What is a machinery with context to The

Industrial Disputes Act, 1947.

• The industrial disputes act provides an elaborative and effective

machineries for bringing about industrial peace in an organization by
setting up the following authorities for the investigation and settlement of
the industrial disputes

• A Machinery with context to the Industrial Disputes Act, 1947 is basically a

mode by which a industrial disputes can be settled. Machinery refers to
the authorities, committees, Govt. organizations which help in resolving a
disputes within an industry.
Modes Of Settlement of
Industrial Disputes
 ( I ) Conciliation
• Works Committees [Sec. 3]:
– to promote industrial goodwill and harmony among employees.
– representatives of employer and employees.
– total number of members shall not exceed 20.
• Conciliation Officers [Sec. 4]:
– appointed by appropriate government to settle conflicts.
– intervene, investigate and try to settle disputes.
– send report to appropriate government for consideration.
• Boards of Conciliation[Sec. 5]:
– consist of a chairman and minimum 2 members.
– members enjoy judicial capacity, hence more powers than conciliation
officers.
• Courts of Enquiry [Sec. 6]:
– consist of a chairman and minimum 2 members.
– appointed by appropriate government.
– enquire into matters and report it within 6 months.
– Similar to Board of Conciliation.
 ( II ) Adjudication
• Labour courts[Sec. 7]: Labour courts are constituted by state governments
U/S 7. It will be presided over by ‘presiding officer’. The labour court has
powers in respect of * interpretation of standing orders * violation of
standing orders * discharge or dismissal of A workman * withdrawal of any
customary concession or privilege * illegality or otherwise of A strike or lock-
out * other matters which are not under industrial tribunal.

• Industrial tribunal[Sec. 7-A]: It is constituted by state government U/S 7A.

The tribunal will be presided over by ‘presiding officer. The industrial tribunal
has powers in respect of * wages, including period and mode of payment *
compensatory and other allowances * hours of work and rest intervals *
leave with wages and holidays * bonus, profit sharing, provident fund and
gratuity * shift working changes * classification by grades * rules of discipline
retrenchment of workmen.
• National tribunal[Sec.7(b)]: National tribunal is formed by central
government for adjudication of industrial disputes of national importance
or where industrial establishments situated in more than one states are
involved.

• Grievance Settlement Authority [Sec. 9 (c)]: This Section is incorporated

as a new chapter II B of the Act. As per this Section, the employer in
relation to every industrial establishment in which fifty or more workmen
are employed or have been employed on any day in the preceding twelve
months, shall provide for, in accordance with the rules made in that behalf
under this Act, a Grievances Settlement Authority.
 ( III ) Arbitration
• Arbitration is a process in which the conflicting parties agree to refer their
dispute to a neutral third party known as ‘Arbitrator’. Arbitration differs
from conciliation in the sense that in arbitration the arbitrator gives his
judgment on a dispute while in conciliation, the conciliator disputing
parties to reach at a decision.
• The arbitrator does not enjoy any judicial powers. The arbitrator listens to
the view points of the conflicting parties and then gives his decision which
is binding on all the parties. The judgment on the dispute is sent to the
government. The government publishes the judgment within 30 days of its
submission and the same becomes enforceable after 30 days of its
publication.
• Arbitration refers to getting the disputes settled through an independent
person chosen by the parties involved mutually and voluntarily.
• It is an agreement between employer and employee.
• Arbitrator shall investigate and submit the arbitration award to the
appropriate government.