Under the Guidance of Sir U.M.Dangarwala

Faculty of Post Graduate Master of Commerce

M.S.University of Baroda

Department of Commerce & Business Mgt.

WELCOME

Conciliation & Adjudication

Presented By:Sem Shaikh

Conciliation : Introduction:

Conciliation is the most important method for prevention and settlement of industrial disputes through third party intervention. It is an attempt to reconcile the views of disputants to bring them to an agreement.

It is a process by which representatives of the workers and the employers are brought together before a third person or a group of persons with a view to persuade them to arrive at an agreement among themselves by mutual discussion between them.

Definition :

“The practice by which the services of a neutral third party are used in dispute as a means of helping the disputing parties to reduce the extent of their differences and to arrive at an amicable settlement or agreed solution. It is process of rational and orderly discussion of differences between the parties to a dispute under the guidance of a conciliator.” 

International Labour organization:

Conciliation Machinery in India :

The conciliation machinery in india consists of following:1) Conciliation Officer.2) Board of Conciliation.3) Court of Enquiry.

(1) Conciliation officer : Conciliation officer means a conciliation officer appointed under act The Approprite government may be notification in the official Gazette.

Appoint conciliation officers. These Officers are charged with the duty of mediating in & promoting the

settlement of industrial dispute. The officer enjoys the power of civil court and he is expected to give

Judgment within 14 days of the commencement of the conciliation proceeding.

Duties of Conciliation Officer : To hold conciliation Proceeding

To investigate The dispute To send a report and Memorandum of settlement

to appropriate govt. Where no settlement is Arrived at.

(2) Board of Conciliation : A board consist of an independent chairman and two or

four other members, representing the parties to the dispute.

The board conduct conciliation proceedings in same as the conciliation officer.

The board is however expected to submit report within two months of the date on which the dispute was referred.

(3) Court of Enquiry : In case the conciliation fail to resolve a dispute , a court

of enquiry is constituted by the government to investigate the dispute and submit the report within six months.

This body basically is fact finding agency, constituted just to reveal the causes of the dispute and does not care much for the settlement thereof.

The report of the court shall be published by the government within 30 days of its receipt.

Difference Between Arbitration & Conciliation :

Adjudication :Meaning :

“Adjudication involves intervention in the dispute by a third party appointed by the government for the purpose of deciding the nature of final settlement”

When the government gets a report of the failure of conciliation, it has to decide whether it would be appropriate to refer the dispute to adjudication

Types of Adjudication : When the government gets a report of the failure of

conciliation proceedings, it has to decide whether it would be appropriate to refer the dispute to arbitration.

The reference of dispute to adjudication is at the discretion of the government.

When both the parties , of their own accord, agree to refer the dispute to adjudication ,it is obligatory on the part of the government to make a reference. When a reference to adjudication is made by the parties, it is called “Voluntary Adjudication”. On the other hand , when reference is made to adjudication by the government without the consent of either or both the parties to the dispute, it is known as “compulsory Adjudication”.

Three –Tiers Systems of Adjudication : The industrail Disputes Act ,1947 Provides For a

three – Tier system of Adjudication:(1) Labour court;(State and central govt.)(2) Industrial Tribunals;(state and central govt.)(3) National Tribunals.(only by Central govt.)

(1)Labour Court: The labor courts Adjudicate upon disputes listed in schedule II of

the Act. A labor court consists of one person only to be appointed by the

appropriate government . The person so appointed is known as Presiding Officer of a

Labor court.Labour Court Deals with disputes relating to :

The propriety or legality of an order passed by an employer under the standing orders. Discharge or dismissal of workers, including reinstatement of ,or grant of relief to ,

workers wrongfully dismissed. Illegality or otherwise of a strike or lockout.

(2) Industrial Tribunal: The jurisdiction of Industrial Tribunal is comparatively wider than

Labour Courts. The government concern may appoint two assessors to advise the

presiding officer in the proceedings. The industrail tribunal may be appointed for a limited period on an ad

hoc basis or permanently. Award of the tribunal shall enforceable on the expiry of 30 days from

the date of publication.Constitution : A tribunal shall consist of one or more persons, such as

(a) He is or , has been , a judge of high court or,(b) He has been District Judge(s) for a period of not less than 3

years ;

Duties of Industrial Tribunal : Wages including the period and mode of payment.

Compensatory and other allowances. Hours of work and rest periods Leave with wages and holidays Bonus , profit sharing, provident fund and gratuity Retrenchment and closure of establishment. etc

(3) National Tribunal :

This is the third one-man adjudicatory body to be appointed by the central government to deal with disputes of national importance or issues which are likely to affect the industrail establishment in more than one state.

It shall consists of one person not below the rank of a high court and not below the age of 65 year .