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MATRIMONIAL

ISSUES: METHODS
OF DISPUTE
RESOLUTION
PRESENTED BY
INDRALINA SEN,
LL.M.

1987 Arbitration and Conciliation Act. 1976 The Employees’ State Insurance Act. 11. 7. 1996 Employment Rights Act. 1947 The Family Court’s Act. 3. 8. 1952 . 2003 The Employees’ Deposit Link Insurance Scheme. 1948 Workmen’s’ Compensation Act. 12. The Constitution of India The Hindu Marriage Act. 9. 4. 2. 6. 5. 1923 The Employees’ Provident Funds and Miscellaneous Provisions Act.TABLE OF STATUTES 1. 1984 Code of Civil Procedure 1908 as amended in 1976. 1955 The Industrial Disputes Act. 1999 and 2000 Legal Services Authorities Act. 10.

What are the various means through which other than court litigation disputes can be solved? d. Till date judiciary was the best method of resolving any dispute. What are the methods of resolving the disputes through other means of resolution? d.in what ways will be discussed later in this presentation. but now the alternative dispute resolution mechanism has proved to be the best way of resolving a dispute in a much efficient and time consuming manner . What is an ADR? b. What are the disputes that normally arise in an employer and an employee and in a matrimonial relationship? c. Did ADR really prove to be the best method of resolving the dispute? . But for this reason we first need to know: a.This presentation is based on the different types of disputes that arise between an employer and an employee and in a matrimonial relationship and the best way through which these disputes may be solved.

 ADR is widely accepted for the following reasons: a. Simple Modus operandi e.WHAT IS ALTERNATIVE DISPUTE RESOLUTION? Alternative Dispute Resolution are also called External Dispute Resolution. Less cost than litigation b. First choice for secrecy c. Speedy resolution of dispute d. More co – operative and Less competitive etc.  .  It is the blistering new – fangled socio – legal concept of the 1990s.

illegal strikes and lockouts Grievance disputes: may pertain to discipline. rights of supervisors etc. acts of violence. promotion. also some times called interpretation disputes Recognition disputes: over the rights of a TU to represent class or category of workers . discriminatory treatment. working time. failure to implement an award.TYPES OF EMPLOYER – EMPLOYEE DISPUTES Interest disputes: arising out of deadlocks in negotiation for collective bargaining Unfair labor practices: those arising out of right to organize. wages.

TYPES OF MATRIMONIAL ISSUES       Divorce or. . or The custody of the minor. Guardianship of a person. nullity of marriage. The property of the spouses or of either of them. Maintenance. Dowry etc.

The object of the enactment of The Industrial Disputes Act. Thus The Industrial Disputes Act is a legislation calculated to ensure social justice to both employer and employees and advance the progress of industry by bringing about the existence of harmony and cordial relationship between the parties.LAWS GOVERNING EMPLOYER – EMPLOYEE DISPUTES Legislation plays an important role in the decision making in our country. The Indian Contract Act.  to prohibit and restrict strikes and lock – outs. Other than this. 1872 also plays a role.  to provide retrenchment compensation to retrenched employees. Thus in this presentation it is important to know about the law that govern and helps to settle the disputes between an employer and an employee. . 1947 can be summarized as follows:  To provide effective means of settlement of industrial disputes. The Industrial Disputes Act.  to provide certain rules regarding lay – off. 1947 deals with the relations between the employer and the employees and thereby helps to restore and maintain industrial peace.

LAWS GOVERNING MATRIMONIAL DISPUTES: The laws that helps to resolve the disputes in a matrimonial relationship are: 1. The Family Courts Act. Some provisions of the Code of Civil Procedure.1984 2.1955 3. . The Hindu Marriage Act.

time consuming. The points that will be discussed are:  Negotiation: As a Prime Method of Employer and employee Dispute Resolution  Arbitration under The Industrial Disputes Act.EMPLOYER – EMPLOYEE DISPUTES VIS –A – VIS ALTERATIVE DISPUTE RESOLUTION SYSTEM As discussed earlier Alternative Dispute Resolution involves. costly litigation processes. commonly known as interest arbitration. 1947  Mediation in Employment Disputes  Labour Arbitration – Coal Strikes. . 1902. conciliation. mediation. now with the help of these mechanisms the disputes between an employer and an employee can be resolved without going into any further complex. arbitration. negotiation etc.

Similarly the methods of resolving the matrimonial disputes through other methods of dispute resolution are as follows: Conciliation under The Family Court’s Act.MATRIMONIAL DISPUTES VIS – A .VIS CONCILIATION. 1984. Use of Mediation in Family Cases Lok Adalats etc.    It is observed above that the employer and employee disputes can be well settled through the various methods of dispute resolution other than Court litigation. . MEDIATION ETC.

and takes harassing. proved to be much more beneficial than litigation processes which are more expensive. conciliation. time consuming. nowadays. but with the want of time and flexibility much of the disputes are being resolved by the Alternative Dispute Resolution mechanisms. The arbitration. . Alternative Dispute Resolution mechanism is the most accepted and the best way of solving any dispute. Therefore.CONCLUSION Thus it can be concluded by saying that Courts no doubt plays an important role in resolving disputes. mediation. negotiation etc.