Page 95 - DCOM207_LABOUR_LAWS

Labour Laws

Notes 5.6 Summary

l z An industrial dispute may be defined as a conflict or difference of opinion between
management and workers on the terms of employment.

l z It is a disagreement between an employer and employees’ representative; usually a trade
union, over pay and other working conditions and can result in industrial actions.
l z When an industrial dispute occurs, both the parties, that is the management and the
workmen, try to pressurize each other.
l z The management may resort to lockouts while the workers may resort to strikes, picketing
or gheraos.

l z The object of the Act is to make provisions for investigation and settlement of industrial
disputes.

l z The purpose is to bring the conflicts between employer and employees to an amicable
settlement.

l z The Act provides machinery for settlement of disputes, if dispute cannot be solved through
collective bargaining.

l z Section 10, Industrial Disputes Act, 1947 provides that where the appropriate Government
is of opinion that any industrial dispute exists or is apprehended, it may at any time; by
order in writing refer the dispute for redressal before the competent Jurisdictional Tribunals
or as provided in the Act.
l z Section 10A, Industrial Disputes Act, 1947 provides that where any industrial dispute
exists or is apprehended and the employer and the workmen agree to refer the dispute to
arbitration, they may at any time before the dispute has been referred to a Labour Court or
Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration and
the reference shall be to such persons (including the presidency officer of a Labour Court
or Tribunal or National Tribunal) as an arbitrator as may be specified in the arbitration
agreement.
l z Where any industrial dispute exists or is apprehended, the conciliation officer may, or
where the dispute relates to a public utility service and a notice has been received, shall
hold conciliation proceedings in the prescribed manner.

5.7 Keywords

Adjudication: Adjudication is a procedure for resolving disputes without resorting to lengthy
and expensive court procedure.
Arbitration: Arbitration is a procedure in which a dispute is submitted, by agreement of the
parties, to one or more arbitrators who make a binding decision on the dispute.
Arbitrator: An independent person or body officially appointed to settle a dispute.
Conciliation: Conciliation in industrial disputes is a process by which representatives of
management and employees and their unions are brought together before a third person or a
body of persons with a view to induce or persuade them to arrive at some agreement to their
satisfaction and in the larger interest of industry and community as a whole.

Conflict: Conflict may be defined as a struggle or contest between people with opposing needs,
ideas, beliefs, values, or goals.

90 LOVELY PROFESSIONAL UNIVERSITY