SETTLEMENT OF INDUSTRIAL DISPUTE BETWEEN

EMPLOYER AND EMPLOYEE

Lakshminarayanan AlagurajaAdvocate

Altacit Global

THE INDUSTRIAL DISPUTES ACT, 1947

• An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes.

INDUSTRIAL DISPUTE

• Any dispute or difference between employers and employers, or between employers and workmen, 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.

PROCEDURES FOR SETTLING LABOUR DISPUTE

• Collective Bargaining, • Negotiation, • Conciliation and Mediation, • Arbitration and • Adjudication

– Labour Court (Section 7)– Industrial Tribunal (Section 7A)– National Tribunals (Section 7B)

COLLECTIVE BARGAINING

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

NEGOTIATION

• Negotiation is one of the principal means of settling labour disputes.

• However, 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.

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.

• Mediator on the other hand is more actively involved while assisting the parties to find an amicable settlement. 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.

ARBITRATION

• The resort to arbitration procedure may be compulsory or arbitrary .

• 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.

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.

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.

• Both rights and interest disputes.

National Tribunals

• National Tribunals are constituted by the Central Government for the adjudication of industrial disputes which, in the opinion of the Central Government, 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, or affected by such disputes.

INDUSTRIALDISPUTES

Compulsory Adjudication LC, IT, NT

Award Sec. 18(3) of ID Act

Publication of award

Judicial review - Art. 226 orArt. 136

Voluntary Arbitration – 10-A

Award – 18(2) & 18(3)

Judicial review - Art. 226 orArt. 136

Conciliation (if successfulSettlement)

Sec. 18(3) of The I D act

Collective Bargaining –If successful – settlement

Sec. 18(1) of ID Act

Reference by theAppropriate Government

Sec. 10(1)

S. 2-A, 33-A

THANK YOU