- Industrial disputes refer to conflicts between employers and employees regarding employment terms. They can arise from economic issues like wages or non-economic issues like poor treatment.
- Common dispute resolution methods include mediation, conciliation, arbitration, and adjudication. Mediation and conciliation involve impartial third parties to facilitate negotiations while arbitration and adjudication involve third parties making binding decisions.
- The Industrial Disputes Act of 1947 established mechanisms for resolving disputes, including labour courts, tribunals, and national tribunals to issue awards in cases where conciliation fails. Their awards are binding and aim to achieve an equitable resolution of disputes.
Voluntary arbitration involves two disputing parties agreeing to involve a neutral third party to resolve their conflict. Compulsory arbitration requires parties to accept arbitration without consent. Either type can lead to adjudication, where a lawyer appointed by the government makes a binding decision, through a tiered system of labor courts, industrial tribunals, and national tribunals. While arbitration aims to resolve conflicts efficiently, it also deprives parties of control over the decision and potential bias from the arbitrator.
The document summarizes India's conciliation and adjudication machinery for resolving industrial disputes. It describes the various bodies involved, including conciliation officers, boards of conciliation, courts of inquiry, voluntary and compulsory arbitration, and the three-tier system of adjudication consisting of labor courts, industrial tribunals, and national tribunals. Conciliation is the preferred first method of dispute resolution, involving bringing workers and employers together with a neutral third party to arrive at an agreement. If conciliation fails, the dispute can be referred to arbitration or adjudication for a binding decision.
Settlement of industrial dispute between employer and employeeAltacit Global
The document discusses various procedures for settling industrial disputes between employers and employees under the Industrial Disputes Act of 1947 in India. It outlines mechanisms like collective bargaining, negotiation, conciliation, mediation, arbitration, and adjudication by labor courts, tribunals, and national tribunals. Key points covered include definitions of industrial disputes and these dispute resolution mechanisms, as well as the roles of conciliation officers, labor courts, and tribunals in adjudicating disputes.
Joint Consultative Machinery in Govt. Of IndiaPraveen Ranjan
The Presentation is about the structure and functioning of Joint Consultative Machinery in Govt. Of India.An attempt has been made to provide an overview of the mechanism.
This document discusses arbitration and adjudication as methods for resolving disputes outside of court. It defines arbitration as involving a neutral third party to resolve a dispute when two parties cannot agree. There are two main types of arbitration discussed - voluntary arbitration, where parties agree to arbitration, and compulsory arbitration, where parties are required to arbitrate. The document also outlines merits like cost-saving and time-saving, and demerits like inability to strike. If parties are unsatisfied with arbitration, they can pursue adjudication involving lawyers or courts. A tier system of labor courts, industrial tribunals, and national tribunals is also described.
Adjudication is the next level of problem solving when parties are not satisfied with an arbitrator's result. In adjudication, a lawyer appointed by the government will solve the problem. There are three tiers of adjudication bodies: labour courts consisting of retired high court judges or district judges; industrial tribunals formed by central/state governments and headed by a retired high court judge; and national tribunals formed only by the central government and headed by a retired Supreme Court or high court judge.
The Industrial Disputes Act 1947 aims to provide safeguards to workers and facilitate the investigation and settlement of industrial disputes. It defines an industrial dispute and establishes various authorities such as Works Committees, Conciliation Officers, Boards of Conciliation, Labor Courts, and Tribunals to resolve disputes. The Act prohibits strikes and lock-outs in public utilities without proper notice. It also provides rights to laid-off workers regarding compensation and establishes procedures for retrenchment and notification of changes to service conditions.
Duties and responsibilities of conciliation oficerManoj Kumar
Under the Industrial Dispute Act of 1947, a conciliation officer is appointed to mediate industrial disputes and promote settlements. They investigate issues, meet with parties, and facilitate discussions, but do not have authority to impose agreements. If a settlement is reached, the officer submits a report within 14 days; if not, a failure report is provided explaining why no resolution was achieved. Unresolved disputes may then be referred to labor courts or tribunals for adjudication.
Voluntary arbitration involves two disputing parties agreeing to involve a neutral third party to resolve their conflict. Compulsory arbitration requires parties to accept arbitration without consent. Either type can lead to adjudication, where a lawyer appointed by the government makes a binding decision, through a tiered system of labor courts, industrial tribunals, and national tribunals. While arbitration aims to resolve conflicts efficiently, it also deprives parties of control over the decision and potential bias from the arbitrator.
The document summarizes India's conciliation and adjudication machinery for resolving industrial disputes. It describes the various bodies involved, including conciliation officers, boards of conciliation, courts of inquiry, voluntary and compulsory arbitration, and the three-tier system of adjudication consisting of labor courts, industrial tribunals, and national tribunals. Conciliation is the preferred first method of dispute resolution, involving bringing workers and employers together with a neutral third party to arrive at an agreement. If conciliation fails, the dispute can be referred to arbitration or adjudication for a binding decision.
Settlement of industrial dispute between employer and employeeAltacit Global
The document discusses various procedures for settling industrial disputes between employers and employees under the Industrial Disputes Act of 1947 in India. It outlines mechanisms like collective bargaining, negotiation, conciliation, mediation, arbitration, and adjudication by labor courts, tribunals, and national tribunals. Key points covered include definitions of industrial disputes and these dispute resolution mechanisms, as well as the roles of conciliation officers, labor courts, and tribunals in adjudicating disputes.
Joint Consultative Machinery in Govt. Of IndiaPraveen Ranjan
The Presentation is about the structure and functioning of Joint Consultative Machinery in Govt. Of India.An attempt has been made to provide an overview of the mechanism.
This document discusses arbitration and adjudication as methods for resolving disputes outside of court. It defines arbitration as involving a neutral third party to resolve a dispute when two parties cannot agree. There are two main types of arbitration discussed - voluntary arbitration, where parties agree to arbitration, and compulsory arbitration, where parties are required to arbitrate. The document also outlines merits like cost-saving and time-saving, and demerits like inability to strike. If parties are unsatisfied with arbitration, they can pursue adjudication involving lawyers or courts. A tier system of labor courts, industrial tribunals, and national tribunals is also described.
Adjudication is the next level of problem solving when parties are not satisfied with an arbitrator's result. In adjudication, a lawyer appointed by the government will solve the problem. There are three tiers of adjudication bodies: labour courts consisting of retired high court judges or district judges; industrial tribunals formed by central/state governments and headed by a retired high court judge; and national tribunals formed only by the central government and headed by a retired Supreme Court or high court judge.
The Industrial Disputes Act 1947 aims to provide safeguards to workers and facilitate the investigation and settlement of industrial disputes. It defines an industrial dispute and establishes various authorities such as Works Committees, Conciliation Officers, Boards of Conciliation, Labor Courts, and Tribunals to resolve disputes. The Act prohibits strikes and lock-outs in public utilities without proper notice. It also provides rights to laid-off workers regarding compensation and establishes procedures for retrenchment and notification of changes to service conditions.
Duties and responsibilities of conciliation oficerManoj Kumar
Under the Industrial Dispute Act of 1947, a conciliation officer is appointed to mediate industrial disputes and promote settlements. They investigate issues, meet with parties, and facilitate discussions, but do not have authority to impose agreements. If a settlement is reached, the officer submits a report within 14 days; if not, a failure report is provided explaining why no resolution was achieved. Unresolved disputes may then be referred to labor courts or tribunals for adjudication.
This document discusses various methods for resolving industrial disputes such as strikes and lockouts between employers and employees. It describes mediation and conciliation where a neutral third party helps the parties discuss their differences to reach an agreement. If these fail, arbitration or adjudication may be used where a binding decision is made. It also discusses maintaining industrial peace through bipartite and tripartite bodies that bring representatives of employers, employees and government together, as well as preventive measures like workers' participation schemes and collective bargaining.
The document discusses minimum wages, including definitions, purposes, and approaches to setting minimum wages. It notes that minimum wages have been discussed by the ILO since 1919 to help ensure workers receive a living wage. Minimum wages are intended to protect low-income workers and promote social justice. There are various mechanisms for setting minimum wages, including expert bodies, government authorities, collective bargaining, and formulas. The document also discusses criteria for determining appropriate minimum wage levels and enforcing minimum wage laws. Finally, it outlines Nepal's minimum wage law and the role of its Minimum Wage Fixation Committee in recommending wage levels every two years.
The document discusses key aspects of arbitration and conciliation in India according to the Arbitration and Conciliation Act 1996. It provides an overview of alternative dispute resolution methods like negotiation, mediation, conciliation and arbitration. It explains that certain matters like divorce, taxation and criminal cases cannot be referred to arbitration. The essence of arbitration is that an arbitrator provides a quasi-judicial decision to settle disputes between parties in a speedy and inexpensive manner. The document outlines procedures for appointing arbitrators and conducting arbitral proceedings.
Authorities of industrial dispute act, 1947NavanSodhi
The document summarizes key aspects of the Industrial Disputes Act, 1947 in India. It defines an industrial dispute and outlines various authorities established under the Act to resolve disputes, including Works Committees, Conciliation Officers, Boards of Conciliation, Courts of Inquiry, Labour Courts, Industrial Tribunals, and a National Tribunal. Each authority is described in terms of its composition, appointment process, duties, and procedures for handling disputes referred to it and submitting reports or awards. The overall purpose of the Act and these authorities is to facilitate the amicable settlement of disputes related to employment and work conditions in industry.
The document summarizes key aspects of the Industrial Disputes Act, 1947 in India. It was passed to promote peace in industry and good relations between employers and employees. The Act covers the whole of India and replaced the earlier Trade Disputes Act of 1929. It defines industrial disputes and establishes mechanisms for investigating and settling disputes between employers and workers over issues like employment, wages and working conditions. It also addresses issues like layoffs, retrenchment and collective bargaining.
Suitability of ADRs to particular types of disputes;Civil Procedure Code and ...Hitendra Hiremath
This document discusses the suitability of alternative dispute resolution (ADR) methods for different types of disputes and their relationship to the Civil Procedure Code in India. It notes that ADR methods like mediation and conciliation are well-suited for family disputes, industrial disputes, and consumer disputes. The Civil Procedure Code was amended to allow courts to refer disputes to arbitration, mediation, or other settlement methods. The amendments empower courts to direct parties to attempt outside settlement and establish procedures for ADR referrals. Landmark court rulings have also helped develop the framework for integrating ADR into the civil litigation system in India to reduce judicial backlog and expedite case resolutions.
Mediation and conciliation are processes by which a neutral third party helps opposing parties resolve disputes. Conciliation focuses on encouraging discussion between parties to develop their own solutions, while mediation allows the mediator to propose settlements. A successful mediation requires consent from both parties and an impartial mediator, and takes place in a conducive environment. Conciliators aim to find a middle course and bridge differences between parties through advice and alternative solutions. Their role is flexible depending on each dispute's circumstances.
Conciliation is a process for resolving disputes through non-binding mediation with a neutral third party conciliator. The conciliator helps facilitate discussions between the disputing parties to develop an mutually agreeable solution. Key aspects of conciliation include voluntary participation, confidentiality, flexibility, and focusing on the interests of the parties rather than legal rights. The conciliator aims to find a middle ground and reduce differences between parties to reach a settlement and restore peace.
The document summarizes key aspects of arbitration and conciliation law in India based on the Arbitration and Conciliation Act of 1996. It discusses how the 1996 Act consolidated and amended previous laws, adopted the UNCITRAL model law, and recognized conciliation proceedings for the first time. It defines arbitration and conciliation, outlines matters that cannot be referred to arbitration, and distinguishes between domestic, international, foreign, and ad hoc arbitration. It also summarizes the process for making arbitral awards and the available recourses against awards.
Describe a detail research on how judiciary in each and every possible way has help in promoting and uplifting the working system in Alternative Dispute Resolution
This document discusses various dispute resolution methods, beginning with avoidance and negotiation, then exploring mediation, conciliation, arbitration, and litigation. It provides definitions and explanations of each method, including how they differ in terms of the level of third party involvement and whether the outcome is binding or non-binding. Examples of each method are given. Professional arbitration bodies and centers in Nigeria and other countries are also listed.
This document provides information on industrial law and the machinery for settling industrial disputes in India. It defines key terms like industrial dispute, lockout, strike, retrenchment and others. The Industrial Disputes Act 1947 established the primary framework for resolving industrial disputes and improved on the Trade Disputes Act 1929. The objectives of the IDA include promoting amity between workers and employers, investigating and settling disputes, and preventing illegal strikes and lockouts. The machinery for dispute prevention and settlement in India includes voluntary methods like collective bargaining, trade unions, and statutory bodies like works committees, conciliation officers, boards, labour courts, tribunals and national tribunals established by the IDA.
1. The document defines an industrial dispute as any difference or dispute between employers/employees related to employment terms, conditions, or unemployment.
2. An industrial dispute must involve employers and employees or workers, and relate to employment, terms, conditions of labor, or an industry as defined.
3. Strikes and lock-outs are restricted under the Act to achieve peaceful resolution, with notice requirements and prohibitions during conciliation proceedings.
The document summarizes the arbitration procedures of the International Center for Settlement of Investment Disputes (ICSID). Key points:
- ICSID was created in 1965 by the World Bank to provide impartial dispute resolution between investors and host states over expropriated investments.
- Cases are heard by tribunals made up of arbitrators from countries other than the disputing parties. Consent from both the investor and host state is required.
- Awards are binding and exclude other legal remedies. The tribunal has authority to determine its own jurisdiction over disputes arising from investments.
This document discusses various authorities for settling disputes in India including works committees, conciliation officers, boards of conciliation, courts of enquiry, labour courts, and industrial and national tribunals. It outlines how each authority is constituted, their duties and powers. Works committees consist of equal employer and employee representatives and promote amity between the two parties. Conciliation officers investigate disputes and try to settle them through conciliation proceedings. If disputes remain unsettled, they are referred to labour courts, industrial tribunals, or national tribunals for adjudication depending on the dispute.
This document discusses strikes and lockouts under international labor law. It defines what constitutes a strike and lockout, lists common causes of strikes, and describes different types of strikes like economic strikes and wildcat strikes. It also outlines principles regarding when general prohibitions of strikes may be justified, such as in cases of acute national emergency, certain public services, or essential services. The document provides guidance on determining what constitutes an essential service and emphasizes that restrictions on the right to strike require compensatory guarantees for workers.
The Industrial Disputes Act of 1947 provides provisions for investigating and settling industrial disputes in India. It defines key terms like "industry" and "industrial dispute." It establishes various bodies to deal with industrial disputes like Works Committees, Boards of Conciliation, Courts of Inquiry, Labour Courts, Industrial Tribunals, and National Industrial Tribunals. It specifies qualification criteria for presiding officers of these bodies and deals with situations of vacancies arising in their memberships.
This document discusses various professional opportunities for Chartered Accountants in the field of alternate dispute resolution (ADR) in India. It outlines roles that CAs can play as arbitrators, counsel for clients, experts for arbitral tribunals, and advisors on selecting appropriate ADR processes. CAs are recognized under Indian law to act as arbitrators due to their objective and balanced approach. The document also discusses international commercial arbitration and how CAs can assist with drafting arbitration clauses and representing clients in international arbitration cases.
Arbitration is a process where a dispute is submitted to an impartial third party, whose decision is usually binding. It involves both parties presenting their case to an arbitrator they choose or who is appointed by statute. The arbitrator reviews evidence and issues a decision based on equity and justice. Arbitration is best for resolving contractual disputes, while mediation is better for disputes over interests. Arbitration has advantages like bringing the process closer to the parties and being more flexible, expeditious and cost effective than litigation. There are two main types - voluntary arbitration agreed to by both parties, and compulsory arbitration required without consent.
The document discusses the Industrial Disputes Act of 1947 in India. Some key points:
- The Act defines an industrial dispute as any dispute between employers and employees regarding employment, work conditions, or terms of employment.
- The objectives of the Act are to provide machinery for settling disputes peacefully and promote good relations between employers and employees.
- Industrial disputes can be settled through conciliation, arbitration, adjudication by labor courts, tribunals, or the National Tribunal. Conciliation involves a neutral party helping the disputing parties reach an agreement.
- If conciliation fails, the dispute may be referred to arbitration, where an arbitrator makes a binding decision. As a last resort, labor
The Industrial Disputes Act of 1947 aims to protect workmen against victimization by employers and ensure social justice for both parties. The Act provides machinery for investigating and settling industrial disputes through negotiation. It regulates layoffs and retrenchment and prohibits illegal strikes and lockouts. The Act establishes authorities like Works Committees, Conciliation Officers, Courts of Inquiry, Labour Courts, and Industrial Tribunals to resolve disputes. It also defines terms like strikes, lockouts, layoffs, and retrenchment and sets procedures that must be followed for these actions. The Act aims to promote industrial peace and harmony.
This document discusses various methods for resolving industrial disputes such as strikes and lockouts between employers and employees. It describes mediation and conciliation where a neutral third party helps the parties discuss their differences to reach an agreement. If these fail, arbitration or adjudication may be used where a binding decision is made. It also discusses maintaining industrial peace through bipartite and tripartite bodies that bring representatives of employers, employees and government together, as well as preventive measures like workers' participation schemes and collective bargaining.
The document discusses minimum wages, including definitions, purposes, and approaches to setting minimum wages. It notes that minimum wages have been discussed by the ILO since 1919 to help ensure workers receive a living wage. Minimum wages are intended to protect low-income workers and promote social justice. There are various mechanisms for setting minimum wages, including expert bodies, government authorities, collective bargaining, and formulas. The document also discusses criteria for determining appropriate minimum wage levels and enforcing minimum wage laws. Finally, it outlines Nepal's minimum wage law and the role of its Minimum Wage Fixation Committee in recommending wage levels every two years.
The document discusses key aspects of arbitration and conciliation in India according to the Arbitration and Conciliation Act 1996. It provides an overview of alternative dispute resolution methods like negotiation, mediation, conciliation and arbitration. It explains that certain matters like divorce, taxation and criminal cases cannot be referred to arbitration. The essence of arbitration is that an arbitrator provides a quasi-judicial decision to settle disputes between parties in a speedy and inexpensive manner. The document outlines procedures for appointing arbitrators and conducting arbitral proceedings.
Authorities of industrial dispute act, 1947NavanSodhi
The document summarizes key aspects of the Industrial Disputes Act, 1947 in India. It defines an industrial dispute and outlines various authorities established under the Act to resolve disputes, including Works Committees, Conciliation Officers, Boards of Conciliation, Courts of Inquiry, Labour Courts, Industrial Tribunals, and a National Tribunal. Each authority is described in terms of its composition, appointment process, duties, and procedures for handling disputes referred to it and submitting reports or awards. The overall purpose of the Act and these authorities is to facilitate the amicable settlement of disputes related to employment and work conditions in industry.
The document summarizes key aspects of the Industrial Disputes Act, 1947 in India. It was passed to promote peace in industry and good relations between employers and employees. The Act covers the whole of India and replaced the earlier Trade Disputes Act of 1929. It defines industrial disputes and establishes mechanisms for investigating and settling disputes between employers and workers over issues like employment, wages and working conditions. It also addresses issues like layoffs, retrenchment and collective bargaining.
Suitability of ADRs to particular types of disputes;Civil Procedure Code and ...Hitendra Hiremath
This document discusses the suitability of alternative dispute resolution (ADR) methods for different types of disputes and their relationship to the Civil Procedure Code in India. It notes that ADR methods like mediation and conciliation are well-suited for family disputes, industrial disputes, and consumer disputes. The Civil Procedure Code was amended to allow courts to refer disputes to arbitration, mediation, or other settlement methods. The amendments empower courts to direct parties to attempt outside settlement and establish procedures for ADR referrals. Landmark court rulings have also helped develop the framework for integrating ADR into the civil litigation system in India to reduce judicial backlog and expedite case resolutions.
Mediation and conciliation are processes by which a neutral third party helps opposing parties resolve disputes. Conciliation focuses on encouraging discussion between parties to develop their own solutions, while mediation allows the mediator to propose settlements. A successful mediation requires consent from both parties and an impartial mediator, and takes place in a conducive environment. Conciliators aim to find a middle course and bridge differences between parties through advice and alternative solutions. Their role is flexible depending on each dispute's circumstances.
Conciliation is a process for resolving disputes through non-binding mediation with a neutral third party conciliator. The conciliator helps facilitate discussions between the disputing parties to develop an mutually agreeable solution. Key aspects of conciliation include voluntary participation, confidentiality, flexibility, and focusing on the interests of the parties rather than legal rights. The conciliator aims to find a middle ground and reduce differences between parties to reach a settlement and restore peace.
The document summarizes key aspects of arbitration and conciliation law in India based on the Arbitration and Conciliation Act of 1996. It discusses how the 1996 Act consolidated and amended previous laws, adopted the UNCITRAL model law, and recognized conciliation proceedings for the first time. It defines arbitration and conciliation, outlines matters that cannot be referred to arbitration, and distinguishes between domestic, international, foreign, and ad hoc arbitration. It also summarizes the process for making arbitral awards and the available recourses against awards.
Describe a detail research on how judiciary in each and every possible way has help in promoting and uplifting the working system in Alternative Dispute Resolution
This document discusses various dispute resolution methods, beginning with avoidance and negotiation, then exploring mediation, conciliation, arbitration, and litigation. It provides definitions and explanations of each method, including how they differ in terms of the level of third party involvement and whether the outcome is binding or non-binding. Examples of each method are given. Professional arbitration bodies and centers in Nigeria and other countries are also listed.
This document provides information on industrial law and the machinery for settling industrial disputes in India. It defines key terms like industrial dispute, lockout, strike, retrenchment and others. The Industrial Disputes Act 1947 established the primary framework for resolving industrial disputes and improved on the Trade Disputes Act 1929. The objectives of the IDA include promoting amity between workers and employers, investigating and settling disputes, and preventing illegal strikes and lockouts. The machinery for dispute prevention and settlement in India includes voluntary methods like collective bargaining, trade unions, and statutory bodies like works committees, conciliation officers, boards, labour courts, tribunals and national tribunals established by the IDA.
1. The document defines an industrial dispute as any difference or dispute between employers/employees related to employment terms, conditions, or unemployment.
2. An industrial dispute must involve employers and employees or workers, and relate to employment, terms, conditions of labor, or an industry as defined.
3. Strikes and lock-outs are restricted under the Act to achieve peaceful resolution, with notice requirements and prohibitions during conciliation proceedings.
The document summarizes the arbitration procedures of the International Center for Settlement of Investment Disputes (ICSID). Key points:
- ICSID was created in 1965 by the World Bank to provide impartial dispute resolution between investors and host states over expropriated investments.
- Cases are heard by tribunals made up of arbitrators from countries other than the disputing parties. Consent from both the investor and host state is required.
- Awards are binding and exclude other legal remedies. The tribunal has authority to determine its own jurisdiction over disputes arising from investments.
This document discusses various authorities for settling disputes in India including works committees, conciliation officers, boards of conciliation, courts of enquiry, labour courts, and industrial and national tribunals. It outlines how each authority is constituted, their duties and powers. Works committees consist of equal employer and employee representatives and promote amity between the two parties. Conciliation officers investigate disputes and try to settle them through conciliation proceedings. If disputes remain unsettled, they are referred to labour courts, industrial tribunals, or national tribunals for adjudication depending on the dispute.
This document discusses strikes and lockouts under international labor law. It defines what constitutes a strike and lockout, lists common causes of strikes, and describes different types of strikes like economic strikes and wildcat strikes. It also outlines principles regarding when general prohibitions of strikes may be justified, such as in cases of acute national emergency, certain public services, or essential services. The document provides guidance on determining what constitutes an essential service and emphasizes that restrictions on the right to strike require compensatory guarantees for workers.
The Industrial Disputes Act of 1947 provides provisions for investigating and settling industrial disputes in India. It defines key terms like "industry" and "industrial dispute." It establishes various bodies to deal with industrial disputes like Works Committees, Boards of Conciliation, Courts of Inquiry, Labour Courts, Industrial Tribunals, and National Industrial Tribunals. It specifies qualification criteria for presiding officers of these bodies and deals with situations of vacancies arising in their memberships.
This document discusses various professional opportunities for Chartered Accountants in the field of alternate dispute resolution (ADR) in India. It outlines roles that CAs can play as arbitrators, counsel for clients, experts for arbitral tribunals, and advisors on selecting appropriate ADR processes. CAs are recognized under Indian law to act as arbitrators due to their objective and balanced approach. The document also discusses international commercial arbitration and how CAs can assist with drafting arbitration clauses and representing clients in international arbitration cases.
Arbitration is a process where a dispute is submitted to an impartial third party, whose decision is usually binding. It involves both parties presenting their case to an arbitrator they choose or who is appointed by statute. The arbitrator reviews evidence and issues a decision based on equity and justice. Arbitration is best for resolving contractual disputes, while mediation is better for disputes over interests. Arbitration has advantages like bringing the process closer to the parties and being more flexible, expeditious and cost effective than litigation. There are two main types - voluntary arbitration agreed to by both parties, and compulsory arbitration required without consent.
The document discusses the Industrial Disputes Act of 1947 in India. Some key points:
- The Act defines an industrial dispute as any dispute between employers and employees regarding employment, work conditions, or terms of employment.
- The objectives of the Act are to provide machinery for settling disputes peacefully and promote good relations between employers and employees.
- Industrial disputes can be settled through conciliation, arbitration, adjudication by labor courts, tribunals, or the National Tribunal. Conciliation involves a neutral party helping the disputing parties reach an agreement.
- If conciliation fails, the dispute may be referred to arbitration, where an arbitrator makes a binding decision. As a last resort, labor
The Industrial Disputes Act of 1947 aims to protect workmen against victimization by employers and ensure social justice for both parties. The Act provides machinery for investigating and settling industrial disputes through negotiation. It regulates layoffs and retrenchment and prohibits illegal strikes and lockouts. The Act establishes authorities like Works Committees, Conciliation Officers, Courts of Inquiry, Labour Courts, and Industrial Tribunals to resolve disputes. It also defines terms like strikes, lockouts, layoffs, and retrenchment and sets procedures that must be followed for these actions. The Act aims to promote industrial peace and harmony.
This document discusses various methods for resolving industrial disputes between employers and employees. It begins by defining an industrial dispute and listing some common causes such as industrial factors, management attitude, government machinery, and other political or economic causes. It then describes several resolution methods like collective bargaining, grievance procedures, arbitration, conciliation, and adjudication. It also discusses types of industrial actions like strikes, lockouts, layoffs, and retrenchment, providing definitions for each from the Industrial Disputes Act. In summary, the document outlines the nature of industrial disputes and the primary resolution mechanisms and labor actions referenced in Indian labor law.
Industrial Disputes: Dispute Settlement Methods and MachineryAjay Ram
This document discusses various methods for resolving industrial disputes between employers and employees, including collective bargaining, grievance procedures, conciliation, arbitration, and adjudication. It also defines key related terms like strikes, lockouts, layoffs, and retrenchment. Specifically, it provides 3 sentences on conciliation: Conciliation is a process by which representatives of workers and employers are brought together before a third party to resolve disputes through mutual discussion. The third party may be an individual or group aimed at persuading the parties to reach an agreement. Conciliation officers and boards can be appointed by the government to mediate in industrial disputes.
This document provides an overview of industrial disputes and methods for their settlement under the Industrial Disputes Act of 1947 in India. It defines an industrial dispute and outlines the objectives of the Act, which include providing machinery for peaceful dispute resolution and promoting collective bargaining. Common causes of disputes are then listed, such as demands for higher wages or better working conditions. The main methods for dispute settlement discussed are conciliation, arbitration, and adjudication. Conciliation involves a neutral conciliation officer helping parties reach an agreement, while arbitration and adjudication involve a binding third-party judgment. The document explains the roles and processes involved in each method.
This document discusses various methods for settling industrial disputes, including both non-state and state intervention approaches. Non-state approaches include collective bargaining without conciliation, and voluntary arbitration. State intervention approaches discussed include compulsory establishment of bipartite committees, compulsory collective bargaining, compulsory investigation, compulsory conciliation and mediation, and compulsory arbitration or adjudication. The document also provides details on collective bargaining, voluntary arbitration, and machinery for dispute settlement in India such as standing orders, grievance procedures, and codes of discipline.
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The Industrial Disputes Act 1947 was enacted to promote measures for securing and preserving amity between employees and employers. It provides for an investigation and settlement of industrial disputes. The key objectives are prevention of illegal strikes and lockouts, relief for workmen during layoffs/retrenchment, and promotion of collective bargaining. The Act establishes various authorities for conciliation, inquiry and adjudication of industrial disputes like Works Committees, Conciliation Officers, Boards of Conciliation, Courts of Inquiry, Labour Courts, and Tribunals. It also defines terms like appropriate government, average pay, employer, industry and industrial dispute. The Act regulates strikes and lockouts and defines unfair labour practices.
This document discusses employee grievances and industrial disputes in India. It defines an employee grievance as a complaint raised by a worker against their employer. Common causes of grievances include issues related to compensation, work conditions, supervision and organizational changes. The document outlines the processes of conciliation, arbitration and adjudication used to resolve grievances and maintain discipline in industries. It also examines the meaning and causes of industrial disputes and how prevention and settlement of disputes is approached in India through mechanisms like standing orders, codes of discipline, and conciliation boards.
Reference of industrial disputes for settlement - Settlement
machinery for Industrial Disputes, Conciliation Officer, Board of
Conciliation, Court of Enquiry, Labour Court, Industrial Tribunal
and National Tribunal and Arbitration, their composition, powers,
and duties,
DEFINITION OF INDUSTRIAL DISPUTES BY THE ID ACT, VARIOUS FORMS OF INDUSTRIAL DISPUTES, WITH THERE EXPLANATIONS ,CAUSES OF INDUSTRIAL DISPUTES AND THERE EFFECTS ALSO(POSITIVE AND NEGATIVE), THE MOST IMPORTANT IS THE PREVENTIVE MEASURES AND THE FORMS OF SETTLEMENT OF VARIOUS DISPUTES IN AN INDUSTRY LEVEL WITH PROPER EXAMPLE AND PROCESS OF ALMOST ALL THE FORMS OF DISPUTES SETTLEMENT INCLUDING CONSULTATIVE MACHINERY.
This document discusses various methods for settling industrial disputes between employers and employees in India. It defines what constitutes an industrial dispute and outlines several causes of disputes. It then describes different types of strikes and lockouts workers may engage in during a dispute. The rest of the document explains key dispute resolution mechanisms established under the Industrial Disputes Act, including collective bargaining, grievance procedures, arbitration, adjudication, and conciliation. The goal of these mechanisms is to resolve disputes peacefully through negotiation and third party facilitation rather than coercion.
Alternative Dispute Resolution in ZimbabweTendai Chiunya
The document discusses alternative dispute resolution (ADR) mechanisms in Zimbabwe for resolving employment disputes. It provides examples of different types of disputes that can arise between employers and employees. The main ADR processes described are conciliation through labor officers or designated agents, and arbitration, which can be either voluntary or compulsory. If conciliation or arbitration does not resolve the dispute, it can be appealed to the Labor Court. The summary concludes that while ADR promotes conflict resolution and avoids negative publicity, the processes in Zimbabwe can be prolonged due to lack of resources in the labor system.
The document discusses various methods for preventing and settling industrial disputes between employers and employees, including:
1. Model standing orders, codes of industrial discipline, and works committees to promote harmonious relations
2. Joint management councils and suggestion schemes for worker participation
3. Collective bargaining and labour welfare officers to facilitate negotiations
4. Tripartite bodies at various levels to reach agreements on labour issues
5. Conciliation, arbitration, and adjudication mechanisms in the Industrial Disputes Act for resolving disputes
This document provides an overview of industrial disputes in India. It defines an industrial dispute as any dispute between employers and employees related to employment terms or conditions of labor. Common causes of disputes include issues around wages, allowances, and personnel policies. The Industrial Disputes Act establishes various mechanisms for resolving disputes amicably, such as works committees, conciliation officers, boards of conciliation, courts of enquiry, labor courts, and tribunals. Methods of resolution include negotiation, conciliation, mediation, and arbitration. Maintaining good management-employee relations and resolving disputes promptly is important for industrial peace and economic development.
This document discusses conciliation as a method for preventing and settling industrial disputes through third party intervention. It defines conciliation as bringing worker and employer representatives together with a neutral third party to help them reach an agreement. The conciliation machinery in India includes conciliation officers, boards of conciliation, and courts of enquiry. If conciliation fails, disputes may be referred for adjudication by labor courts, industrial tribunals, or national tribunals.
Settlement of Industrial Disputes through Adjudication In 2006 Government of Bangladesh enacted the Bangladesh Labor Act, 2006 in order to settle the industrial disputes and to promote industrial peace and establish a harmonious and cordial relationship between labor and capital by means of conciliation, mediation and adjudication (Halim, 2007).
This document provides an overview of the Industrial Disputes Act of 1947 in India. It defines key terms like industrial dispute, appropriate government, workman, and wages. It describes the objectives of promoting amity between employers and employees. It outlines the features of the Act, including extending to all of India and emphasizing conciliation, arbitration, and adjudication of disputes. It then describes the various authorities established under the Act like Works Committees, Conciliation Officers, Boards of Conciliation, Courts of Inquiry, and different types of tribunals.
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1. Disputes
Dispute: Industrial dispute means any dispute or difference between
employers and employers, or between employers and workmen or
between workmen and workmen, which is connected with employment
or non-employment or the terms of employmentor non employment or the terms of employment .
• The dispute has to be between plurality of workman and employer.
Individual workman cannot raise an industrial disputeIndividual workman cannot raise an industrial dispute
• A workman can raise a dispute directly before a Conciliation Officer in
the case of discharge, dismissal, retrenchment or any form of
termination of service. In all other cases, the dispute has to be raised
by a Union / Management.
• Disputes may lead to loss of work usually calculated in terms of Man-
days lost. This is given as total working days lost within a period
( ) f f(usually one year). This figure is computed by multiplying the number of
days with the number of affected employees.
2. Causes of Disputes in India
The causes of industrial disputes can be broadly classified into two
categories: economic and non-economic causes.
• The economic factors will include issues relating to compensation like
wages, bonus, allowances, and conditions for work, working hours,
leave and holidays without pay, unjust layoffs and retrenchments.
• The non economic factors will include victimization of workers, ill
treatment by staff members, sympathetic strikes, political factors,
indiscipline etc.
• Miscellaneous Factors: The miscellaneous factors include
- Inter/Intra Union Rivalry
- Charter of Demands
- Work Load
St di d / l / i diti / f t- Standing orders/rules/service conditions/safety measures
- Non-implementation of agreements and awards etc.
3.
4. A: Agriculture and forestry B: Fishing C: Mining and Quarrying D: Manufacturing
5. E: Electricity, gas and supply F: Construction G: Wholesale & retail trade H: Hotels and restaurants I:
Transport & communication J: Financial intermediation K: Real estate L: Public Administration M: Education
N: Healthcare O: Community services P: Private households
6.
7.
8.
9.
10.
11. Settlement Measures
KEY PROVISIONS OF ID ACT (1947):
COLLECTIVE BARGAINING: It is a technique by which disputes as to
conditions of employment are resolved amicably, by agreement
rather than coercion
CONCILIATION AND MEDIATION: It is facilitated negotiation,
essential in public utility services. Binding on parties to the
disputes
ARBITRATION: Agreement between workman and management with
the help of arbitrator
ADJUDICATION: Compulsary legal action
12. Compulsory Adjudication LC, IT, NT
Award Sec. 18(3) of ID Act
Reference by the
Appropriate Government
Sec. 10(1)
Publication of award
Mediation/Conciliation
(if successful
S. 2-A, 33-A
INDUSTRIAL
DISPUTES
Judicial review - Art. 226 or
Art. 136
Voluntary Arbitration – 10-A
(if successful
Settlement)
Sec. 18(3) of
The I D act
Award – 18(2) & 18(3)
Judicial review - Art. 226 or
Art. 136
C ll ti B i iCollective Bargaining –
If successful – settlement
Sec. 18(1) of ID Act
13. Dispute Settlement
• Mediation
– Impartial third party who helps the two parties to reach a mutually
acceptable settlement.
– The mediator is any independent entity
– Is invited by the disputing parties themselves
– Mediator only helps the two parties discuss issuesMediator only helps the two parties discuss issues
– Mediator does not gives any decision/award/judgement
– He/she only guides the discussion and enables the two parties to
reach at a consensusreach at a consensus
– Final agreement is made by the two parties themselves.
– Win-win arrangement
– Highly informal arrangement
14. Dispute Settlement
• Conciliation
– Impartial third party helps the two parties to reach a mutually acceptable
settlement.
C ili t t ti t l t th t h i f ti– Conciliator meets parties separately or together to exchange information,
clarify issues and settle misunderstanding.
– Conciliator does not impose a solution but works with the parties to enable
them to come to an agreementthem to come to an agreement.
– He may give his views and possible solutions but not judgement
– In India, conciliation officers and conciliation boards are also provided
region-wise as per the provisions of ID act.region wise as per the provisions of ID act.
– Win-win arrangement
– Slightly more formal than mediation
• The Organization of the Chief Labour Commissioner(Central) acts as theThe Organization of the Chief Labour Commissioner(Central) acts as the
primary conciliatory agency in the Central Government for industrial
disputes. Then there are the Regional Labour Commissioners (Central) and
Assistant Labour Commissioners (Central) who on behalf of the Chief Labour
C i i (C t l) t C ili t Offi i diff t t f thCommissioner (Central) act as Conciliatory Officers in different parts of the
country. The Conciliation Officer make efforts to resolve the dispute through
settlement between the workmen and the management. .
15. Dispute Settlement
• Arbitration
– Third party settles the dispute by making an independent decision
for the two parties.
Wh i d t i l di t i t d th l d th– Where any industrial dispute exists and the employer and the
workmen agree to refer the dispute to arbitration, they may, by a
written agreement, refer the dispute to arbitration to such person or
persons as may be specified in the arbitration agreement. Such apersons as may be specified in the arbitration agreement. Such a
person could be a legal expert, a retired judge etc.
– The arbitrator or arbitrators shall investigate the dispute and submit
to the appropriate Government the arbitration award signed by the
arbitrator or all the arbitrators, as the case may be.
– Some prefer arbitration, as the responsibility “for reaching
agreement” is made by a neutral party (quite often, appointed by
the government)the government).
– Arbitration gives some people the impression that they did not give
in to the other party but “fought all the way” to the Arbitration Court.
– Maybe win-loseMaybe win-lose
16. Dispute Settlement
Adjudication
• In case of failure of conciliation or arbitration, a report is sent to Government (IR Desks in
Ministry of Labour). The Ministry of Labour refers the dispute for adjudication.
• The Industrial Disputes Act, 1947 provides for setting up of Labour Courts, IndustrialThe Industrial Disputes Act, 1947 provides for setting up of Labour Courts, Industrial
Tribunals and National Tribunals.
• Labour Courts and Industrial Tribunals are set up by the Central Government and the
State Government for for dealing with matters which fall in the Central and the State
sphere respectivelysphere respectively.
• Where the dispute is referred for adjudication , within two weeks of the date of receipt of
the order of reference, the party representing workmen and employer involved in the
dispute must file with these authorities, a statement of demands relating only to the issues
as are included in the order of referenceas are included in the order of reference.
• The next step after filing of statement is to fix up the date which first hearing of the
dispute will take place. The hearing must ordinarily be continued from day to day and
arguments must follow immediately after the closing evidence.
• Where an industrial dispute has been referred to a labour court, tribunal or national
tribunal for adjudication, it shall hold its proceedings expeditiously and shall as soon as it
is practicable and submit its award to the appropriate government.
• Tribunals have power to pass the award and this award is binding on both the parties top p g p
the dispute an is submitted to the government. The Ministry of Labour publishes the
Award in the Official Gazette within a period of 30 days from the date of receipt of the
Award.
17. Dispute Settlement
• The adjudicating authority enjoys same powers as are vested in a civil court (under the
code of civil procedure, 1908). these are:
(i) Entering the premises, for the purpose of enquiry into any existing or apprehended
disputes, after giving reasonable notice.
(ii) enforcing attendance of any person and examining him or oath; it may accept, admit
or call for evidence at any stage of the proceeding.
(iii) compelling the production of documents and material objects and their inspection, for
its the authority must assign reasons.
(iv) issuing commission for the examination for witness.
(v) appointing one or more persons as assessor or assessors to advise it in the
proceedings before it.
(vi) determining the costs of , and incidental to,any proceedings before the adjudication
machinery.
• There are at present 17 Central Government Industrial Tribunals-cum-Labour Courts.There are at present 17 Central Government Industrial Tribunals cum Labour Courts.
These CGTIs-cum-Labour Courts are at New Delhi, Mumbai (2 CGITs), Bangalore,
Kolkata, Asansol, Dhanbad (2 CGITs), Jabalpur, Chandigarh, Kanpur, Jaipur, Lucknow,
Nagpur, Hyderabad, Chennai and Bhubaneshwar. Out of these CGITs, 2 CGITs namely
Mumbai-I and Kolkata have been declared as National Tribunals.Mumbai I and Kolkata have been declared as National Tribunals.
18. Dispute Settlement
Labour Court
The Presiding Officer of a Labour Court should at least have held a judicial office for not less
than 7 years or been a Presiding Officer of a labour Court under a State Act for not less
than 5 years. He may also have higher qualifications such as being a District Judge or any y g q g g
Additional District Judge for three years or a High Court Judge.
The Second Schedule of the I.D. Act deals with matters within the jurisdiction of Labour
Courts which fall under the category of Rights Disputes. Such disputes are as follows:
• The propriety or legality of an order passed by an employer under the standing orders;• The propriety or legality of an order passed by an employer under the standing orders;
• The application and interpretation of standing orders which regulate conditions of
employment.
• Discharge or dismissal of workmen including reinstatement of, or grant of relief to,
workmen wrongfully dismissed;
• Withdrawal of any customary concession or privilege;
• Illegality or otherwise of a strike or lock-out; and
• All matters other than those specified in the Third Schedule• All matters other than those specified in the Third Schedule.
19. Dispute Settlement
Industrial Tribunals
The Presiding Officer of an Industrial Tribunal should have been at least a District Judge or
an Additional District Judge for three years. Alternatively, he should have held the post of
a judge in a High Court. No person can be appointed as the presiding Officer of aj g g p pp p g
National Tribunal unless he has held the post of a Judge in a High Court.
The Third Schedule of the I.D. Act deals with matters within the jurisdiction of Industrial
Tribunals which could be classified as Interest Disputes These are as follows:Tribunals which could be classified as Interest Disputes. These are as follows:-
• Wages, including the period and mode of payment;
• Compensatory and other allowances;
• Hours of work and rest intervals;;
• Leave with wages and holidays;
• Bonus, profit sharing, provident fund and gratuity;
• Shift working otherwise than in accordance with standing orders;
• Classification by grades;
• Rules of discipline;
• Retrenchment of workmen and closure of establishment; and
• Any other matter that may be prescribed• Any other matter that may be prescribed.
•
20. Dispute Settlement
National Tribunal
• The Central Government may set up a National Tribunal for adjudication of industrial
disputes which in its opinion involve questions of national importance or are of such
nature that industrial establishments in more than one State are likely to be interested iny
such disputes.
• No person can be appointed as the presiding Officer of a National Tribunal unless he has
held the post of a Judge in a High Court.
• National tribunal shall take up only those cases which are referred by the Central Govt• National tribunal shall take up only those cases which are referred by the Central Govt.
21. THE INDUSTRIAL DISPUTES (AMENDMENT) BILL, 2010 PASSED BY THE
PARLIAMENT
• To provide a grievance ventilation and redressal machinery within an establishment
having 20 or more workmen with one stage appeal at the level of the Head of the
Industrial Establishment in order to promote better industrial relations at the industrial
establishment level.
• The Bill also proposes to empower the Labour Court or Tribunal to execute their awards,
orders of settlements arrived at as a decree of a Civil Court. This amendment will ensure
better enforcement of the awards given by CGITs-cum-LC.
• To provide individual workman more free and direct access to Labour Courts/ TribunalsTo provide individual workman more free and direct access to Labour Courts/ Tribunals
in cases of retrenchment, discharge, dismissal or termination of services.
• To amplify the definition of term ‘appropriate Government’ the Standing Committee has
suggested that the industrial disputes between a contractor and contract labour employed
in any industrial establishment needs to be brought under the purview of ‘appropriatein any industrial establishment needs to be brought under the purview of appropriate
Government’.