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SETTLEMENT OF INDUSTRIAL DISPUTE BETWEEN EMPLOYER AND EMPLOYEE

Lakshminarayanan Alaguraja Advocate Altacit Global

. 1947 • An Act to make provision for the investigation and settlement of industrial disputes. and for certain other purposes.THE INDUSTRIAL DISPUTES ACT.

or between workmen and workmen. which is connected with the employment or non-employment or the terms of employment or with the conditions of labour. of any person. or between employers and workmen.INDUSTRIAL DISPUTE • Any dispute or difference between employers and employers. .

Conciliation and Mediation. Negotiation. Arbitration and Adjudication – Labour Court (Section 7) – Industrial Tribunal (Section 7A) – National Tribunals (Section 7B) .PROCEDURES FOR SETTLING LABOUR DISPUTE • • • • • Collective Bargaining.

by agreement. although reluctantly. between labour and management. The dispute is settled peacefully and voluntarily. are resolved amicably.COLLECTIVE BARGAINING • Collective Bargaining is a technique by which dispute as to conditions of employment. rather than by coercion. .

due to lack of trust between the employers and workmen or their trade unions or inter-rivalry of the trade unions and the employers being in a commanding position. . many a time negotiations fail. • However.NEGOTIATION • Negotiation is one of the principal means of settling labour disputes.

• Mediator on the other hand is more actively involved while assisting the parties to find an amicable settlement.CONCILIATION & MEDIATION • Through conciliation and mediation a third party provides assistance with a view to help the parties to reach an agreement. The conciliator brings the rival parties together discuss with them their differences and assist them in finding out solution to their problems. Sometimes he submits his own proposals for settlement of their disputes. .

.CONCILIATION OFFICERS • Appointed by the appropriate Government • Duty: Settlement of industrial disputes. • Nature : Appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.

• Compulsory arbitration is the submission of disputes to arbitration without consent or agreement of the parties involved in the dispute and the award given by the arbitrator being binding on the parties to the dispute. .ARBITRATION • The resort to arbitration procedure may be compulsory or arbitrary .

Labour Courts • Labour Courts are constituted by the appropriate Govt. for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act. . • These matters are concerned with the rights of workers.

• Both rights and interest disputes.INDUSTRIAL TRIBUNALS • Tribunals are constituted by the appropriate Govt. for the adjudication of industrial disputes relating to any matter specified in the Second Schedule or the Third Schedule and for performing such other functions as may be assigned to them under this Act. .

involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in. in the opinion of the Central Government. .National Tribunals • National Tribunals are constituted by the Central Government for the adjudication of industrial disputes which. or affected by such disputes.

18(1) of ID Act . IT.Art. 136 Collective Bargaining – If successful – settlement Sec. 18(3) of ID Act Publication of award Conciliation (if successful Settlement) Sec.Compulsory Adjudication Reference by the Appropriate Government Sec.Art. NT Award Sec. 10(1) S. 136 Voluntary Arbitration – 10-A Award – 18(2) & 18(3) Judicial review . 226 or Art. 2-A. 18(3) of The I D act INDUSTRIAL DISPUTES Judicial review . 226 or Art. 33-A LC.

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