machinery to solve industrial dispute vc

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.