Lecture 9: Industrial Disputes

Covered Topic
Industrial Disputes
Industrial Relationship Machinery

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Industrial Disputes

According to sec2(k) of Industrial Disputes Act 1947, The terms industrial disputes means any dispute and dispute and deference between employers & employers or between employers & workers, or between workman & workman, which is connected whit the employment and conditions of employment of any person.

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Industrial Disputes Machinery

The present machinery for the settlement of industrial disputes are given below:

1. Conciliation
2. Arbitration 3. Adjudication

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Differences between Arbitration & Adjudication

Arbitration Adjudication
It is a voluntary method of resolving It is compulsory and is the ultimate remedy industrial disputes. It is resorted to before for resolving industrial disputes provided by the dispute is referred to a labor industrial tribunal or national tribunal The power to refer an industrial dispute to The power to adjudicate upon disputes is court, the ID Act,1947

an arbitrator is derived from the written statutory in the sense that it is derived from
agreement made by the employers and the the provisions of the ID Act, 1947 and it is workmen together and it is these two the appropriate government which refers

parties together who agree to refer a dispute industrial disputes to the adjudicatory bodies to arbitration. namely labor courts and industrial tribunals.

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Contd.
Arbitration Adjudication

Arbitrator/ arbitrators are specified in the The presiding officers of these adjudicationary
written agreement. The number of arbitrators bodies are one or more then one are appointed by the appropriate

government only and all these consist of one person only.

The

appropriate

government

can

issue No such provision when a dispute is referred

notification to the parties who are not bound to labor courts/industrial tribunals /national by the arbitration agreement but are tribunals

concerned in the dispute to present their case

before arbitrator/arbitrators
Though the decisions of both the bodies are The awards of these bodies are also quasiquasi-judicial in nature and arbitration award judicial in nature. After they are published in

is amenable to the jurisdiction of high court the Official Gazette they are amenable only to
only 9 Constitutional remedies Prepared by Rezbin Nahar

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