Voluntary Arbitration as a Method of Industrial Dispute Resolution
Section 10 A of industrial dispute act makes provisions for voluntary reference of dispute to arbitration- a critical study
INTRODUCTION:
This section was inserted by S 8 of the Industrial Dispute (Amendment and miscellaneous Provisions) Act, 1956 and it was enacted with the object of enabling employees to voluntarily refer their disputes to arbitration themselves by a written agreement and for the enforcement of agreements between them reached otherwise then in the course of conciliation proceedings. Industrial Dispute means any dispute or difference between employer and employees, or between employer and workmen or between workmen and workmen, which is connected with the employment or non employment or the terms of employment or with the conditions of Labour, or any person. The Scope the definition of Industrial Dispute is very wide. The words employment and non employment in the definition are of widest amplitude and have been but in juxtaposition to make the definition comprehensive. Any dispute concerned with employment or non-employment’ constitute the subject matter of one class or industrial disputes. The matters which can form subject matter industrial dispute are enumerated in Second, Third and Fourth Schedule given at the end of Industrial Dispute Act. There are two types of Industrial Disputes-interest disputes and rights disputes. Interest disputes relate to determination of new wage level and other condition of employment while rights disputes on the other hand relate to interpretation and application of existing standards and usually involve and individual worker or group of workers. Under category of rights disputes, claim is made that the workmen have not been treated in accordance with the rules, individual contracts of employment, laws and regulations and as per collective agreements. Such disputes are also described as grievance disputes. Such grievances may be regarding retrenchment ,dismissal, payment of wages, working time, overtime,
INTRODUCTION:
This section was inserted by S 8 of the Industrial Dispute (Amendment and miscellaneous Provisions) Act, 1956 and it was enacted with the object of enabling employees to voluntarily refer their disputes to arbitration themselves by a written agreement and for the enforcement of agreements between them reached otherwise then in the course of conciliation proceedings. Industrial Dispute means any dispute or difference between employer and employees, or between employer and workmen or between workmen and workmen, which is connected with the employment or non employment or the terms of employment or with the conditions of Labour, or any person. The Scope the definition of Industrial Dispute is very wide. The words employment and non employment in the definition are of widest amplitude and have been but in juxtaposition to make the definition comprehensive. Any dispute concerned with employment or non-employment’ constitute the subject matter of one class or industrial disputes. The matters which can form subject matter industrial dispute are enumerated in Second, Third and Fourth Schedule given at the end of Industrial Dispute Act. There are two types of Industrial Disputes-interest disputes and rights disputes. Interest disputes relate to determination of new wage level and other condition of employment while rights disputes on the other hand relate to interpretation and application of existing standards and usually involve and individual worker or group of workers. Under category of rights disputes, claim is made that the workmen have not been treated in accordance with the rules, individual contracts of employment, laws and regulations and as per collective agreements. Such disputes are also described as grievance disputes. Such grievances may be regarding retrenchment ,dismissal, payment of wages, working time, overtime,