machineries to resolve industrial disputes

1. Submitted by :
Vidhu Arora [68-MBA-16]
Sahil Sharma [49-MBA-16]
MACHINERIES TO RESOLVE
INDUSTRIAL DISPUTE

2. DEFINATION
Industrial Dispute means any dispute or
difference between employers and
employers or employers and workmen or
between workmen and workmen which
isconnected with employment or non
employment or terms of employment or
conditions of labour.

3. 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.

4.  Reasons:
 Property
 Holdings & Stakes
 Policy dispute
 Ownership etc.,
EMPLOYER VS EMPLOYER

5.  Reasons:
 Work Problems
 Quarrels
 Senior –Junior problems
 Ragging
EMPLOYEE VS EMPLOYEE

6.  Reasons:
Salary
Wages
Bonus
Safety
Welfare
Health
Retrenchment
Lockouts. etc
EMPLOYER VS EMPLOYEE

7. EMPLOYER AND EMPLOYEE DISPUTE

8. To maintain :
 Industrial
Peace
 Industrial
Harmony
 Hygiene &
Health
ROLE OF HR MANAGER

9. MACHINERIES
Machineries
AdjudicationConciliatory Arbitration
Works
Committee
Board of
Conciliation
Conciliation
Officer
Labour
Court
Industrial
Tribunal
National
tribunal
Third Party
Arbitration

10. CONCILIATION / COLLECTIVE BARGAINING
Negotiations between an employer and
a group of employees so as to determine
the conditions ofemployment.
The result of collective bargaining
procedures is a collective agreement.
Employees are often represented in
bargaining by a union or other labor
organization.

11. 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

12. WORKS COMMITTEE
Thisis the primary
machinery in
resolving dispute.
 Itis present in
Factories
employing 100 or
more workers.

13. REPRESENTATION WORKS COMMITTEE
Equal proportionate Representationof
members in workscommittee.
Trade Union engaged in selection of
workmen selection amongstworkmen.
Employers nominate therepresentative
amongst themselves.
Total no shall notexceed 20.

14. FUNCTIONS OF WORKS COMMITTEE
To promote measures for securing&
preserving the peace .
Comment on matter of common
interest, concern and Endeavour.
Smooth away frictions.
Recommendations not bindingor it
cannot pass final judgment.

15. CONCILIATION OFFICER
 Ifdispute isnot 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.

16. DUTIES OF CONCILIATION OFFICER
Promotes the fair andamicable
settlement of industrialdispute.
After giving reasonable notice may
enter the industrial establishment and
enquiry and inspection.
Conciliation Officer sends his report
to appropriate government within
14days of conciliation process.

17. BOARD OF CONCILIATION
Appropriate Govt. by notification in
official Gazette constitute a Board.
The board comprise of neutral –
independent chairman.
Itconsist of two or four other members
who are equallyrepresented.
The board may act even in absence of
chairman if they satisfyquorum.

18. DUTIES OF BOARD
To bring about settlement of dispute
within two months.
Ifit achieves success in attaining the
settlement amongst parties it with the
signatures of parties submit the report
to Board of Conciliation.
Ifno settlement isarrived or on
suggestion ofreport Appropriate
govt. refers the matter to Labour
Court, Industrial or National Tribunal.

19. COURT OF INQUIRY
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 6months

20. ADJUDICATION
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

21. LABOUR COURT
Appropriate govt. appoints the labour
court.
Itshall consist of one person only to
be appointed by appropriategovt.
He is the presiding officer of the
court.

22. DUTIES OF LABOUR COURT
 Holds its procedures expeditiously.
 Submit its award to appropriategovt.
 No time limit has been laid down.

23. MATTERS UNDER JURISDICTION OF LABOUR
COURT
 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.

24. INDUSTRIAL TRIBUNAL
 Appropriate govt. may appoint one or
more industrial tribunals.
 It shall consist of one person to be
appointed by appropriategovt.

25.  Wages
 Compensatory and other
allowances
 Hours of work and rest intervals
 Leave with wagesand
holidays
 Bonus, profit-sharing, PF etc.
 Rules of discipline
 Retrenchment of workmen
 Working shifts other than in
accordance withstanding
orders
MATTERS UNDER JURISDICTION OF
INDUSTRIAL TRIBUNAL

26. NATIONAL TRIBUNAL
Thecentral government may,by notification inthe official
gazette, constitute one or more National Tribunalsfor the
adjudication of IndustrialDisputes inMatters of National
importance.
Matters which are of a nature such that industriesinmore than
one stateare likelyto be interested in,or are affected by the
outcome of the dispute.
Itisthe dutyof the NationalTribunalto hold its proceedings
expeditiously and to submit its report to the central
government within the stipulatedtime.

27.  Arbitration procedure is used after failure of conciliation
 Arbitration is the means of securing a definite award on any controversial issue by
referring it to a third party.
 Feature of Arbitration:
• Arbitration may be either compulsory or voluntary.
• Voluntary arbitration implies that the two parties, unable to settle their differences
between themselves, agree to submit their cases to an arbitrator whose decision they
agree to accept.
• Compulsory arbitration implies that parties must submit their cases to an arbitrator
and bound to accept the award
ARBITRATION