INDUSTRIAL RELATION -BASIC CONCEPTS 2 , IR

8/14/2019 INDUSTRIAL RELATION -BASIC CONCEPTS 2 , IR

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INDUSTRIALINDUSTRIAL

RELATIONSRELATIONSRASHMI.SRASHMI.S


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WHEN IS A SETTLEMENT REACHEDWHEN IS A SETTLEMENT REACHED

DURING CONCILIATION PROCEEDINGSDURING CONCILIATION PROCEEDINGS

The conciliation officer tries to help the partiesThe conciliation officer tries to help the parties

to reach an agreement among themselves.to reach an agreement among themselves.

Settlement: Any agreement reached throughSettlement: Any agreement reached through

the conciliation proceedings.the conciliation proceedings.

The proceedings must be reported to theThe proceedings must be reported to the

Appropriate Govt,with a copy of theAppropriate Govt,with a copy of the

settlement signed by the parties & himself.settlement signed by the parties & himself.


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WITHOUT INTERVENTION OF CONCILIATIONWITHOUT INTERVENTION OF CONCILIATION

OFFICER, CAN AGREEMENT BE REACHED.OFFICER, CAN AGREEMENT BE REACHED.

Yes, an agreement can be mutuallyYes, an agreement can be mutuallyreached between the parties to thereached between the parties to the

dispute without the intervention /dispute without the intervention /

initiative of the Conciliation officerinitiative of the Conciliation officer


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ON WHOM IS THE SETTLEMENTON WHOM IS THE SETTLEMENT

BINDING ???BINDING ???

The settlement is reached between the parties inThe settlement is reached between the parties in

the presence of the Conciliation Officer.the presence of the Conciliation Officer.

It is binding on all the existing as well as futureIt is binding on all the existing as well as futureworkmen.workmen.

In case, settlement is by bi-partite agreement, ieIn case, settlement is by bi-partite agreement, ie

not through Conciliation officer, bi-partitenot through Conciliation officer, bi-partite

settlement terms are binding on both the parties.settlement terms are binding on both the parties.


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COMMENCEMENT, PERIOD OFCOMMENCEMENT, PERIOD OF

SETTLEMENT & TERMINATIONSETTLEMENT & TERMINATION Commencement: It commences on a date agreedCommencement: It commences on a date agreed

by the parties of the dispute.by the parties of the dispute.

No date Day of signing the settlement.No date Day of signing the settlement.

Periodicity: The settlement lasts till the datePeriodicity: The settlement lasts till the dateagreed by the parties 5yrs wage revision.agreed by the parties 5yrs wage revision.

No date 6 months.No date 6 months.

Termination of Operation: After the terminationTermination of Operation: After the termination

of the operation period & if 2 months noticeof the operation period & if 2 months noticeperiod is given by either the partiesperiod is given by either the parties

Terms applicable fresh settlement unlessTerms applicable fresh settlement unless

specifically terminated.specifically terminated.


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SETTLEMENT OF DISPUTE SETTLEMENT OF DISPUTE

LEGAL MACHINERYLEGAL MACHINERY

Failure of ConciliationFailure of Conciliation

Adjudication throughAdjudication through1. Labour Courts1. Labour Courts

2. National & Industrial Tribunal2. National & Industrial Tribunal

3. Voluntary Arbitration.3. Voluntary Arbitration.


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FAILURE TO REACH ANFAILURE TO REACH AN

AGREEMENTAGREEMENT Conciliation fails.Conciliation fails.

Failure report to Appropriate Govt.Failure report to Appropriate Govt.

Failure report 1. Info about dispute.Failure report 1. Info about dispute.

2. Steps he had taken.2. Steps he had taken. 3.Statement as to why the settlement could not3.Statement as to why the settlement could not

be arrived.be arrived.

Submitted within 14 days from commencementSubmitted within 14 days from commencement

of proceedings.of proceedings.

Report considered by the Appropriate GovtReport considered by the Appropriate Govt

Referred for adjudication due application.Referred for adjudication due application.


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ADJUDICATIONADJUDICATION

Mechanism for settlement of Industrial Disputes.Mechanism for settlement of Industrial Disputes.

Provided by the ID Act.Provided by the ID Act.

If the dispute or any other matter related to the dispute If the dispute or any other matter related to the dispute relates to the 2relates to the 2ndnd or the 3or the 3rdrd Schedule of the ID ActSchedule of the ID Act

Adjudication is through Labour Court, Industrial & NationalAdjudication is through Labour Court, Industrial & National

Tribunals referred by Appropriate Govt.Tribunals referred by Appropriate Govt.


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MATTERS FORMATTERS FOR

ADJUDICATION LABOURADJUDICATION LABOUR

COURTCOURTLabour Court adjudicates on disputes ofLabour Court adjudicates on disputes of

the Second Schedule Sec 7the Second Schedule Sec 7

1. The propriety or legality of an order1. The propriety or legality of an order

passed by an employer under thepassed by an employer under the

Standing orders.Standing orders.

2.Application & Interpretation of2.Application & Interpretation of

Standing Orders.Standing Orders.


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3. Discharge & Dismissal of workman, including3. Discharge & Dismissal of workman, including

reinstatement of, grant of relief to, workmanreinstatement of, grant of relief to, workman

wrongfully dismissedwrongfully dismissed

4. Withdrawal of any customer concession or4. Withdrawal of any customer concession or

privilege.privilege.

5. Illegality or otherwise of a strike or lockout5. Illegality or otherwise of a strike or lockout

6. All matters other than those specified in the6. All matters other than those specified in the

3rd Schedule.3rd Schedule.


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INDUSTRIAL TRIBUNALINDUSTRIAL TRIBUNAL

- MATTERS- MATTERSAdjudicates on disputes concerning the 3Adjudicates on disputes concerning the 3rdrd

Schedule Sec 7A.Schedule Sec 7A.

1. Wages including the mode of payment.1. Wages including the mode of payment.

2. Compensatory & other allowances.2. Compensatory & other allowances.

3. Hours of work & rest intervals3. Hours of work & rest intervals

4. Leave with wages & holidays.4. Leave with wages & holidays.

5. Bonus, Profit sharing, Provident fund &5. Bonus, Profit sharing, Provident fund &

Gratuity.Gratuity.


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6. Shift working otherwise than in6. Shift working otherwise than in

accordance with the Standing orders.accordance with the Standing orders.

7. Classification by grades.7. Classification by grades.

8. Rules of disciplines8. Rules of disciplines9. Rationalization9. Rationalization

10. Retrenchment of workmen &10. Retrenchment of workmen &

Closure of establishment.Closure of establishment.

11. Any other matter that may be11. Any other matter that may be

prescribed.prescribed.


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NATIONAL TRIBUNAL -NATIONAL TRIBUNAL -

MATTERSMATTERS

Matters which the Central GovtMatters which the Central Govt

opine are of National importanceopine are of National importance

The matter is of a nature whichThe matter is of a nature which

affects Industries in more thanaffects Industries in more than

one state. (Sec 10 1A)one state. (Sec 10 1A)


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ADJUDICATION BY INDUSTRIALADJUDICATION BY INDUSTRIAL

TRIBUNALS ON LABOUR COURTTRIBUNALS ON LABOUR COURT

MATTERSMATTERS

An Industrial Tribunal can adjudicate onAn Industrial Tribunal can adjudicate onany matter which is under theany matter which is under the

jurisdiction of the Labour Courts.jurisdiction of the Labour Courts.

It is through special reference by theIt is through special reference by theAppropriate Govt.Appropriate Govt.

The Labour CourtThe Labour Courtcannotcannotadjudicate onadjudicate onmatters , under the jurisdiction of thematters , under the jurisdiction of theIndustrial Tribunal.Industrial Tribunal.


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CAN PARTIES TAKE ANY DIRECTCAN PARTIES TAKE ANY DIRECT

ACTION, EVEN AFTER GOVT HASACTION, EVEN AFTER GOVT HAS

MADE ADJUDICATION.MADE ADJUDICATION.

If the parties take any actionIf the parties take any actionsuch as strikes or lockout , aftersuch as strikes or lockout , after

reference by the government,reference by the government,

such action is taken to be illegal.such action is taken to be illegal.


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APPOINTMENT OFAPPOINTMENT OF

ADJUDICATION AUTHORITIES..ADJUDICATION AUTHORITIES..

The adjudication authorities areThe adjudication authorities are

appointed by the Appropriate Govtappointed by the Appropriate Govtie State or the Central Govt.ie State or the Central Govt.

The National Tribunal appointedThe National Tribunal appointedonly by the Central Govt.only by the Central Govt.


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POWERS OF LABOUR COURTS /POWERS OF LABOUR COURTS /

TRIBUNALSTRIBUNALS

The adjudicating authority has been conferred withThe adjudicating authority has been conferred with

certain powers under Sec 11 & 11A of the ID Act.certain powers under Sec 11 & 11A of the ID Act.

1.The presiding officer of a Labour Court /Tribunals,1.The presiding officer of a Labour Court /Tribunals,

can for the purposes of inquiry into any existing orcan for the purposes of inquiry into any existing or

apprehended industrial dispute, enter the premises ofapprehended industrial dispute, enter the premises of

the establishment ,after giving reasonable noticethe establishment ,after giving reasonable notice


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2.They have the same powers as2.They have the same powers as

vested in a civil court under CPC.vested in a civil court under CPC.

3. They can appoint one or more3. They can appoint one or more

persons having specialpersons having special

knowledge of the matter underknowledge of the matter underconsideration as assessors.consideration as assessors.


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OTHER POWERS VESTED INOTHER POWERS VESTED IN

THEM..THEM..

Enforce the production of books &Enforce the production of books &

documents related to the dispute.documents related to the dispute.

Attendance of personsAttendance of personsExamine these persons on oath & alsoExamine these persons on oath & also

receive evidences taken on affidavit.receive evidences taken on affidavit.

They can enter the premises related to theThey can enter the premises related to thedispute for purpose of the enquiry.dispute for purpose of the enquiry.


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CAN A LAWYER PARTICIPATE INCAN A LAWYER PARTICIPATE IN

ADJUDICATION PROCEEDINGS..ADJUDICATION PROCEEDINGS..

A lawyer can represent but onlyA lawyer can represent but onlywith the consent of the otherwith the consent of the other

party and the Adjudicatingparty and the Adjudicating

authority.authority.


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REPRESENTATION FORREPRESENTATION FOR

WORMANWORMANAn office bearer of a trade union orAn office bearer of a trade union or

Federation of unions.Federation of unions.

Any workman of his choice (workmans)..Any workman of his choice (workmans)..

Represent during any proceedings under thisRepresent during any proceedings under thisAct.Act.

A lawyer can also represent in additionA lawyer can also represent in addition

Consent of the other party & adjudicatingConsent of the other party & adjudicating

authority.authority.


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ADJUDICATION JUDICIAL DECISION &ADJUDICATION JUDICIAL DECISION &

ITS COMMENCEMENTITS COMMENCEMENT

Adjudication commences order of AppropriateAdjudication commences order of AppropriateGovt referring the dispute for adjudication.Govt referring the dispute for adjudication.

Reference to adjudication not a judicial decisionReference to adjudication not a judicial decision

Only an administrative & discretionary decisionOnly an administrative & discretionary decisionon the part of the Appropriate Govt, after dueon the part of the Appropriate Govt, after due

application of mind.application of mind.


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NECESSITY OF GOVT TO REFERNECESSITY OF GOVT TO REFER

MATTERS FOR ADJUDICTION???MATTERS FOR ADJUDICTION???

It is not necessary for the AppropriateIt is not necessary for the Appropriate

govt to refer all disputes, not settled ingovt to refer all disputes, not settled in

Conciliation for adjudication.Conciliation for adjudication.

The govt may by itself refer some pts ofThe govt may by itself refer some pts of

the dispute & not refer the matter forthe dispute & not refer the matter foradjudicationadjudication


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LABOUR COURT /LABOUR COURT /

TRIBUNALTRIBUNAL The labour court & Tribunal shouldThe labour court & Tribunal should

confine their attention only to Industrialconfine their attention only to Industrial

Disputes and its related disputes.Disputes and its related disputes.

ieie

Disputes that are incidental result orDisputes that are incidental result or

connected with the Disputes.connected with the Disputes.


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TRANSFER OF CASE BETWEENTRANSFER OF CASE BETWEEN

DIFF TRIBUNALSDIFF TRIBUNALS

Yes, the Appropriate Govt, may withdraw anyYes, the Appropriate Govt, may withdraw any

proceeding under this Act, pending before aproceeding under this Act, pending before a

Labour Court / Tribunal & transfer it toLabour Court / Tribunal & transfer it toanother Labour Court / Tribunal for fasteranother Labour Court / Tribunal for faster

disposal of the case.disposal of the case.

OrderOrder

Writing with reasons.Writing with reasons.


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SETTLEMENTSETTLEMENT

Settlement Arrived at in the CourseSettlement Arrived at in the Course

of Conciliation proceedings.of Conciliation proceedings.

Includes - written agreementIncludes - written agreement

between employer & worker arrivedbetween employer & worker arrivedat otherwise than in the course ofat otherwise than in the course of

Conciliation proceedings.Conciliation proceedings.


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SETTLEMENT - TYPESSETTLEMENT - TYPES

Sec 18 (1) When the parties arrive at anSec 18 (1) When the parties arrive at anagreement on a dispute, they enter into aagreement on a dispute, they enter into a

written agreement, normally registeredwritten agreement, normally registeredwith a Conciliation Officer.with a Conciliation Officer.

Sec 12(3) An agreement of an industrialSec 12(3) An agreement of an industrial

dispute also can be arrived at during thedispute also can be arrived at during thecourse of conciliation proceedings by thecourse of conciliation proceedings by theintervention of the Conciliation Officer.intervention of the Conciliation Officer.


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PERIOD OF COMPLETION OFPERIOD OF COMPLETION OF

ADJUDICATION PROCEEDINGSADJUDICATION PROCEEDINGS

Dispute referred for Adjudication Dispute referred for Adjudication

Appropriate Govt .Appropriate Govt .

Specify period by which it shouldSpecify period by which it should

submit an Award.submit an Award.

Pertaining Individual workman Pertaining Individual workman

not more than 3 months.not more than 3 months.


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AWARDAWARD The interim / final decision of the adjudicatingThe interim / final decision of the adjudicating

authority / arbitrator.authority / arbitrator.

Becomes enforceable on the expiry of 30 daysBecomes enforceable on the expiry of 30 daysfrom the date on which it is published by Govt infrom the date on which it is published by Govt in

the Official Gazette.the Official Gazette. Govt publish award within 30 days ofGovt publish award within 30 days of

receiving award.receiving award.

Failure to publish does not invalidate theFailure to publish does not invalidate the

Award.Award.Award retrospective effect if Labour court /Award retrospective effect if Labour court /

Tribunal specified earlier date.Tribunal specified earlier date.


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MODIFICATION/ REJECTIONMODIFICATION/ REJECTION

OF AWARD BY GOVT.OF AWARD BY GOVT.

Under certain circumstances,Under certain circumstances,

Govt authority to declare the award not becomeGovt authority to declare the award not becomeenforceable on the expiry of said period of 30 days..enforceable on the expiry of said period of 30 days..

Power of modifying / rejecting the award order withinPower of modifying / rejecting the award order within90 days from its date of publication in the Official90 days from its date of publication in the OfficialGazette.Gazette.

Award enforceable 1. expiry of 15 days date onAward enforceable 1. expiry of 15 days date onwhich it is laid before Assembly /Parliament.which it is laid before Assembly /Parliament.

2. On the expiry of period -90 days date of Govts2. On the expiry of period -90 days date of Govtsdeclaration of rejecting / modifying the award.declaration of rejecting / modifying the award.


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AWARD OPERATIONALAWARD OPERATIONAL

PERIODPERIOD

Period 1 yrPeriod 1 yr

Court intervention 1. reduce time from 1 yr.Court intervention 1. reduce time from 1 yr.

2. Extend for 3 yrs. not exceeding 1 yr at a2. Extend for 3 yrs. not exceeding 1 yr at atime.time.

Termination award after 1 yr .Termination award after 1 yr .

Either party notice of termination of AwardEither party notice of termination of Award

Only after the expiry of 2 months from the dateOnly after the expiry of 2 months from the dateof notice the award terminates.of notice the award terminates.


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PERSONS COVEREDPERSONS COVERED

UNDER AWARDUNDER AWARD

All parties to the disputeAll parties to the dispute

Other parties who are summoned toOther parties who are summoned toappear for the proceedings.appear for the proceedings.

The successors ofThe successors of

1. The Employer1. The Employer2. Present & Future Workmen.2. Present & Future Workmen.


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CONSEQUENCES OF NON-CONSEQUENCES OF NON-

COMPLIANCECOMPLIANCE

Non compliance results inNon compliance results in

1. Committing of Continous Offence.1. Committing of Continous Offence.

2. Offence committed once & for all.2. Offence committed once & for all.

- Depends on the nature of award.- Depends on the nature of award.


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AWARD DISPUTE BYAWARD DISPUTE BY

MINORITY UNIONMINORITY UNION

The award on a dispute raised by aThe award on a dispute raised by a

minority union is;minority union is;

1. Binding on all employees.1. Binding on all employees.

But,But,

Minority Union cannot give aMinority Union cannot give atermination notice of an award.termination notice of an award.


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APPEAL ON AWARDAPPEAL ON AWARD

No, only Judicial Review is allowed.No, only Judicial Review is allowed.

IF, parties dissatisfied adjudicationIF, parties dissatisfied adjudication

award.award.

Ask High court intervene submitAsk High court intervene submit

petition- Article 226 of Constitution.petition- Article 226 of Constitution.

INTRODUCTION OF SEC


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INTRODUCTION OF SECINTRODUCTION OF SEC

11A11APrior Dec 1971 Mgmt Discharge orPrior Dec 1971 Mgmt Discharge or

Dismiss workmen .Dismiss workmen .

Labour Courts & Tribunals no power Labour Courts & Tribunals no power

modify mgmts decision.modify mgmts decision.No proper domestic enquiry in StandingNo proper domestic enquiry in Standing

Orders.Orders.

Labour Court no power reopen case-Labour Court no power reopen case-analyze;analyze;

1. Whether there was want of good faith 1. Whether there was want of good faith

ie malafide intention.ie malafide intention.


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2. Whether there was victimization in2. Whether there was victimization in

awarding the punishment or unfair labourawarding the punishment or unfair labourpractice.practice.

3. If the mgmt had been guilty of a3. If the mgmt had been guilty of a

fundamental error & there was violation offundamental error & there was violation of

the Principle Of Natural Justice.the Principle Of Natural Justice.

4. Whether the findings were baseless 4. Whether the findings were baseless not relied on the materials available.not relied on the materials available.


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New evidences allowed in Court only ifNew evidences allowed in Court only if

1. no enquiry was conducted1. no enquiry was conducted2. Or enquiry defective/ not fair / proper2. Or enquiry defective/ not fair / proper

3. Done with an intention of victimizing the3. Done with an intention of victimizing the

workman.workman.

Enquiry fair & proper.Enquiry fair & proper.

Sec 11A introduced Ensure Social Justice by,Sec 11A introduced Ensure Social Justice by,

Balancing or equating quantum of punishmentBalancing or equating quantum of punishment

with gravity of misconduct.with gravity of misconduct.


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SECTION 11ASECTION 11A An industrial dispute discharge orAn industrial dispute discharge or

dismissal of workman.dismissal of workman.

Referred to a Labour Court / Tribunal forReferred to a Labour Court / Tribunal for

adjudication.adjudication.During the adjudication proceedings,During the adjudication proceedings,

Labour Court / Tribunal / NationalLabour Court / Tribunal / National

Tribunal satisfied that order ofTribunal satisfied that order ofdismissal / discharge not justified.dismissal / discharge not justified.

Award -1. Set aside order of Dismissal /Award -1. Set aside order of Dismissal /

Discharge.Discharge.


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2. Direct reinstatement of workman on such2. Direct reinstatement of workman on suchterms & conditions ,terms & conditions ,

( if it thinks fit pure courts discretion)( if it thinks fit pure courts discretion)

3. Give other relief to the workman- award3. Give other relief to the workman- awardof lesser punishment in lieu of discharge /of lesser punishment in lieu of discharge /

dismissal as the circumstances of the casedismissal as the circumstances of the casemay require.may require.

Clause : the Labour Court/ Tribunal reliesClause : the Labour Court/ Tribunal relies

only on the materials on record .only on the materials on record .No fresh evidence considered in relation toNo fresh evidence considered in relation to

the matter.the matter.

AMENDMENTAMENDMENT


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AMENDMENT -AMENDMENT -

REASONREASON The Government - provideThe Government - provide

Added protection workmanAdded protection workmanagainstagainst

1. Unjust & Arbitrary termination.1. Unjust & Arbitrary termination.


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PRESENT SITUATIONPRESENT SITUATION

Enquiry conducted defective /Enquiry conducted defective /

properly conducted;properly conducted;

Labour Court / Tribunal power toLabour Court / Tribunal power to

1. Set aside1. Set aside2. Modify the order of Punishment/2. Modify the order of Punishment/

DIFFERING WITHDIFFERING WITH


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DIFFERING WITHDIFFERING WITH

FINDINGS OF PROPERFINDINGS OF PROPER

DOMESTIC ENQUIRYDOMESTIC ENQUIRY

In case , a proper domestic enquiry hasIn case , a proper domestic enquiry has

been conducted by the Employer,been conducted by the Employer,

The Labour Court must provide reasonsThe Labour Court must provide reasonsfor disagreeing with its findings duringfor disagreeing with its findings during

the verdict.the verdict.


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INTERFERENCE BY LABOUR COURT /INTERFERENCE BY LABOUR COURT /

TRIBUNAL WITH ORDER OF PENALTYTRIBUNAL WITH ORDER OF PENALTY

Sec 11A The Labour Court / TribunalSec 11A The Labour Court / Tribunalcan interfere with the penalty & directcan interfere with the penalty & direct

reinstatement even when a proper &reinstatement even when a proper &fair enquiry was conducted by thefair enquiry was conducted by theemployer.employer.

Lesser punishment justified.Lesser punishment justified.

Provided Labour Court / Tribunal Provided Labour Court / Tribunal

materials only on hand.materials only on hand.


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MATERIALS ON RECORDMATERIALS ON RECORD

The evidence deposed DomesticThe evidence deposed Domestic

enquiry.enquiry.

Enquiry proceedings fair & proper;Enquiry proceedings fair & proper;

Fresh evidence permitted;Fresh evidence permitted;

1.No enquiry conducted1.No enquiry conducted

2. Enquiry defective.2. Enquiry defective.


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FRESH EVIDENCEFRESH EVIDENCE

If enquiry If enquiry

1. Not conducted1. Not conducted

2. Not fair & proper2. Not fair & proper

Opportunity for fresh evidenceOpportunity for fresh evidence

Satisfy itself that order of dischargeSatisfy itself that order of discharge/dismissal is valid ./dismissal is valid .

Employer permission adduce freshEmployer permission adduce fresh

evidence.evidence.

DIRECTDIRECT


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DIRECTDIRECT

REINSTATEMENTREINSTATEMENT Enquiry not conducted or defective;Enquiry not conducted or defective;

Tribunal no power toTribunal no power to

1. exonerate misconduct, modify punishment &1. exonerate misconduct, modify punishment &order direct reinstatement straightaway.order direct reinstatement straightaway.

Mgmt fresh evidence validate action.Mgmt fresh evidence validate action.

Tribunal assess evidence both parties directTribunal assess evidence both parties direct

reinstatement (if necessary).reinstatement (if necessary).

DOMESTIC ENQUIRY


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DOMESTIC ENQUIRY -DOMESTIC ENQUIRY -

OBLIGATORYOBLIGATORY

ID Act order of dismissal illegal & invalid noID Act order of dismissal illegal & invalid nodomestic enquiry.domestic enquiry.

Not conducting enquiry Employer right holdNot conducting enquiry Employer right holddomestic enquiry passes to Tribunal.domestic enquiry passes to Tribunal.

Enquiry mandatory provision in the CertifiedEnquiry mandatory provision in the Certified

Standing Orders of the Company for it.Standing Orders of the Company for it.


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DISCHARGE - EFFECTIVEDISCHARGE - EFFECTIVE

If Court upholds an order ofIf Court upholds an order of

discharge / dismissal.discharge / dismissal.

It is effective from It is effective from

1.Date of original order1.Date of original order2.If Standing Orders provision for2.If Standing Orders provision for

punishment effective date ofpunishment effective date of

suspension.suspension.

WRONGFUL DISCHARGE /WRONGFUL DISCHARGE /


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WRONGFUL DISCHARGE /WRONGFUL DISCHARGE /

DISMISSALDISMISSAL

If Employer wrongful discharge /If Employer wrongful discharge /

dismissal.dismissal.

Tribunal not necessarily directTribunal not necessarily direct

reinstatement.reinstatement.

Provide relief Compensation.Provide relief Compensation.

VOLUNTARYVOLUNTARY


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VOLUNTARYVOLUNTARY

ARBITRATIONARBITRATION

Process where;Process where;

Both parties of an Industrial Dispute,Both parties of an Industrial Dispute,select an arbitrator of their own choice.select an arbitrator of their own choice.

Arbitrator person faith & confidence.Arbitrator person faith & confidence.

Time SaverTime Saver

Disputes resolved faster.Disputes resolved faster.

VOLUNTARY ARBITRATIONVOLUNTARY ARBITRATION


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VOLUNTARY ARBITRATION-VOLUNTARY ARBITRATION-

AUTHORITYAUTHORITY

Parties to the dispute applyParties to the dispute apply

1. Either jointly1. Either jointly

2. Separately for referring the dispute2. Separately for referring the dispute

to a board, court, Labour Court , Tribunalto a board, court, Labour Court , Tribunal

Govt authority sanction for VoluntaryGovt authority sanction for VoluntaryArbitrationArbitration

If satisfied- representation character ofIf satisfied- representation character of

each party.each party.

ARBITRATION V/SARBITRATION V/S


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ARBITRATION V/SARBITRATION V/S

ADJUDICATIONADJUDICATION

Both parties makeBoth parties make

a reference.a reference.

Arbitrator chosenArbitrator chosen

by the partiesby the parties

themselvesthemselves

Only GovernmentOnly Government

makes themakes the

reference.reference.

Government Government

authority judicialauthority judicial

authorities /authorities /arbitrators.arbitrators.


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PROCEDURE FOR ARBITRATIONPROCEDURE FOR ARBITRATION

Written agreement signed by bothWritten agreement signed by bothparties, referring for arbitration.parties, referring for arbitration.

Appropriate Govt publish thisAppropriate Govt publish thisdocument Official Gazette.document Official Gazette.

Publication within 1 month expiryPublication within 1 month expiryof the receipt of copy.of the receipt of copy.

APPLICABILITY OFAPPLICABILITY OF


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APPLICABILITY OFAPPLICABILITY OF

ARBITRATION AWARDARBITRATION AWARD

The arbitration Award is binding on;The arbitration Award is binding on;

1. The parties themselves.1. The parties themselves.

2. Other workmen if Appropriate Govt2. Other workmen if Appropriate Govt satisfied that the parties seeking satisfied that the parties seeking

arbitration majority representators ofarbitration majority representators of

both sides.both sides.


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SUBMISSION OF ARBITRATIONSUBMISSION OF ARBITRATION


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SUBMISSION OF ARBITRATIONSUBMISSION OF ARBITRATION

AWARDAWARD

Arbitration award nonArbitration award non

appealable award.appealable award.

Submitted to the AppropriateSubmitted to the AppropriateGovernment.Government.

WAGES PAYABLE TOWAGES PAYABLE TO


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WAGES PAYABLE TOWAGES PAYABLE TO

REINSTATED WORKMAN.REINSTATED WORKMAN.

Sec 17B of the ID Act Employer must pay fullSec 17B of the ID Act Employer must pay fullwages last drawn by workman .wages last drawn by workman .

Wages paid till the case is disposed offWages paid till the case is disposed off

- the Employee does not join or receive wages- the Employee does not join or receive wageselsewhere.elsewhere.

Responsibility of dismissed / dischargedResponsibility of dismissed / discharged/terminated workman file affidavit relief under/terminated workman file affidavit relief under

Sec 17B wherein the Employers appeal Sec 17B wherein the Employers appeal pending before high / Supreme Court.pending before high / Supreme Court.


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THANK YOUTHANK YOU

INDUSTRIAL RELATION -BASIC CONCEPTS 2 , IR

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Transcript of INDUSTRIAL RELATION -BASIC CONCEPTS 2 , IR