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Industrial Dispute means any dispute
or difference between employers and
employers or employers and workmen
or between workmen and workmen
which is connected with employment
or non employment or terms of
employment or conditions of labour.
• Industrial conflicts constitute militant and organised protests against existing industrial conditions.
• They are symptoms of industrial unrest.
• The term ‘industrial dispute’ as described in the Industrial Disputes Act, 1947 is characterized by the following features.
Features of the term ‘industrial dispute’.• There should be a Difference or Dispute.• The dispute could be between Employer-employer,
Employee-employee Or Employer-employee.• The dispute must pertain to some work-related
issue.• The dispute must be raised by a group or class of
workers. • For example: the dispute between one or two
workers and the respective employer is not an industrial dispute.
Reasons:
› Property
› Holdings &
Stakes
› Policy
dispute
› Ownership
etc.,
Reasons
› Work
Problems
› Quarrels
› Senior –
Junior
problems
› Ragging
Reasons
› Salary
› Wages
› Bonus
› Safety
› Welfare
› Health
› Retrenchment
› Lockouts. etc
Employer and Employee dispute
To maintain
› Industrial
Peace
› Industrial
Harmony
› Hygiene &
Health
Machineries
AdjudicationConciliatory Arbitration
Works Committee
Board of Conciliation
Conciliation Officer
Labour Court
Industrial Tribunal
National Tribunal
Third Party Arbitration
Negotiations between an
employer and a group of
employees so as to
determine the conditions of
employment.
The result of collective
bargaining procedures is a
collective agreement.
Employees are often
represented in bargaining by
a union or other labor
organization.
Conciliation refers to the process by which representatives of employees and employers are brought together before a third party with a view to discuss, reconcile their differences and arrive at an agreement through mutual consent.
Also Termed as Collective Bargaining……..
Conciliatory
Works Committee Board of Conciliation
Conciliation Officer
This is the primary
machinery in
resolving dispute.
It is present in
Factories employing
100 or more workers.
Equal proportionate Representation of
members in works committee.
Trade Union engaged in selection of
workmen selection amongst workmen.
Employers nominate the representative
amongst themselves.
Total no shall not exceed…..20.
To promote measures for securing &
preserving the peace .
Comment on matter of common interest,
concern and Endeavour.
Smooth away frictions.
Recommendations not binding or it cannot
pass final judgment.
If dispute is not solved through works Committee, it will be referred to Conciliation Officer‘. He is appointed by Government.
Appointed by govt. for specific area or specific industry.
They are engaged as third party in the dispute.
Promotes the fair and amicable settlement of industrial dispute.
After giving reasonable notice may enter the industrial establishment and enquiry and inspection.
Conciliation Officer sends his report to appropriate government within 14 days of conciliation process
Appropriate Govt. by notification in official Gazette constitute a Board.
The board comprise of neutral – independent chairman.
It consist of two or four other members who are equally represented.
The board may act even in absence of chairman if they satisfy quorum.
To bring about settlement of dispute within two months.
If it achieves success in attaining the settlement amongst parties it with the signatures of parties submit the report to Board of Conciliation.
If no settlement is arrived or on suggestion of report Appropriate govt. refers the matter to Labour Court, Industrial or National Tribunal.
Appropriate govt. may appoint two or
more persons as court of inquiry.
A chairman among them is appointed.
They inquire in the matter.
Make report to the govt.
Time period 6 months
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning
Adjudication
Labour Court Industrial Tribunal National Tribunal
Appropriate govt. appoints the labour
court.
It shall consist of one person only to be
appointed by appropriate govt.
He is the presiding officer of the court.
Holds its procedures expeditiously.
Submit its award to appropriate govt.
No time limit has been laid down.
Dismissal or discharge or grant of relief
to workmen wrongfully dismissed.
Illegality or otherwise of a strike or
lockout.
Withdrawal of any customary
concession or privileges.
Appropriate govt. may appoint one or
more industrial tribunals.
It shall consist of one person to be
appointed by appropriate govt.
Wages
Compensatory and other
allowances
Hours of work and rest
intervals
Leave with wages and
holidays
Bonus, profit-sharing, PF etc.
Rules of discipline
Retrenchment of workmen
Working shifts other than in
accordance with standing
orders
The central government may, by notification in the official gazette, constitute one or more National Tribunals for the adjudication of Industrial Disputes in Matters of National importance.
Matters which are of a nature such that industries in more than one state are likely to be interested in, or are affected by the outcome of the dispute.
It is the duty of the National Tribunal to hold its proceedings expeditiously and to submit its report to the central government within the stipulated time.