Conciliation

Persuasive process through constitutional means Third party intervention 3rd party facilitates decision making and agreement ,not taking decision on behalf of contended parties The suggestions advanced by 3rd party may be accepted or rejected

Conciliation officer(C.O)
Sect-4 of I.D.A,1947 pave the way to appoint C.O by appropriate Govt. C.O meant for specific area or specific industry CO may be appointed either permanently or temporarily

Board of Conciliation(BC)
Sect 5,IDA,1947 BC comprises Chairman and two to four members Chairman-Independent, members(equal numbers) are appointed by contended parties. If parties fail to recommend members ,then govt.appoint members. The board must table its report within 2months. This period can be extended by the govt.by 2mnts

Conciliation proceedings
Sec 12(2),CO may do all such things to bring amicable settlement of disputes Conciliation process should commence as soon as received a strike or lock out notice. Hold the meetings of the representatives-Jointly and separately If a settlement arrived, report with memorandum of settlement signed by parties to appor.govt. In case of no settlement reached, send swiftly a full report to app.govt- stating the steps taken and reasons for failure. Within 14days the report should reach the govt.

Arbitration
It is a means of securing an award on disputes through 3rd party. The decision taken by 3rd party binds the parties.-No Compromise in the awards. Arbitrator enforces his own point of vies on the contending parties and opinions of the parties not given any predominance. Arbitration is more judicial in character than conciliation

Kinds of Arbitration
Voluntary arbitration:- Parties voluntarily submit themselves before it is referred for adjudication. Compulsory Arbitration:- state forced the parties when I) parties fail to arrive a settlement ii) National emergency which requires that the wheels of production should not be disturbed by frequent strike and lock out.

Compulsory Arbitration
Country and its adverse economic crisis Public dissatisfaction with the prevailing IR Industries strategic importance involved Parties are ill balanced Public interest and working conditions have to be safeguarded.

References of Dispute to arbitration under I.D.A 1947 An Industrial disputes exits or is apprehended in an establishment Both the parties agree in writing to refer to arbitration The arbitration agreement is in the prescribed form and signed by the parties to it in the prescribed manner The agreement must be accompanied by the consent in writing of the arbitrator(s) The dispute should be referred to arbitration before refereed to labour court or tribunals

Principles to deal with disputes

Fair Hearing:- Equal opportunity Principle of Natural justice:- Due notice of proceedings- what are the issues and what part it has to play The party should be free to give any evidence which is opt to the enquiry, the evidence should be placed in the presence of other party. He/She should not rely on any document which is not shown and explained. Free from any bias and prejudice.

Procedure of investigation
Hearing : both parties views Probe the facts and circumstance of particular dispute and relevant provisions for the collective agreement Refer the past relevant issues. Call witness-get evidence and relevant records, current and past agreements , ordinances ,court decisions and arbitration decisions.

Tendering awards
S/He submits award to govt. The verdict has the legal force as Labour court and tribunals and must carry the sign of arbitrator. In line with the terms of reference ,not beyond its jurisdiction. Precise and definite ,not nebulous and scope for misinterpretation and capable to implemented or enforced. Date and specific period of implementation. It should not defy the existing laws/acts Sufficient justification for arriving such awards

National Arbitration promotion Board.

During July of 1967 the govt instituted NAPB with following functions To review the IR Position concurrently To examine the factors inhibiting a wider acceptance of this procedure and suggest measures to make it popular. Update panel of suitable arbitrators for different areas and industries To evolve principles and guidences to arbitrators To advise the parties to accept the awards instead of going for court of inquiry & look into causes of delay and fillip the process Specify the types of disputes normally settled by this means

Adjudication
Third party intervention- it is the intervention of the govt. 3RD Party is appointed by govt. As soon as a report of failure of conciliation, it is referred to arbitration. But the reference to adjudication is at the discretion of the government Voluntary adjudication: appeal made by the parties Compulsory Adjudication: Govt refers without consent of parties.

Three tier system of adjudication

1.Labour courts 2. Industrial Tribunals 3. National Tribunals

Labour Courts(LCs)
Constitution: it consists one person only who I) is or has been a judge of a high court or ii)not less than 3 years as District judge or iii)held any judicial office in India for not less than 7 years Should be independent person and below 65yrs

Duties and Jurisdiction of LCs

Conduct adjudication proceedings swiftly and submit its award to appro.govt Jurisdiction: I) the legality an order issued by an employer under standing orders ii) applications and interpretations of standing orders iii)discharge and dismissal of workers or grant of relief when wrongly dismissed iv) withdrawal of any customary concession or privilege v) illegality /strike or lock outs vi) all matters except 3rd schedule of the I.D.A1947

Industrial Tribunals
Appropriate govt may appoint one or more Its to deal with 2nd and 3rd Schedule of IDA Constitution : I) one or more persons-judge of high court ii) District judge- not less than 3 yrs or hold office of any tribunal not less than 2yrs

Jurisdiction of IT
Wages including the period and mode of payment. Compensatory and other allowances Hours of work and rest intervals Leave with wages and holidays Bonus, profit sharing ,PF and gratuity. Shift working-in accordance with standing ordersclassification of grades ,Rules of discipline, rationalization, retrenchment/closure of establishment.

National Tribunals
The Central Govt by notification in the Gazette- one or more NT. Industrial Disputes-national importance. Industrial establishments situated in more than one state

Constitution of NT
Consist of one person only-appointed by Central govt. Has been judge of high court or held the office of the chairman/any other labour appellate tribunal-less than 2yrs Central govt may appoint two persons as assessors on the proceedings