Settlement MachineryTopic- Conciliation, Board

of conciliation ,Court of Enquiry ,Arbitration and

Adjudication

By Dolly Oza.

Government Machinery

Labour Administration(States & Central Levels)

Works Committee

Conciliation Voluntary Arbitration

Court Of Inquiry

Adjudication

Conciliation Board

Conciliation Officers

National Tribunal

Industrial Tribunal

Labour Court

Introduction: Conciliation is the most important method for

prevention and settlement of industrial disputes through third party intervention. It is an attempt to reconcile the views of disputants to bring them to an agreement.

It is a process by which representatives of the workers and the employers are brought together before a third person or a group of persons with a view to persuade them to arrive at an agreement among themselves by mutual discussion between them.

Conciliation

“The practice by which the services of a neutral third party are used in dispute as a means of helping the disputing parties to reduce the extent of their differences and to arrive at an amicable settlement or agreed solution. It is process of rational and orderly discussion of differences between the parties to a dispute under the guidance of a conciliator.” 

International Labor Organization

Definition.

The conciliation machinery in india consists of following:

1) Conciliation Officer.2) Board of Conciliation.3) Court of Enquiry.

Conciliation Machinery in India.

Conciliation officer means a conciliation officer appointed under act

The Approprite government may be notification in the official Gazette. Appoint conciliation officers.

These Officers are charged with the duty of mediating in & promoting the settlement of industrial dispute.

The officer enjoys the power of civil court and he is expected to give Judgment within 14 days of the commencement of the conciliation proceeding.

Conciliation officer

The appropriate government may appoint one or more conciliation officers as it thinks fit.

A conciliation officer may be appointed for a specified area or for one or more specified industries.

The appointment may be made either permanently or for a limited period.

The jurisdiction may be made either permanently or for a limited period.

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The jurisdiction, power & other matters in respect of the conciliation officer shall be published in the official Gazette.

To hold conciliation Proceeding To investigate The dispute To send a report and Memorandum of

settlement to appropriate govt. Where no settlement is Arrived at.

Duties.

A board consist of an independent chairman and two or four other members, representing the parties to the dispute.

The board conduct conciliation proceedings in same as the conciliation officer.

The board is however expected to submit report within two months of the date on which the dispute was referred

Board of conciliation.

In case the conciliation fail to resolve a dispute , a court of enquiry is constituted by the government to investigate the dispute and submit the report within six months.

This body basically is fact finding agency, constituted just to reveal the causes of the dispute and does not care much for the settlement thereof.

The report of the court shall be published by the government within 30 days of its receipt.

Court of Enquiry.

The term arbitration refers to the settlementof industrial dispute between the two parties

by means of a decision of an impartial body when efforts at conciliation have failed .

In conciliation , the wishes or point of view of the parties are very important and an agreement is arrived at in accordance with their wishes.

Arbitration

Thus in this the arbitrator is appointed by both the parties through mutual consent.

The arbitrator acts when the dispute is referred to him.

In order to promote arbitration, govt of india constitute National Arbitration promotion Board in 1967.

Voluntary Arbitration

The industrail dispute must exist. The agreement must be in writing The reference to voluntary arbitration must

be made before a dispute has been referred to under sec10 to a labor court, Tribunal or national tribunal.

The name of the arbitrator must be specified

The arbitrator must investigate the dispute and submit to the appropriate govt the arbitration award signed by the arbitrator.

The main ingredients of voluntary arbitration are:

Arbitration Conciliation

Arbitration is available for existing as well as for the future disputes.

Conciliation applicable only to existing disputes.

There is no need for a prior agreement for resorting to this method.

Prior agreement for arbitration between the parties is required.

The arbitrator does not merely assist the parties but he also actively arbitrates and resolves the dispute by making an arbitral award.

Role of conciliator is to help and assist the parties to reach an amicable settlement of their dispute.

The pre-agreement in arbitration must be in writing.

Since no pre-agreements are required in conciliation,there is no such binding in the case of conciliation.

Difference between.

Thus the arbitrator listens to the viewpoints parties and delivers an award or judgment on the dispute.

He submits his judgment on the dispute to the government.

Thereafter government publishes the award within 30days of its submission. The award became enforceable after 30days of its publication.

Meaning: “Adjudication involves intervention in the

dispute by a third party appointed by the government for the purpose of deciding the nature of final settlement”

When the government gets a report of the failure of conciliation, it has to decide whether it would be appropriate to refer the dispute to adjudication

Adjudication

The trade union cannot rely only on collective bargaining for the protection of the interest of the workers.

Therefore the need for the intervention by the government is felt. This , the government does by making references of dispute to the adjudication machinery

Conti…….

When the government gets a report of the failure of conciliation proceedings, it has to decide whether it would be appropriate to refer the dispute to arbitration.

The reference of dispute to adjudication is at the discretion of the government.

When both the parties , of their own accord, agree to refer the dispute to adjudication ,it is obligatory on the part of the government to make a reference. When a reference to adjudication is made by the parties, it is called Voluntary Adjudication.

Types of Adjudication

On the other hand , when reference is made to adjudication by the government without the consent of either or both the parties to the dispute, it is known as compulsory Adjudication.

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The industrail Disputes Act 1947 Provides For a three – Tier system of Adjudication:

(1)Labor court;(State and central govt)(2)Industrail Tribunals;(state and central govt)(3)National Tribunals.(only by Central govt)

Three-Tier system of Adjudication

The labor courts Adjudicate upon disputes listed in schedule II of the Act.

A labor court consists of one person only to be appointed by the appropriate government .

The person so appointed is known as Presiding Officer of a Labor court.

Constitution:A labor court shall consist of one person only,

who:

Labor Court.

(a) Is or has been a judge of a high court ;or(b) Has been , for a period of not less than 3

year, a district judge.(c) Has held any judicial office in india for not

less than 7 years.(d) He has been the presiding officer of a

labor court constituted under any provincial Act or state Act for not less than five years.

No person shall be appointed or continue in the office of the labor court if he is not an independent person ,or if he has attained the age of 65

The duties of labor court are:i) To hold adjudication proceeding expeditiously;

andii) Submit its award to the appropriate govt. as

soon as practicable on the conclusion of the proceedings. The award of a labor court is required to be in writing and shall be signed by its Presiding officer.

The propriety or legality of an order passed by an employer under the standing orders.

Discharge or dismissal of workers, including reinstatement of ,or grant of relief to , workers wrongfully dismissed.

Illegality or otherwise of a strike or lockout.

The Labor court deals with disputes relating to

The jurisdiction of Industrial Tribunal is comparatively wider than Labour Courts.

The government concern may appoint two assessors to advise the presiding officer in the proceedings.

The industrail tribunal may be appointed for a limited period on an ad hoc basis or permanently.

Award of the tribunal shall enforceable on the expiry of 30 days from the date of publication.

Industrail Tribunal.

A tribunal shall consist of one or more persons, such as

(a) He is or , has been , a judge of high court or,

(b) He has been District Judge(s) for a period of not less than 3 years ;

Constitution

Wages including the period and mode of payment.

Compensatory and other allowances. Hours of work and rest periods Leave with wages and holidays Bonus , profit sharing, provident fund and

gratuity Retrenchment and closure of establishment.

etc

Duties of Industrail tribunal

This is the third one-man adjudicatory body to be appointed by the central government to deal with disputes of national importance or issues which are likely to affect the industrail establishment in more than one state.

It shall consists of one person not below the rank of a high court and not below the age of 65 year .

National tribunal

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