Disputes

Made By:
Dipti Jain
Jyoti Loharia
Dispute:
A labour dispute is a state of
disagreement over a particular issue or
group of issues over which there is
conflict between workers and employers,
or about which grievance is expressed by
workers or employers, or about which
workers or employers support other
workers or employers in their demands or
grievances.
Negotiation:
Negotiation is a dialogue
between two or more people or
parties, intended to reach an
understanding, resolve point of difference,
or gain advantage in outcome of dialogue,
to produce an agreement upon courses of
action, to bargain for individual or
collective advantage, to craft outcomes to
satisfy various interests of two person/
parties involved in negotiation process.
Mediation
Mediation is a process in which the
participants, with the assistance of a
mediator, systematically isolate disputed
issues in order to develop options,
consider alternatives and reach
agreements that will accommodate their
needs.
Arbitration
Arbitration is a procedure
in which a dispute is submitted,
by agreement of the parties, to one or
more arbitrators who make a binding
decision on the dispute. In choosing
arbitration, the parties opt for a private
dispute resolution procedure instead of
going to court.
DISPUTE REDRESSAL
MACHINERY
Works Committee (Sec 3)
Conciliation Committee
◦ Conciliation officer (Sec 4)
◦ Board of Conciliation (Sec 5)
Court of Enquiry (Sec 6)
Labour Court (Sec 7)
Tribunals
◦ National Tribunal (Sec 7 A)
◦ Industrial Tribunal (Sec 7 B)
Works Committee
Any industrial establishment having more
than 100 workmen should have a Works
Committee which has equal no. of
representation of labour and management.
Its function are to preserve amity and
establish cordial relations and to resolve
differences of opinion on matters of
common interest.
Conciliation Officer
The appropriate Government may,
appoint A person, to be a conciliation
officer for specified area or specified
industries.
He is charged with the duty of mediating
in and promoting the settlement of
industrial disputes.
The duty of the conciliation officer is
administrative and not judicial in nature.
Board of Conciliation
The Government can constitute a BOC
for promoting, the settlement of an
industrial dispute.
A Board shall consist of a Chairman and
two or four other members, as the
Government thinks fit.
The Chairman shall be an independent
person and the other members shall be
persons appointed in equal numbers to
represent the parties to the dispute.
Court of Enquiry
The Government can constitute a Court of
Enquiry to enquire into any matter
connected with an industrial dispute.
A Court may consist of one independent
person or more than one person.
The object here is to enquire into and
reveal the causes of an industrial dispute.
 Labour Courts
The Government can constitute one or more
Labour Courts for the adjudication of industrial
disputes.
A Labour Court shall consist of one person only
to be appointed by the Government.
A Presiding Officer has to have the following
qualifications:
◦ He is, or has been a Judge of High Court; or
◦ He has for a period of not less than 3 years been a
District Judge or Additional District Judge; or
◦ He has held any judicial office for not less than seven
years.
National Tribunal
The Central Government can constitute one
or more National Tribunals for the
adjudication of industrial disputes.
A National Tribunal shall consist of one
person only to be appointed by the
Government.
These disputes in the opinion of the Central
Government involve:
◦ Questions of national importance
◦ Are of such a nature that industrial establishments
situated in more than one State are likely to be
interested in.
 Industrial Tribunal
The Government can constitute one or more
Industrial Tribunals for the adjudication of industrial
disputes.
A Tribunal shall consist of one person only to be
appointed by the appropriate Government.
The Government can also appoint two persons as
assessors to advise the Tribunal in the proceeding
before it.
A person to be appointed as the Presiding Officer of
the Tribunal has to have the following qualifications:
◦ He is, or has been a Judge of High Court; or
◦ He has for a period of not less than 3 years been a
District Judge or Additional District Judge.
Case Study:
 Tridev Financing started as a small organization ten years ago with
only fifty workers. The employee Mr. Raghav is a XII passed man
without formal degree to his credit. He employed people whom he
knew and who had reasonable capabilities of performing accounts
work. No formal recruitment procedures were followed nor were
any formal qualifications asked for. Now his son who has done his
MBA wants to expand and improve the organization activities. He
hired a HR professional to conduct all the HR functions. He
decided to discontinue the old 50 workers and employ properly
qualified ones in their place. The 50 workers rise in protest and
request the senior employer to protect them and their source of
income. The son reconsiders his decision and decides to give some
less important jobs that they do not involve much skill and decision
making to them. But the employees refuse accept this move and
resent working under young junior.
Question:
How would you handle the situation if
you were to take over the now Personnel
Manager?
View Point:
 If I were to take over the now personnel manager, I will try to
handle the situation with patience and tactfully. First I will test the
old employee’s skills according to their previous job profile; like
accounting and finance knowledge for finance related job, sales and
marketing knowledge for marketing related work. I will verify if
they have the skill to fulfil the company’s increasing demand
irrespective of their education qualification. After all they are all
experience people does not qualify the skill test, I’ll try to arrange
some specific base training for a short period. Even after they do
not qualify and does not want to work other less important jobs,
under the supervision of junior colleagues. Finally I will ask the
management to give some remuneration to the old employees and
asked the employees to leave the organization.