LEGAL FRAMEWORK OF IR

VARIOUS MACHINERIES TO TACKLE INDUSRIAL

DISPUTES
Statutory machinery
and
Voluntary machinery

STATUTORY MACHINERY
1. Work Committee (where 100 and more workers are employed )
govt may require the employer to set
up work committee
composed of equal number of
representative of workers and
management
to preserve amity and establish cordial
relations
is purely consultative body

2. Conciliation Officer
appointed for specific area or specified
industries
mediate in and promote the settlement of
industrial disputes.
Where industrial disputes exists or is
apprehended - conciliation officer shall hold
conciliation proceedings
he cannot take decision - send report of
settlement to his government
Duty of the conciliation officer is administrative
and not judicial in nature.
If the agreement is reached by the parties, it is
binding on both the parties.

3. Board of Conciliation
Govt may notify constitution of board of
conciliation
for promoting settlement of an
industrial dispute
Its role is also consultative.

4. Court of Enquiry
government may constitute a court of
enquiry
object is to enquire into and reveal the
causes of an industrial dispute.
Comparison bet board of conciliation &
court of enquiry

5. Adjudication

The ID Act provides three tier system of

adjudication of industrial dispute.
cases either may be referred by government
to court after the receipt of failure report form
conciliation officer or directly by any party.
a. Labour Courts : Legality of order,
Application and interpretation , Discharge and
dismissal of workman, Withdrawal of any
customary , Illegality or otherwise of a strike or
lock out,

b) Industrial Tribunals

All matters within jurisdiction of labour

courts,
wages,
compensatory and other allowances,
hours of work and rest intervals,
leave with wages and holidays,
bonus, provident fund and gratuity,
working shifts,
classification of grades,
rules of discipline, and
Retrenchment and closure of establishment.

 c) National Tribunal
Constitute when more than one state is
affected by such dispute and matters
related to functioning of labour and
industrial courts.

6. Voluntary Abstraction
It is voluntary method of resolving
individual disputes
Here both parties are willing to go to an
arbitrator and submit to his decision.
arbitrators can be one or even more than
one.

7. Grievance settlement authority

It is to be setup by the enterprises where 50 or
more workers are employed
setting of individual grievances of employees,
8. Appointment of Welfare Officer
9. employer lay down terms and condition of
employments
10. Central industrial relations machinery consists
of the Chief Labour Commissioner and Regional
Labour Commissions together with labour
enforcement officers. The machineries has
regional offices. Their main functions are:

 i. prevention, investigation and settlement of

industrial disputes in industries, or enforcement
of labour laws and awards,
ii. Verification of union membership, and fixation
of minimum wages, etc
ensures implementation of code of discipline,
labour laws, awards and settlements, takes
preventive action
evaluates major strikes and lockouts, evaluates
labour laws and policy decisions and suggests
measures to improve them.

VOLUNTARY MACHINERY

based on code of discipline announced in

1958.
Code of Discipline, 1958
It contains matters:

Labour and Management agree,

Management agree,

Union agree,

Arbitration procedure

Model grievance procedure

Tripartite Bodies
Indian Labour Conference,
Standing Labour Committee,
Industrial Committee, and
Tripartite Committee on International
Labour Organisation Convention, 1954

CODE OF DISCIPLINE IN
INDUSTRY
1. To maintain discipline in industry there has to be:
a just recognition by employers and
workers
a proper and willing discharge by either
party

2. Management and Unions agree

that no unilateral action should be taken
existing machinery for the settlement of
disputes should be utilized
that there should be no strike or lockout
without notice
that affirming their faith in democratic
principles
that neither all have recourse to: coercion,
intimidation, victimization

that they will avoid: litigation, sit-down

and stay-in-strikes, and lockouts;
that they will promote constructive
cooperation
will establish upon a mutually agreed
basis a grievance procedure
will educate the management personnel
and workers

3. Management Agrees

not to increase workloads unless

agreed upon
not to support or encourage any unfair
labour practices
to display this code in local languages
take appropriate action against its
officers and members
to recognize the union in accordance
the proper criteria

4. Unions Agree
not to encourage any form of physical force;
not to permit demonstration of which is not peaceful
not to permit their members to engage in union
activities during working hours
to discourage unfair labour practices, such as
negligence of duty,
careless operation, damage to property
disturbance to normal work
to take prompt action to implement award, agreement
to display this code in union office
to take action against office bearers and members