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3 marks

1.What do you mean by Industrial Conflicts / Disputes?


Industrial Disputes mean any dispute or difference between employers and employers, or
between employers and workmen or between workmen and workmen, which relates to the
employment or non – employment or term of employment or with the conditions of labour of
any person.

2. What are the Aim and Objective for the Factories act 1948?
1. Working hours: According to the Adult Working Hours Regulations, adult workers cannot work
more than 48 hours a week in the factory. There should be a weekly vacation
2. Health: To protect the health of workers, the Factories act 1948 requires all factories to be kept
clean and take all necessary precautions. The factory needs proper lighting, drainage system,
ventilation, temperature, etc. Drinking water should be provided with safe preparation. Sufficient
toilets and urinals need to be installed in the right place. These need to be easily accessible to
workers and should be kept clean
3. Security: To ensure worker safety, the Factories act 1948 fences machines, does not allow young
people to work on dangerous machines, and manholes to be arranged for in reasonably sized
confined spaces to allow workers to escape in an emergency

3. What is the importance of the Factories Act 1948?


The Factories act 1948 is a useful and productive law. The main purpose and objective of the Factories
act 1948 are to protect the interests of workers, stop exploitation and ensure workplace safety, hygiene
and well-being. It imposes various rules, obligations, and responsibilities on factory owners and factory
managers. Legal amendments and court decisions have further expanded the nature and scope of the
vocational concept, especially concerning the process of dangerous processes and handling of
machinery in factories.

4. What are the objec ves of industrial dispute act, 1947?


The Act also lays down:

1. The provision for payment of compensation to the workman on account of closure or lay off
or retrenchment.
2. The procedure for prior permission of appropriate Government for laying off or retrenching
the workers or closing down industrial establishments
3. The actions to be taken against unfair labour practices on part of an employer or a trade
union or workers.
5. What are employer/employee relations?
Employer/employee relations refer to the relationship between an employer and an employee.
This relationship is a contract between the two parties, which can be either written or verbal.
These relations are important because they affect both parties. For example, it's necessary for
employers to get the most out of their employees as this helps them stay competitive in their
industry. Employee output can help them stay ahead of their competitors. An employee wants to
feel valued by their employer so they produce quality work and remain loyal to their company.

10 Marks
1. Machinery for settlement of industrial disputes
The Industrial Disputes Act of 1947 establishes a complex and effective mechanism for
the peaceful and amicable resolution of industrial disputes. They are as follows:

 Conciliation
 Arbitration
 Adjudication

Conciliation method
Conciliation is a form of conversation or negotiation in which disputing parties voluntarily
find an agreeable conclusion acceptable to both sides. The parties’ conversations and
negotiations may be begun by the parties themselves or by the efforts of a third party
impartial to the issue. This third impartial person works as a conciliator, mediating and
promoting the resolution of the issue.

Conciliation is distinguished by the fact that the parties to the disagreement reach an
agreement willingly, without any force or compulsion from the conciliator or anybody
else. Conciliation is useful as a technique for resolving industrial disputes since it
preserves amity and good ties between the employer and the workers because it is an
out-of-court settlement of the problem.

Arbitration Method
Arbitration is a procedure in which the parties to a disagreement agree to send the
matter voluntarily to a third impartial person known as an Arbitrator for resolution. After
hearing both parties to the disagreement, the Arbitrator issues a binding award
determining the rights and responsibilities of the parties to the dispute. Arbitration is an
out-of-court technique of resolving disputes and is a low-cost and quick method of
resolving disputes. It is used to resolve industrial disputes under Section 10A of the
Industrial Disputes Act of 1947.
Under Section 10A(1) of the Act, the parties to an industrial dispute may voluntarily
submit an industrial dispute to an Arbitrator by a written agreement.

Adjudication Method
The adjudication of an industrial dispute is a mandatory procedure for resolving the issue.
After hearing both parties and examining the merits of the disagreement and information
on record, the adjudicatory authority assesses the rights and responsibilities of the
parties to the dispute and makes its award. If the aggrieved party who is dissatisfied with
the verdict does not appeal to the appellate authority, the adjudicatory authority’s award
is final and binding on the parties.

According to Section 10 of the Industrial Disputes Act of 1947, when a disagreement or


dispute is reported to adjudicatory authority by the appropriate Government, it can be
resolved by adjudication. Even if the parties to the dispute have not requested a referral
to the adjudicatory authority from the relevant Government, the appropriate Government
can do so at its discretion.

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