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Copy of ID ACT, 1947
SETTLEMENT OF INDUSTRIAL DISPUTE
Industrial Dispute Act, 1947
INDUSTRIAL DISPUTE ACT, 1947
The objective of the Industrial Disputes Act, 1947 is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of the industrial disputes by negotiation.
This Act deals with the retrenchment process of the employees, procedure for layoff, procedure and rules for strikes and lockouts of the company.
Introduction
AUTHORITIES INVOLVED IN THE SETTLEMENT PROCESS
CONCILIATION
ARBITRATION
ADJUDICATION
Authorities Involved
- Voluntary Arbitration
- Compulsory Arbitration
- Conciliation Officer
- Board of Conciliation
- Court of Inquiry
- Labour Court
- Industrial Tribunal
- National Tribunal
CONCILIATION
- It is an attempt to reconcile the views of the disputants and bring them to an agreement.
- The Appropriate Government is empowered to appoint any number of persons, as it thinks fit to be conciliation officers.
- The conciliation officers act as the mediators in between the parties to resolve the dispute.
- In case of public utility services, they can initiate the conciliation proceeding and tries to settle the dispute.
- If they fail to resolve the dispute between the parties, they should report to the Appropriate Government
Conciliation
Duties and Powers
DUTIES AND POWERS OF A CONCILIATOR OFFICER
- Hold conciliation proceedings relating to Strikes and lockouts procedural matters of public utility services
- Investigate the matters of the dispute
- Conciliation officers shall induce the parties to come to a fair and amicable settlement of the dispute
- Duty to send the report of settlement of dispute and memorandum of the settlement signed by the parties to the parties, government or his superior
- In case of failure, duty to send the report of facts, circumstances relating to the dispute and his opinion to the Government or superior.
ARBITRATION
Arbitration
- A process where there is a hearing and determination of cause between parties in controversy by a person chosen or appointed under a statutory provision
- Main objective- Adjudication
TYPES OF ARBITRATION
Types
- Voluntary Arbitration
The parties to the dispute can and do themselves refer voluntarily any dispute to arbitration
- Compulsory Arbitration
The parties are required to accept arbitration without any willingness on their part
QUALIFICATIONS
Qualifications
- An understanding of the complexities of labour management relationship
- A knowledge of collective bargaining and the operation of arbitration procedures
- High integrity, deep sense of impartiality and commitment
- Committed to the maintenance of harmonious labour management relations
ADJUDICATION
- The ultimate legal remedy for the settlement of an industrial dispute
- Adjudication involves intervention in the dispute by a third party appointed by the Government
- It can be either voluntary or compulsory
Adjudication
THREE TIER OF ADJUDICATION
Industrial Tribunal
[Sec 7 (A)]
Labour Court
(Sec 7)
National Tribunal
[Sec 7 (B)]
Three Tier
The Central Government may by notification in the official gazette constitute one or more national tribunals for adjudication of industrial dispute
Under this Act, the Appropriate Government may constitute a labour court for adjudication an industrial dispute relating to any matter, specified in the Second Schedule of the Act
Under this Act, the Appropriate Government may constitute a industrial tribunal for adjudication an industrial dispute relating to any matter, specified in the Second or Third Schedule of the Act
SETTLEMENT PROCESS
CONCILIATION
ARBITRATION
ADJUDICATION
Voluntary
Labour
Court
Conclusion
Conciliation Officer
Industrial Tribunal
Compulsory
Board of Conciliation
Court of Inquiry
National Tribunal
THANK YOU