INDUSTRIAL

DISPUTE
According to industrial Dispute
Act , 1947 section 2(k) ,
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
the employment or non-
employment or the terms of
employment and conditions of
employment of any person.
 CAUSES OF INDUSTRIAL DISPUTE
Industrial factors.
Management attitude
towards workers.
Government machinery.
Other causes.
FORMS OF INDUSTRIAL DISPUTES

Strikes: Primary strike

Secondary strike
Other strikes
Lockouts
Gherao
METHODS OF
PREVENTION
OF
INDUSTRUAL
DISPUTES
PROCEDURE FOR TAKING
DISCIPLINARY ACTION
 Preliminary Investigation
 Issue of a Charge-sheet
 Suspension Pending Enquiry
 Notice of Enquiry
 Conduct of Enquiry
 Recording the Findings
 Awarding Punishment
 Communicating Punishment
ARBITRATION

MEANING- Process in which parties refer their disputes to

arbitrator.
FEATURES-
 Alternative to court litigation
 Privacy or confidentiality
 Party autonomy
 Arbitral award
 Arbitration agreement
PROCESS

LABOR UNION

MANAGEMENT

ARBITRATOR

ARBITRAL AWARD

ADJUDICATION
TYPES-
 Voluntary
 Compulsory
LIMITATIONS-
 Random judgment
 Excess arbitration not healthy
IMPORTANCE-
 Discretion to choose arbitrators
 Expeditious redressal
 Easy enforceability of arbitral award
 CONCILIATION
Meaning-
Reconciliation of differences between persons.
Also known as mediation

Conciliator officer –
Minimum 1
Enjoys power of a civil court
Judgment within 14 days
Removes differences, persuades and send reports
BOARD OF CONCILIATION

 When conciliation officer fails to resolve the dispute.

 Consists of a chairman and 2-4 members.
 Power of civil court –admits govt referred matters.
 Duration of judgment – 2 months.
 ADJUDICATION
Meaning-
Ultimate legal remedy for unresolved dispute

TYPES-
Voluntary And
 Compulsory
 3 TIER MECHANISM-

A. LABOR COURTS
1 independent person[presiding officer]
Qualifications-
High court judge
District judge[3 yrs]
Presiding labor court officer[5 yrs]
Judicial office[7 yrs]
 B. INDUSTRIAL TRIBUNALS

Wide jurisdiction
1 presiding officer [not attained 65 yrs]
Wages, allowances, bonus , PF, hours of work

C. NATIONAL TRIBUNALS

Central government constitutes one or more

Presiding officer should be high court judge and
not attained 65 yrs of age
 ARBITRATION VS CONCILIATION

• FORMAL AND INFORMAL • NO PRIOR AGREEMENT IN

CONCILIATION
AGREEM
NATURE
ENT

DECISION AVAILABI

-MAKING LITY
• BINDING DECISION OF • CURRENT AND FUTURE
THE ARBITRATOR DISPUTES IN ARBITRATION.
CASE STUDY: The Jet
Airways Pilots’ Protest,
2009
 2008: 1900 pilots
Pilots grew July 31: 2 pilots NAG tried to hold
sacked due to fin.
insecure, formed dismissed for no discussions with
constraints, later
NAG in 2009. reason. mgmt., but failed.
reinstated.

All discussions met

760 pilots go on Mgmt. obtained
with deadlock Aug 24: NAG
reported sick leave restraining order
Strike continues for issued strike notice.
unanimously. on strike from HC.
14 days.

Grievance
Tripartite
NAG withdrew committee formed
conciliatory
strike on Sept 7. to prevent such
meeting held.
cases in future.