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Industrial dispute means any dispute or difference
between employers and employers, or between
employers and workmen, or between workmen and
workmen, which is connected with the employment or
nonemployment or terms of employment or with the
conditions of labour of any person.
In practice, Industrial dispute mainly refers to the
strike between employers and their employees. n
Industrial dispute is not a personal dispute of any one
person. It generally affects a large number of workersǯ
community having common interests.
he consequences of an Industrial dispute will be
harmful to the owners of industries, workers, economy
and the nation as a whole, which results in loss of
productivity, profits, market share and even closure of
the plant. ence, Industrial disputes need to be
averted by all means.
revention is always better than cure. reventive steps
should, therefore, to be taken so that industrial
disputes do not occur. he following measures can be
taken to prevent disputes in industry:
ë. =
tanding orders define
and regulate terms and conditions of employment and
bring about uniformity in them. hey also specify the
duties and responsibilities of both employers and
employees thereby regulating standards of their
behaviour. herefore, standing orders can be a good
basis for maintaining harmonious relations between
employees and employers.
ach individual organism its code
or may follow the code of discipline in industry
formulated by the govt: and made applicable to
industry and workers from June ëst ë .
It aims at preventing disputes through negotiations
without the interference of an outside agency.
°bjectives:
_ o
avoid
work
stoppages
_ o
maintain
discipline
in
industry
_ ecure
settlement
of
disputes
and
grievances
by
negotiation,
conciliation
and
arbitration.
_ romote
constructive
cooperation
between
the
parties
concerned
at
all
levels.
_ Improve
motivation
communication
_ Improve
productivity
and
compensation
of
employees
(a
Conciliation
(b
rbitration
(c
djudication
ë.
Conciliation refers to the process by
which representatives of employees and employers are
brought together before a third party with a view to
discuss, reconcile their differences and arrive at an
agreement through mutual consent. he third party
acts as a facilitator in this process. Conciliation is a
type of state intervention in settling the Industrial
Disputes. he Industrial Disputes ct empowers the
Central tate governments to appoint conciliation
officers and a |oard of Conciliation as and when the
situation demands.
O Conciliation °fficer: he appropriate government
may, by notification in the official gazette, appoint
such number of persons as it thinks fit to be the
conciliation officer.
he
duties
of
a
conciliation
officer
are:
a o
hold
conciliation
proceedings
with
a
view
to
arrive
at
amicable
settlement
between
the
parties
concerned.
b o
investigate
the
dispute
in
order
to
bring
about
the
settlement
between
the
parties
concerned.
c o
send
a
report
and
memorandum
of
settlement
to
the
appropriate
government.
d o
send
a
report
to
the
government
stating
forth
the
steps
taken
by
him
in
case
no
settlement
has
been
reached
at.
he
conciliation
officer
however
has
no
power
to
force
a
settlement.
e
can
only
persuade
and
assist
the
parties
to
reach
an
agreement.
he
Industrial
Disputes
ct
prohibits
strikes
and
lockouts
during
that
time
when
the
conciliation
proceedings
are
in
progress.
. Ô
process in which a neutral third party
listens to the disputing parties, gathers information
about the dispute, and then takes a decision which is
binding on both the parties. he conciliator simply
assists the parties to come to a settlement, whereas the
arbitrator listens to both the parties and then gives his
judgement.
Ô Ô
O It is established by the parties themselves and
therefore both parties have good faith in the
arbitration process.
O he process in informal and flexible in nature.
O It is based on mutual consent of the parties and
therefore helps in building healthy Industrial
elations.
here
are
two
types
of
arbitration:
O ' Ô
In
voluntary
arbitration
the
arbitrator
is
appointed
by
both
the
parties
through
mutual
consent
and
the
arbitrator
acts
only
when
the
dispute
is
referred
to
him.
O Ô
Implies
that
the
parties
are
required
to
refer
the
dispute
to
the
arbitrator
whether
they
like
him
or
not.
sually,
when
the
parties
fail
to
arrive
at
a
settlement
voluntarily,
or
when
there
is
some
other
strong
reason,
the
appropriate
government
can
force
the
parties
to
refer
the
dispute
to
an
arbitrator.
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