrenched or dismissed and who
raises the dispute before conciliation
officer, can now directly make an
application to the Labour
Court/industrial Tribunal for
adjudication of his dispute after a
lapse of 45 days from the date of
making an application to the
conciliation officer.
(3) The application referred to in sub-
section (2) shall be made to the Labour
Court or Tribunal before the expiry of
three years from the date of discharge,
dismissal, retrenchment or otherwise
termination of service as specified in
sub-section (1).”.
4 Chapter
IIB-
Sec.9(C)
The Present Sec. 9(C) does
not precisely give the
constitution of the
grievance redressal
mechanism and the
procedure. This Section has
been substituted by new
Sec.9(C).
The new Section 9(C) provides –
i)Composition of the Grievance
Redressal Committee.
ii)Fixes a thirty day time limit for
redressal of the grievance.
iii)Provides for appeal to the employer
by the workman aggrieved by the
decision of the committee.

15. Founder & Chairman: Naresh Goyal
Jet Airways faced Two Major industrial crisis during its
lifetime:
 1900 Employees Sacked and then Reinstated in 2008.
 The Pilots Revolt 2009
According to CAPA (Center for Asia Pacific Aviation),
buying Sahara was a big strategic mistake by Jet Airways.
Jet had been constantly incurring losses since 2007-08.
In 2008, Naresh Goyal entered into an operational tie-up
with its rival Vijay Mallya’s Kingfisher.

16. Jet sacked 1,900 cabin crew members in October 2008, all
probationary and temporary workers, across all categories
and departments.
The young pilots got insecure seeing the previous
scenario and led to formation of National Aviators Guild
the NAG on 24th July, 2009; registered by the Regional
Labour Commissioner.
On July 31, 2009, the two senior pilots of Jet Airways,
who were both office-bearers of NAG, were dismissed by
a single-line e-mail stating that their services were
terminated with immediate effect and no reasons were
assigned for the same.

17. NAG issued a strike notice on August 24, 2009.
The management obtained an ex parte order from the Bombay
High Court by virtue of Sections 22 and 23 of the Industrial
Disputes Act restraining the NAG from striking.
Total of 500 pilots reported sick and went unanimously on
leave.
During the 14 days of strike continued causing a loss of
estimated Rs.15 Cr per day and hardship to innumerable
customers due to flight cancelling.
The NAG withdrew the strike notice on the evening of
September 7, 2009
The matter was yet to be resolved as the pilots were still agitated
on their unfulfilled need.

18. The negotiations ended with the formation of a grievance
committee consisting of both pilots and administration
members to hear such cases.
It was decided that a committee to look into the
coordination between the pilots and the management
would be formed.