Industrial Dispute means any dispute between employers and employers, or between employers 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, of any person.
The objective of the Industrial Disputes Act 1947 is to secure industrial peace and harmony by proper investigation and settlement of industrial dispute
Dispute settlement authorities under the act:
The Acts provides for the following nine machineries for the investigation and Settlement of industrial Disputes to bring about Industrial Peace:
- Works Committee;
- Conciliation Officer;
- Conciliation Board;
- Court of Enquiry;
- Labour Court;
- Industrial Tribunal;
- National Tribunal;
- Grievances Settlement Authority.
Here, we will concentrate on display of report of Conciliation Board (hereinafter referred to as Board); Labour Court and arbitration award.
Board: Conciliation Board aims at reconciliation of the interests or differences of the two parties. It is a process through which each of the parties appoints their representatives and the representatives are brought before a third party. After that mutual discussion takes place between the representatives so that they can be persuaded to come to a common solution.
When parties in the industrial dispute apply to the government to refer dispute to the Conciliation Board; government shall refer the matter to the Conciliation Board for promoting the settlement of an industrial dispute. After that it is the duty of the Board to do all things as it thinks fit for the purpose of inducing the parties to come to fair and amicable settlement. Whether settlement is reached or not, the Board must submit its report within 2 months to the Government. However, if no settlement is arrived, Government may refer the matter to labour Court. The Government shall publish the report of the Board within 30 days. Such published report shall be exhibited in the establishment premises for information parties to the dispute.
Labour Court: If any settlement is not arrived at Board, the appropriate Government may refer the matter to the Labour Court. The inquiry by the Court shall be a judicial proceeding and the report of the Court on such proceeding to be send to the Government within 6 months from the date of commencement of inquiry. The Government shall publish the report of the Court within 30 days and the employer shall exhibit the report in the establishment premises for information to parties to the dispute.
Arbitration: Arbitration is the most formal alternative way to litigation. Arbitration is the process of bringing an industrial dispute before a neutral disinterested third party for resolution. The third party commonly known as an arbitrator listens to the viewpoints of both the parties and then deliver his decision which is called award. As per Industrial Disputes Act 1947, when the parties to the dispute agrees to refer the matter to Arbitrator, they have to make an application in prescribed Form to the Labour department and labour commissioner in writing. After that, an arbitrator is appointed by the Government. Whether the dispute is before Labour Court, or Industrial Tribunal or National Tribunal, the parties can go to arbitration by written agreement.
The arbitrator conducts the investigation in to the dispute and give arbitration award (final decision or settlement). The arbitrator shall submit to the appropriate Government the arbitration award. The Government shall publish the arbitration award within 30 days and the employer shall exhibit the award in the establishment premises for information to parties to the dispute.