Industrial Disputes Explained: Who Can Raise Them and How Are They Resolved?

Dear Seniors,

Please cite an example of an industrial dispute and illustrate the processes of arbitration and conciliation in that context. Who can raise an industrial dispute, where, and how is its adjudication done?

Please provide clarification. I am hoping for a positive reply.

Regards

Hello Anshuman,

Suppose there is a dispute regarding the bonus to workmen and after a lot of effort by management and workmen, there is no amicable solution, then chances are that the workmen can go for conciliation. In conciliation, the conciliation officer is a government authority whose decision is to be implemented. If one of the parties does not agree with the decision, they can go for adjudication, i.e., the labor court, industrial tribunal, and national tribunal.

In arbitration, an arbitrator is appointed with the mutual consent of both parties. He is not a government official. I am also looking forward to the seniors sharing some more knowledge about this.

Dear,

A classic example is wage revision. First, the Union will give the Management a charter of demands. Thereafter, there will be negotiation on this. If not agreed upon, then it is referred to the Conciliator who will mediate. If no resolution is arrived at, he will give a failure report to the Government, and thereafter, the Government will refer it to the Industrial Tribunal, which will adjudicate it and pass an award that is enforceable in law.

With Regards,

Advocates & Notaries
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