DISPUTE SETTLEMENTMACHINERY

TYPES

• COLLECTIVE BARGAINING• MEDIATION• CONCILIATION• ARBITRATION• ADJUDICATION: 1.Labour court. 2.Industrial tribunal. 3.National tribunal.

MEDIATION

• ANCIENT & HONOURABLE PROCESS• IIIRD PARTY IRON OUT THE DIFFERENCES.• ASSISTS PARTY IN NEGOTIATION.• ACTS AS CONFIDENTIAL ADVISOR.• MESSENGER BTW PARTIES.• EVALUATES POSITION OF EACH PARTY.• HELPSTHEM TO ATTAIN ACCORD WITHOUT

GIVING ANY IMPOSING DECISION.

ESSENTIALS

• CLIMATE OF CONSENT.

• IMPARTIAL & UNPREJUIDICED PERSON.

• INFLUENTIAL & MUST INFUSE CONFIDENCE IN PARTIES.

• GOOD LISTENER.

CONCILIATION

INDUSTRIAL DISPUTES ACT 1947, CENTRAL OR STATE GOVT.(APPROPRIATE) CAN APPOINT

CONCILIATION OFFICER BY NOTIFICATION IN OFFICIAL GAZETTE TO THAT EFFECT.

Can be :• appointed for specified industry in any area or for one or

more specified industries.• Can be permanently appointed or for a limited period.• No.of con. Officers to be appointed is determined by

miscelleneous legislation.

CONCILIATION OFFICER

• For the disputes related to public utility services, the conciliation proceedings must be held in prescribed manner. In other cases its discretionary.

• If settlement is reached he must send a report together with the memorandum of settlement signed by parties to appropriate govt.

• If no settlement is reached,the CO has to send report setting forth the steps taken, & probable reasons for the failure.(with in 14 days of commencement ofconciliation proceedings).

……continued

• The app.govt may (in case of non settlement) or may not refer the dispute to any authority under the act.Non reference requires proper communication & records.

Board of of conciliation

• Ad hock body by app. govt.• App govt. cannot refer criminal proceeding to CB.• CB can enforce an award.• Can not trust upon contending parties.• CB may be constituted by notification in official gazette.• CB consists of a Chairman (independent, unconnected

to dispute) & 2 to 4 member (representatives of parties).

CONCILIATION PROCEEDINGS

• Appropriate govt. refers the dispute to the CB when any industrial dispute has occurred.

• When parties to dispute apply jointly or seperatly for the refernce of dispute to the board,then if govt. is satisfied that the persons applying for are the majority of their party then such reference can be made.

The board enjoy following powers;

1. May enter the premises.

2. Can enforce the attendance of any person & examine him on oath.

3. Can compel a party to produce relevant document & objects.

4. Can issue a commission for examination of witness.

ARBITRATION

• Unlike conciliation the decision is binding on both the parties in arbitration & also the approach & spirit is different.

• No scope for compromise.

• A means of securing an award on a conflicting issue.

TYPES OF ARBITRATION

1. Voluntary arbitration: the parties to dispute themselves refer voluntarily any dispute to arbitration before its referred for adjudication.its specially needed for disputes arising under agreements.Enforcement of the award must not be necessary or binding though in most of the cases it has to be accepted.

2.COMPULSORY ARBITRATION:when either of the agrieved party to dispute applies to the app. Govt. fo.r the settlement.

OR

Where the parties are forced to arbitration by the state under compulsory arbitration,the conditions can be:

1. Parties fail to arrive at a settelment by volunary method.

2. Event of national emergency.3. Nation in economic crisis.4. Acute public dissatisfaction with the

existing IR System.5. Ill balanced parties.CA LEAVES NO SCOPE FOR STRIKES &

LOCKOUTS.

ADJUDICATION

• THE ULTIMATE LEGAL REMEDY FOR THE SETTLEMENT OF AN INDUSTRIAL DISPUTE IS ITS REFERENCE TO ADJUDICATION BY THE GOVT..

• PURPOSE IS TO DECIDE THE NATURE OF FINAL SETTLEMENT.

TYPES OF ADJUDICATION.

1. VOLUNTARY

2. COMPULSORY

3 TIER SYSTEM

1. LABOUR COURT: for the disputes listed in schedule 2 of the act.

CONSTITUTION of LABOUR COURT• ONE PERSON ONLY.1. Is or has been judge of high court.2. Has been for atleast 3 monts a district judge.3. Held judicial office for not less then 7 years.4. Independent person.5. Aged 65 years or more.

Jurisdiction of LC

Deals with day to day matters. Matters specified in 2nd schedule are:

1. Standing order(terms of employment).

2. Application & interpretation of SO.

3. Discharge & dissmissal.

4. Withdrawl of customary concession or privileges.

5. Illigality of strike or lockout.

INDUSTRIAL TRIBUNAL

Appropriate govt. may appoint one or more IT . For matters related to new demands & those in 3rd schedule. Can be ad hoc or permanent.

CONSTITUTION OF ITCONSISTS of one or more person such as:1. Are or have been judges to high court.2. District judge for not less then 3 years.3. Have held the office of chairman or any

member of labor appellate for not less than 2 yrs.

JURISDICTION OF IT

• WIDER JURISDICTION THAN LC.• PROMOTION OF SOCIAL JUSTICE.• Matters of 3rd schedule are:1. Relating to wages.2. Hrs of work & rest issues.3. Leaves , with wages & holidays.4. Bonuses , PFs Gratuity.5. Shift working .6. Classifications of grades.7. Rules,rationalisation.8. Retrenchment & closure.In India 12 central govt’s Its cum labour courts.

NATIONAL TRIBUNALS

• Central govt. in notification in official gadzette constitutes one or more NTs for adjudication.

• For disputes that involve questions of national importance.

CONSTITUTION:1. One person only:• Is or has been judge of high court.• Has held the office of chairman or any member

of labor appellate for not less than 2 yrs.• If govt. thinks fit ,may appoint 2 persons as to

advice the NTs on the proceeding s before it.