Lecture 9: Industrial Disputes

Covered Topic
Industrial Disputes
Industrial Relationship Machinery

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which is connected whit the employment and conditions of employment of any person.Industrial Disputes  According to sec2(k) of Industrial Disputes Act 1947.” 2 Prepared by Rezbin Nahar . or between workman & workman. “The terms industrial disputes means any dispute and dispute and deference between employers & employers or between employers & workers.

Industrial Disputes Machinery  The present machinery for the settlement of industrial disputes are given below: 1. Conciliation 2. Adjudication 3 Prepared by Rezbin Nahar . Arbitration 3.

the ID Act. It is resorted to before for resolving industrial disputes provided by the dispute is referred to a labor industrial tribunal or national tribunal The power to refer an industrial dispute to The power to adjudicate upon disputes is court.Differences between Arbitration & Adjudication Arbitration Adjudication It is a voluntary method of resolving It is compulsory and is the ultimate remedy industrial disputes.1947 an arbitrator is derived from the written statutory in the sense that it is derived from agreement made by the employers and the the provisions of the ID Act. 8 Prepared by Rezbin Nahar . namely labor courts and industrial tribunals. 1947 and it is workmen together and it is these two the appropriate government which refers parties together who agree to refer a dispute industrial disputes to the adjudicatory bodies to arbitration.

Contd. Arbitration Adjudication Arbitrator/ arbitrators are specified in the The presiding officers of these adjudicationary written agreement. After they are published in is amenable to the jurisdiction of high court the Official Gazette they are amenable only to only 9 Constitutional remedies Prepared by Rezbin Nahar . The appropriate government can issue No such provision when a dispute is referred notification to the parties who are not bound to labor courts/industrial tribunals /national by the arbitration agreement but are tribunals concerned in the dispute to present their case before arbitrator/arbitrators Though the decisions of both the bodies are The awards of these bodies are also quasiquasi-judicial in nature and arbitration award judicial in nature. The number of arbitrators bodies are one or more then one are appointed by the appropriate government only and all these consist of one person only.

10 Prepared by Rezbin Nahar .

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