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SETTING INDUSTRIAL DISPUTES

SETTING INDUSTRIAL DISPUTES. Setting Industrial Disputes. The various machineries under the Industrial Disputes Act can be classified as under the following heads. Conciliation - Works Committee - Conciliation Officer - Board of Conciliation Arbitration - Court of Inquiry Adjudication

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SETTING INDUSTRIAL DISPUTES

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  1. SETTING INDUSTRIAL DISPUTES

  2. Setting Industrial Disputes The various machineries under the Industrial Disputes Act can be classified as under the following heads. Conciliation - Works Committee - Conciliation Officer - Board of Conciliation Arbitration - Court of Inquiry Adjudication - Labour Court - Industrial Tribunal - National Tribunal

  3. CONCILIATION Conciliation is an important method for the settlement of industrial disputes through third party intervention. It is an effort to reconcile the view of disputants, to bring them to an agreement. Conciliation is generally understood as the friendly intervention of a neutral person, in a dispute, to help the parties to settle their differences peacefully. Conciliation aims to bring about the speedy settlement of disputes without resorting to strikes or lock outs.

  4. CONCILIATION Various methods of Conciliation: Works Committee (Section 3) Works Committee shall be constituted in every establishment where 100 or more workmen are employed or have been employed on any day in the preceding 12 months, to promote measures for securing and preserving amity and good relationships between employers and workmen. It shall consists of any equal number of representatives of employers and also elected representatives of workmen (the total number not to exceed 20)

  5. CONCILIATION Various methods of Conciliation: Works Committee (Section 3) The representatives of the employer are to be nominated by the employers. The representatives of the workmen are to be nominated by the registered trade unions, or by non-members, if there is no trade union. The tenure of office of the representatives is for two years and they lose membership, if they fail to attend three consecutive meetings.

  6. CONCILIATION Various methods of Conciliation: Works Committee (Section 3) The Committee may meet as often as possible but not less than in 3 months. The Committee shall represent various categories, groups and classes of workmen engaged in different sections, departments of the establishment. It shall have among its office bearers a Chairman, Vice Chairman, Secretary.

  7. CONCILIATION Works Committee (Section 3) The employers are required to provide accommodation for holding meetings of the committee. The Work Committee is set up with a definite objective, limited power and scope. For this reason, in many cases they have been mere instruments without teeth or sharpness and large number of them have proved to be ineffective in practice.

  8. CONCILIATION Works Committee (Section 3) Works Committee is entitled to; Discuss grievances arising out of the disciplinary action or Take up such matters which fall under the purview of Standing Orders or Enter into an agreement with the employer on changes in condition of service or Replace the Unions for the purpose of collective bargaining.

  9. CONCILIATION Works Committee (Section 3) The decision of the Works Committee is neither agreement nor compromise. It is neither binding on the parties nor enforceable under the Act. Its task is only to smooth away frictions or roughness that might arise between the workmen and the management in day to day work.

  10. CONCILIATION Conciliation Officer (Section 4) The appropriate government is empowered to appoint desired number of conciliation officers by notification in the Official Gazette for the settlement of industrial disputes. The number of conciliation officers to be appointed on the basis of volume of work and the quality of industrial disputes by the appropriate government.

  11. CONCILIATION Conciliation Officer (Section 4) A Conciliation Officers may be appointed for a specified area or for specified industries and either permanently or for a limited time. His main duty is to bring the parties to come to a fair and amicable decisions on matters. He is an independent person who investigates the dispute.

  12. CONCILIATION The Conciliation Officer has wide powers of making investigation into an industrial dispute. For the purpose of bringing about a settlement, he must, without delay, hold the meeting of the representatives of the parties, jointly or separately. If a settlement is arrived at in the course of conciliation proceedings, the Conciliation Officer can send a report together with a Memorandum of settlement signed by the parties to the dispute, to the appropriate government.

  13. CONCILIATION If no settlement is reached, the Conciliation Officer is required to send a full report to the appropriate government. The report shall contain a full statement of facts and circumstances of the dispute. The Conciliation Officer can only send a report but has no authority to pass a final order. He must submit the report of the settlement or non-settlement of the dispute within 14 days of the commencement of the conciliation proceedings or within such short period as may be fixed by the appropriate govt.

  14. CONCILIATION A Conciliation proceedings is deemed to have been commenced on the date on which a notice of strike or lock out is received by the Conciliation Officer.

  15. CONCILIATION Board of Conciliation (Section 5) A Board of Conciliation is constituted as an adhoc body by the appropriate government by notification in the official gazette. Its purpose is to mediate and to bring the parties to come to a fair and amicable settlement. The Board cannot enforce an Award. It also cannot thrust upon the contending parties its own terms and conditions of settlement.

  16. CONCILIATION Board of Conciliation (Section 5) It can take action only when a dispute has been referred by the Govt. It shall consist of a Chairman and two or four members as the government thinks fit, who shall be appointed to represent the party. If any party fails to recommend any name within the prescribed time, the appropriate government shall appoint persons as it thinks fit to represent to party.

  17. CONCILIATION Board of Conciliation (Section 5) The Act requires that the appointment of Board of Conciliation together with the names of the persons constituting it shall be notified in the Official Gazette. The Members of the Board shall enjoy more powers than those enjoyed by the Conciliation Officer.

  18. CONCILIATION Board of Conciliation (Section 5) The Board shall strive to bring about settlement between the parties without delay and investigate the dispute for the purpose of bringing the parties to come to a fair and amicable settlement of the dispute. If a settlement is arrived, the Board shall send a report to the appropriate government with Memorandum of Settlement signed by the parties.

  19. CONCILIATION Board of Conciliation (Section 5) If no settlement is arrived, send a report to the appropriate government stating… 1. the facts and circumstances, 2. the steps taken, 3. the reasons why no settlement was arrived and 4. its recommendations for the determination of the dispute. - A Board of Conciliation can only try to bring a settlement and it has no power to impose a settlement upon the parties.

  20. CONCILIATION Board of Conciliation (Section 5) The Board must submit its report within 2 months of the date or within such shorter time as the government may fix. The time may be extended by the government up to 2 months, with the contents of both the parties in writing. The report must be signed by all the members. A member can submit a dissenting (disagree) minute.

  21. CONCILIATION Board of Conciliation (Section 5) Every report together with the minute of nonconfirming must be published by the appropriate government within 3 days from its receipt. In case no settlement is arrived, the government may refer the matter to the Labour Court, Tribunal or National Tribunal. Every Board has the same powers as are vested in a Civil Court. - Enforcing the attendance of any person and examining him on oath.

  22. CONCILIATION Board of Conciliation (Section 5) Compelling the production of documents and material objects. Issuing commissions for the examination of any witness

  23. ARBITRATION Court of Inquiry (Section 6) A Court of Inquiry is constituted as an adhoc body by the appropriate government. It can inquire into any matter connected with industrial dispute. The constitution of the Court has to be notified in the official gazette .

  24. ARBITRATION Court of Inquiry (Section 6) It may consist of one independent person or such number of independent persons as the appropriate government thinks fit. If there are more than two persons, one of them shall be appointed as the Chairman. The Court of Inquiry is not required to make any recommendations for resolving disputes.

  25. ARBITRATION Court of Inquiry (Section 6) It has no power to impose any settlement upon the parties. It is merely a fact finding machinery. Its duty is to inquiry into the matters and to make a report on the inquiry held on the matter referred to it within a period of six months from the date of commencement of the enquiry. It must be signed by all the members. A member can submit a note of dispute.

  26. ARBITRATION Court of Inquiry (Section 6) The report together dissenting notes must be published by the appropriate government within 30 days from its receipt. Under Section 22, 23 and 33, the following rights of workers remain unaffected – The right of worker to go on strike. The right of employer to resort to lockout and The right of employer to dismiss or to punish the worker in certain cases u/s.33.

  27. ADJUDICATION Labour Court (Section 7) - One or more Labour Court may be constituted by the appropriate government by notification in the official gazette for settlement of industrial disputes relating to matter specified in the Second Schedule of the Act. - A Labour Court shall consist of one person only to be appointed by the appropriate government.

  28. ADJUDICATION SECOND SCHEDULE The legality of an employer to pass an order under the Standing Order; The application and implementation of the Standing Order Discharge or dismissal or termination of services including reinstatement of or grant of relief to employees wrongfully dismissed. Withdrawal of any customary concession or privilege; Illegality or otherwise of a strike or lockout

  29. ADJUDICATION Labour Court (Section 7) - Such a person should have been , for a period of not less than 3 years, a district judge or an additional district judge or has held judicial office in India for not less than 7 years. - No person shall be appointed in the office of the Labour Court if he is not an independent person or he has attained the age of 65 years.

  30. ADJUDICATION Labour Court (Section 7) The duties of the Labour Court are to make settlement proceedings expeditiously and to submit the award to the appropriate government as soon as practicable on the conclusion of the proceedings.

  31. ADJUDICATION Industrial Tribunal The appropriate government may appoint one or more Industrial Tribunals fort the settlement of industrial disputes relating to any matter specified in the Second Schedule or the Third Scheduled. An Industrial Tribunal may be appointed for a limited period on an ad hoc basis or permanently.

  32. ADJUDICATION THIRD SCHEDULE Wages including the period and mode of payment. Compensatory and other allowances Hours of work and rest intervals, Leave with wages and holidays Bonus, profit sharing, provident fund and gratuity, Shift working otherwise in accordance with the Standing Order Classification of Grades Rules of Discipline Rationalization/Explanation Retrenchment of workman and closure of an establishment or undertaking.

  33. ADJUDICATION Industrial Tribunal The Tribunal shall consist of one person only who shall be appointed by the appropriate government. He should be an independent person or below the age of 65 years, He is the judge of a High Court or has for a period of not less than three years, been a District Judge or he has held the office of the Chairman or any other member of the labour appellate tribunal, for a period of not less than 2 years.

  34. ADJUDICATION Industrial Tribunal The appropriate government may, if it so thinks fit, appoint two persons as assessors to advise the tribunal in the proceeding before it. Its duty is to hold adjudication proceedings expeditiously and to submit award to the appropriate government as soon as practicable on the conclusion of the proceedings. The award shall be in writing and shall be signed by the presiding officer.

  35. ADJUDICATION Industrial Tribunal The appropriate government may, if it so thinks fit, appoint two persons as assessors to advise the tribunal in the proceeding before it. Its duty is to hold adjudication proceedings expeditiously and to submit award to the appropriate government as soon as practicable on the conclusion of the proceedings. The award shall be in writing and shall be signed by the presiding officer.

  36. ADJUDICATION Industrial Tribunal On reference of any industrial disputes to a tribunal, government can interfere on four grounds: There is want of good faith. There is victimization or unfair labour practice The management has been guilty of violation of principle of natural justice or The finding is completely baseless.

  37. ADJUDICATION Industrial Tribunal The tribunal is a judicial body. Therefore, it must serve notice to the parties by name. Any award made without serving of proper notice is basically wrong.

  38. ADJUDICATION National Tribunal (Section 7B) The Central Government may, by notification in the official gazette, constitute one or more National Tribunals for settlement of industrial disputes. It consists of one person only, who is an independent person and below 65 years of age. He should be or has been judge of a High Court or held the office of the Chairman or any other member of the Labour Appellate Tribunal for a period o not less than 2 years.

  39. ADJUDICATION National Tribunal (Section 7B) The Central Government may, if thinks fit, appoint two persons as assessors to advise the National Tribunal. Duties of a national tribunal are to hold proceedings of an industrial dispute referred to it by the Central Government expeditiously and to submit the award on the conclusion.

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