Machineries for smooth industrial relations solve industrial disputes they are of three types
The Industrial Dispute Act, 1947 has provided for the establishment of works committees. In case;of any industrial establishment in which 100 or more workers are employed, a works committee consisting of employees and workers is to be constituted; it shall be the duty of the Works Committee to promote measures for securing and;preserving amity and good relations among the employees and workers.
Workers’ participation in management is an essential ingredient of industrial democracy. The concept of workers participation in management is based on “Human Relations” approach to management which brought about new set of values to labour and management.
According to one view, workers participation is based on the fundamental concept that the ordinary workers invest his labour in, and ties his fate to, his place of work and, therefore, he has a legitimate right to have a share in influencing the various aspects of company policy”. According to G.S. Walpole, participation in management gives the workers a sense of importance, pride and accomplishment; it gives him the freedom and the opportunity for self-expression; a feeling of belonging to his place of work and a sense of workmanship and creativity. It provides for the integration of his interests with those of the management and makes him a joint partner in the enterprise”.
The forms of workers participation in management vary from industry to industry and country to country depending upon the political system, pattern of management relations and subject or area of participation. The forms of workers participation may be as follows:
Collective Bargaining is a process in which there preventatives of the employer and of the employees meet and attempt to negotiate a contract governing the employer-employee-union relationships. Collective Bargaining involves discussion and negotiation between two groups as to the terms and conditions of employment
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. The third party acts as a facilitator in this process. Conciliation is a type of state intervention in settling the Industrial Disputes.The Industrial Disputes Act empowers the Central & State governments to appoint conciliation officers and a Board of Conciliation as and when the situation demands The appropriate government may, by ;notification in the official gazette, appoint such number of persons as it thinks fit to be the conciliation officer.The duties of a conciliation officer are:
The conciliation officer however has no power to force a settlement. He can only persuade and assist the parties to reach an agreement. The Industrial Disputes Act prohibits strikes and lockouts during that time when the conciliation proceedings are in progress.
A 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. The conciliator simply assists the parties to come to a settlement, whereas the arbitrator listens to both the parties and then gives his judgment
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.
Implies that the parties are required to refer the dispute to the arbitrator whether they like him or not. Usually, 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.
Adjudication is the ultimate legal remedy for settlement of Industrial Dispute. Adjudication means intervention of a legal authority appointed by the government to make a settlement which is binding on boththe parties. In other words adjudication means a mandatory settlement of an Industrial dispute by a labour court or a tribunal. For the purpose of adjudication, the Industrial Disputes Act provides a3-tier machinery:
The appropriate government may,by notification in the official gazette constitute one or more labour courts for adjudication of Industrial disputes relating to any matters specified in the second schedule of Industrial Disputes Act.They are:
The appropriate government may, by notification in the official gazette, constitute one or more Industrial Tribunals for the adjudication of Industrial disputes relating to the following matters:
It is the duty of the Industrial Tribunal to hold its proceedings expeditiously and to submit its report to the appropriate government within the specified time.
The central government may, by notification in the official gazette, constitute one or more National Tribunals for the adjudication of Industrial Disputes in
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Industrial Relations Management Tutorial
Introduction Of Industrial Relation Management
Concept And Determinants Of Industrial Relations And Its Position In India
Managing Industrial Relations Changes, Industrial Relations And Productivity
Changing Technology, Effective Communication And I.r Management Structure
Indian Culture, Industrial Relation International Labour Organization
Trade Union Legislation
Multiplicity Of Trade Unions
Industrial Relation Management And Management Of Trade Union
Ir Strategies - A Discussion
Worker Development And Worker’s Participation
Grievance Handling Machinery
Collective Bargaining – An Overview
Collective Bargaining In India
Collective Agreements In India
International Labour Organisation And Labour Council &constitutional Provisions
Labour Administration Machinery Of The Central Government
Industrial Relations And Its Contemporary Trends
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