dispute settelment 7

8/8/2019 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.

dispute settelment 7

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