RESEARCH METHODOLOGY

The researcher will be doing a doctrinal, analytical and qualitative research methodology.
The present study is based on secondary data. The secondary data is obtained from published
and, relevant literature, etc., The reports of Govt of India, Economic Survey are also taken for
the study the researcher has referred to various books and articles and internet sites.

2.1 Research Objective

The objective of the research is i) To understand the overall effectiveness of the conciliation
machinery in the settlement of disputes and examine the incidence and importance of
settlement of industrial disputes and their impact on the industrial sector in India. ii) To study
the pattern of settlement with reference to the type of disputes and to identify measures for
enhancing the effectiveness of conciliation. iii) To make suitable suggestions for reducing the
incidence of industrial disputes through proper policy reorientation of the government labour
policy. The researcher will further analyze and find out how to solve the loopholes in
conciliation process and make it more viable tool for dispute settlement.

The dispute resolution machinery has increasingly failed to bring about timely agreements
and finally, there seems to be a need to encourage parties to use collective bargaining, rather
than rely on third party dispute resolution. The researcher would also few suggestions to
make the process of conciliation and court of inquiry more viable by doing an analytical and
conceptual research methodology.

2.2 HYPOTHESIS:

Whether an individual dispute is an industrial dispute within the meaning of S. 2(k) of

Industrial Disputes Act is a matter of great controversy. Previously an individual dispute
could not per se be an industrial dispute. With several judicial decisions the researcher would
like to show in this project that at present an individual dispute is recognized as an industrial
dispute only when it is by a union of workmen or by substantial number of workmen
employed in the industry. Without such act the dispute cannot be treated as an industrial
dispute and therefore cannot be referred to Labour Court. Hence the researcher will be giving
few suggestions for such individual disputes to be referred to the conciliation machinery in
order to maintain justice.