Industrial Dispute Settlement Machinery: Conciliation, Voluntary Arbitration, Court of Inquiry and Adjudication

Only available on StudyMode
  • Download(s) : 157
  • Published : October 11, 2012
Open Document
Text Preview
INRTODUCTION:
 
Industrial Dispute Settlement Machinery has been provided under the Industrial Dispute Act, 1947.It provides a legalistic way of settling the disputes. This machinery comprises following organs:-
a) CONCILIATION
b) VOLUNTARY ARBITRATION
c) COURT OF INQUIRY
d) ADJUDICATION

CONSILATION:
1. Conciliation is the ³practice by which the services of the neutral party are used in a 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.

2. This neutral party intervenes in the dispute situation upon are quest by either or both the parties.

3. The Conciliator simply assists the disputing parties in negotiations and decision making, he resolve the impasse, removes the bottleneck by bringing both the parties to a compromise.

4. The Industrial Disputes Act, 1947 provides for conciliation, and can be utilized either by appointing Conciliation Officers or by constituting a Board of Conciliation.

5. Under the Act, conciliation is compulsory in all disputes in public utility services and optional in other industrial establishments.

6. With a view to expediting conciliation proceeding, time limits have been prescribed -14 days in the case of Conciliation Officers and two months in the case of a board of conciliation.

7. The Act prohibits strike and lock-out during the pendency of conciliation proceedings before a Board and for seven days after the conclusion of such proceedings.

CONCILATION OFFICERS (SECTION4)
1. The Conciliation Officers is appointed by the appropriate Government by notification in the Official Gazette for any specified area or for one or more specified industries, either permanently or for a limited period. 2. Conciliation Officers are charged with the duty of holding conciliatory proceedings for the purpose of bringing about a fair settlement of any industrial dispute.

BOARDS OF COCILIATION (SECTION 5)
1. In case Conciliation Officers fails to resolve the differences between the parties, the appropriate Government may by notification in the Official Gazette, constitute a Board of Conciliation for settlement of an industrial dispute. 2. A Board shall consist of a Chairman and two or four other members. 3. The Chairman is to be an independent person and other members are nominated in equal numbers by the parties to the dispute. 4. The quorum for a meeting is two where the total number is three and three where the number is five. 5. A Board, having a quorum, may act notwithstanding the absence of the Chairman or any of its members, or any vacancy in its number. But if the Government informs the Board that the services of the Chairman or any other member have ceased to be available, The Board must not act until a new Chairman or member has been appointed.

VOLUNTARY ARBITATION (SECTION 10(A))
1. On failure of conciliation proceedings, the conciliation officer may persuade the parties to refer the dispute to a voluntary arbitrator. 2. Voluntary arbitration refers to getting the disputes settled through an independent person chosen by the parties involved mutually and voluntarily. 3. The process of arbitration saves time and money of both the parties which is wasted in case of adjudication. 4. For the purpose of reference of a dispute to arbitration, the parties must enter into a written agreement called the ³arbitration agreement´ to refer the dispute to an arbitrator or arbitrators whose name they must specify in the agreement. 5. The agreement must be in the form prescribed and must be signed by the parties jointly, and a copy sent to the appropriate Government and the conciliation officer.

6. Nothing in the Arbitration Act, 1940 shall apply to arbitrations under this section.

7. The appropriate Government shall, within 14 days from the date of receipt of such copy, publish the same in the Official Gazette.

8. The parties are free to...
tracking img