MODULE 4: Dispute Resolution Mechanism (INTRODUCTION) Flashcards
What is the primary aim of ID act 1947?
Industrial harmony (between employee and employer) and minimisation of industrial dispputes.
Where does ID act 1947 has its genesis from?
The ID act has its genesis from the Defence of India rules.
enacted by britsh to meeth the needs of war.
What is the primary aim of Defence of India rules?
There should be no Industrial dispute and if there is an industrail dispute it should be quickly resolved.
What kind of dispute resolution does Defence of India rules provide?
It provides for compulsory adjudication of ID, by the adjudicatory authority formed by the state.
This form of compulsory adjudication is still existing in India.
What is criticism of Compulsory adjudicatory mechanism provided by the ID act?
- Parties to the dispute are seen as enemies. As it will awkward for the parties to work in the same organisation.
- It takes away the option of voluntarilty settling the disputes by the parties.
- Whereas voluntary mechanism doesnot do that.
What is the view of western ID model on the compuslory dispute mechanism under ID act 1947?
- The westen model ID criticise that tribunals and courts are not competent enought o resolve the dispute as they have little knowledge about employer emloyee relationship.
- It further states that dispute should be resolved internally and oluntarily
Does ID act recognises voluntary dispute mechanism?
Initially there was no provision for it. But later a provision for voluntary arbitration was added under S.10A.
though this provision is sparcely used
What is the nature of an Industrial dispute?
the ID act 1947, sees ID is in national intrest. As the dispute should be quickly resolved as it should not cause any hinderance to production which will impact the economy.
WHat are the types of Dispute settlemet Mechanisms
- Preventive mechanism
- Curative mechanism
(provides for curative remedy after the dispute has arisen)
Preventive mechanism is resolving dispute internally.
What are the types of Preventive mechanisms
- Code of discipline
- Joint management council (workers given more voice (equal participation of employer and employee)
- grievance handling procedure
(individual employee can settle a greivance within an organisation )
all are non statutory and non voluntary in nature.
What are the different kinds of adjudicatory authorities provided by the statute?
- workers committee
- conciliation officers
- boards of conciliation
- courts of inquiry
- labour courts
- industrial tribunal
- national tribunal
What is the nature of the adudicatory bodies under the ID act 1947?
the workers committee is preventive in nature.
rest are curative in nature.
2. conciliation officers
3. boards of conciliation
4. courts of inquiry
5. labour courts
6. industrial tribunal
7. national tribunal
8. Volunatary arbitration (S.10A)
so we can say that settlement of disputes under ID act is more of curative rather than preventive
Which section of the ID act provides for voluntary arbotration?
S.10A. added by the way of amendment
but this provision is hardly used in India.
What are the different safeguards provided by ID act 1947 in dipute mechanism?
- No party shall be entitled to represnted by lawyer
- The representation of lawyers before adjudicatory bodies has also been discharged
- decision of conciliation officer is final if the dispute is not refferd by government to industrial or labour tribunal.
Is the tribunal bound to the Civil procedure Code?
No, they have flexible procedure for settlement of dispute.
