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Role of Arbitration in Id
Role of Arbitration in Id
With the advancing industrial development, there has been a parallel increase
in the disputes between employers and employees for the furtherance of each
of their individual interest. Evidences show that such disputes have resulted
into hampering of economic development of the country. Therefore, it
becomes the responsibility of the state to interfere in such matters and ensure
that the dispute of some does not produce grave consequences for the society
at large. With the increase in globalisation, the role of the state has become
very crucial. With increasing complexities, it is not necessary that the state may
be able to deal with all the matter so that a proper conclusion can be reached.
Industrial Disputes are of two kinds: interest disputes and rights disputes. The
former category of disputes is related to the determination of the wage rate,
salary levels and working conditions of employment whereas the latter
category deals with determination, interpretation or application of the already
existing standards. Such kinds of dispute are popularly known as grievance
dispute. In these disputes, it is claimed that the workers have not been dealt in
accordance with the rules or contracts, laws and regulations or collective
agreements that govern individual employment. Such grievances may be
regarding retrenchment ,dismissal, payment of wages, working time, overtime,
demotion , promotion, transfer, seniority, job classification, work rules and
fulfilment of obligation relating to safety and health laid down in agreement.
In such cases where the parties have to come to a solution which establishes a
win – win situation for both the parties. It is not necessary that the state
intervention will be able to bring about this objective. The best alternative to
this situation can be brought about through conciliation or arbitration.
Conciliation
alternative name for this process is known as mediation. The third party can be
an individual or a group of people. Functions of this mediator include-
Under the Industrial Disputes Act, 1947, conciliation consists of the following
machinery
In cases where the conciliation process in progress, the Industrial Disputes Act,
prohibits strikes and lockouts.
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Arbitration
Unlike judges, the arbitrators do not enjoy judicial powers. The function of an
arbitrator is to listen to the viewpoints of both the parties and then deliver his
judgement. The decision is sent to the government who publishes it. The
judgement becomes enforceable and binding on both the parties.
The disputes which are resolved by way of arbitration have certain advantages
such as it ensures the two parties that they have faith in each other, the
process is informal and flexible and nature, arbitration provides justice at
minimum cost and time, lastly mutual consent leads to building of trust and
healthy relations between the two parties.
Arbitration Agreements
Section 11 states that the arbitrator can proceed with the arbitration process
with his own procedure as he may think fit provided that such procedure is not
against the principles of natural justice. The industrial dispute referred to an
arbitrator can be investigated and adjudicated as per the arbitration
agreement and should be published by the government.
The arbitration referred to under the Section 10 shall not be affected by any of
the provisions of the Arbitration Act, 1940.