Dispute Resolution: Industrial Dispute Resolution Issues, Trends and Implications
Dispute Settelment 7
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Transcript of Dispute Settelment 7
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DISPUTE SETTLEMENT
MACHINERY
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TYPES
COLLECTIVE BARGAINING
MEDIATION
CONCILIATION ARBITRATION
ADJUDICATION:
1.Labour court.
2.Industrial tribunal.
3.National tribunal.
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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 WITHOUTGIVING ANY IMPOSING DECISION.
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ESSENTIALS
CLIMATE OF CONSENT.
IMPARTIAL & UNPREJUIDICED
PERSON. INFLUENTIAL & MUST INFUSE
CONFIDENCE IN PARTIES.
GOOD LISTENER.
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CONCILIATION
INDUSTRIAL DISPUTES ACT 1947, CENTRAL ORSTATE GOVT.(APPROPRIATE) CAN APPOINT
CONCILIATION OFFICER BY NOTIFICATION INOFFICIAL GAZETTE TO THAT EFFECT.
Can be :
appointed for specified industry in any area or for one ormore specified industries.
Can be permanently appointed or for a limited period.
No.of con. Officers to be appointed is determined bymiscelleneous legislation.
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CONCILIATION OFFICER
For the disputes related to public utility services,the conciliation proceedings must be held inprescribed manner. In other cases its
discretionary. If settlement is reached he must send a report
together with the memorandum of settlementsigned by parties to appropriate govt.
If no settlement is reached,the CO has to sendreport setting forth the steps taken, & probablereasons for the failure.(with in 14 days ofcommencement ofconciliation proceedings).
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continued
The app.govt may (in case of non
settlement) or may not refer the dispute to
any authority under the act.Non referencerequires proper communication & records.
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Boardofofconciliation
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).
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CONCILIATION PROCEEDINGS
Appropriate govt. refers the dispute to theCB when any industrial dispute hasoccurred.
When parties to dispute apply jointly orseperatly for the refernce of dispute to theboard,then if govt. is satisfied that the
persons applying for are the majority oftheir party then such reference can bemade.
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The board enjoy following powers;
1. May enter the premises.
2. Can enforce the attendance of anyperson & examine him on oath.
3. Can compel a party to produce relevant
document & objects.4. Can issue a commission for examination
of witness.
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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.
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TYPES OF ARBITRATION
1. Voluntaryarbitration: 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 thoughin most of the cases it has to be
accepted.
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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:
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1. Parties fail to arrive at a settelment byvolunary method.
2. Event of national emergency.
3. Nation in economic crisis.
4. Acute public dissatisfaction with theexisting IR System.
5. Ill balanced parties.CA LEAVES NO SCOPE FOR STRIKES &
LOCKOUTS.
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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.
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TYPES OF ADJUDICATION.
1. VOLUNTARY
2. COMPULSORY
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3 TIER SYSTEM
1. LABOUR COURT: for the disputes listed inschedule 2 of the act.
CONSTITUTION ofLABOUR 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.
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JurisdictionofLC
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.
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INDUSTRIAL TRIBUNAL
Appropriate govt. may appoint one or more IT . Formatters 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 anymember of labor appellate for not less than 2yrs.
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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 govts Its cum labour courts.
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NATIONAL TRIBUNALS
Central govt. in notification in official gadzetteconstitutes one or more NTs for adjudication.
For disputes that involve questions of nationalimportance.
CONSTITUTION:
1. One persononly:
Is or has been judge of high court.
Has held the office of chairman or any memberof labor appellate for not less than 2 yrs.
If govt. thinks fit ,may appoint 2 persons as toadvice the NTs on the proceeding s before it.