LEGAL FRAMEWORK OF IR VARIOUS MACHINERIES TO TACKLE INDUSRIAL DISPUTES Statutory machineryand Voluntary machinery

STATUTORY MACHINERY

1. Work Committee (where 100 and more workers are employed )govt may require the employer to set up work committeecomposed of equal number of representative of workers and management to preserve amity and establish cordial relations is purely consultative body

2. Conciliation Officerappointed for specific area or specified industriesmediate in and promote the settlement of industrial disputes.Where industrial disputes exists or is apprehended - conciliation officer shall hold conciliation proceedings he cannot take decision - send report of settlement to his government Duty of the conciliation officer is administrative and not judicial in nature. If the agreement is reached by the parties, it is binding on both the parties.

3. Board of Conciliation Govt may notify constitution of board of conciliation for promoting settlement of an industrial dispute Its role is also consultative.

4. Court of Enquirygovernment may constitute a court of enquiry object is to enquire into and reveal the causes of an industrial dispute. Comparison bet board of conciliation & court of enquiry

5. AdjudicationThe ID Act provides three tier system of adjudication of industrial dispute. cases either may be referred by government to court after the receipt of failure report form conciliation officer or directly by any party. a. Labour Courts : Legality of order, Application and interpretation , Discharge and dismissal of workman, Withdrawal of any customary , Illegality or otherwise of a strike or lock out,

b) Industrial Tribunals All matters within jurisdiction of labour courts,wages,compensatory and other allowances,hours of work and rest intervals,leave with wages and holidays,bonus, provident fund and gratuity,working shifts,classification of grades,rules of discipline, andRetrenchment and closure of establishment.

c) National TribunalConstitute when more than one state is affected by such dispute and matters related to functioning of labour and industrial courts.

6. Voluntary AbstractionIt is voluntary method of resolving individual disputes Here both parties are willing to go to an arbitrator and submit to his decision. arbitrators can be one or even more than one.

7. Grievance settlement authorityIt is to be setup by the enterprises where 50 or more workers are employed setting of individual grievances of employees,

8. Appointment of Welfare Officer 9. employer lay down terms and condition of employments10. Central industrial relations machinery consists of the Chief Labour Commissioner and Regional Labour Commissions together with labour enforcement officers. The machineries has regional offices. Their main functions are:

i. prevention, investigation and settlement of industrial disputes in industries, or enforcement of labour laws and awards,ii. Verification of union membership, and fixation of minimum wages, etc ensures implementation of code of discipline, labour laws, awards and settlements, takes preventive action evaluates major strikes and lockouts, evaluates labour laws and policy decisions and suggests measures to improve them.

VOLUNTARY MACHINERY

based on code of discipline announced in 1958.

Code of Discipline, 1958It contains matters:Labour and Management agree,Management agree,Union agree,Arbitration procedure Model grievance procedure

Tripartite Bodies Indian Labour Conference,Standing Labour Committee,Industrial Committee, and Tripartite Committee on International Labour Organisation Convention, 1954

CODE OF DISCIPLINE IN INDUSTRY

To maintain discipline in industry - there has to be:a just recognition by employers and workers a proper and willing discharge by either party

2. Management and Unions agreethat no unilateral action should be taken existing machinery for the settlement of disputes should be utilized that there should be no strike or lockout without noticethat affirming their faith in democratic principles that neither all have recourse to: coercion, intimidation, victimization

that they will avoid: litigation, sit-down and stay-in-strikes, and lockouts;that they will promote constructive cooperation will establish upon a mutually agreed basis a grievance procedure will educate the management personnel and workers

3. Management Agreesnot to increase workloads unless agreed upon not to support or encourage any unfair labour practices to display this code in local languagestake appropriate action against its officers and members to recognize the union in accordance the proper criteria

4. Unions Agreenot to encourage any form of physical force; not to permit demonstration of which is not peacefulnot to permit their members to engage in union activities during working hoursto discourage unfair labour practices, such as negligence of duty,careless operation, damage to propertydisturbance to normal work to take prompt action to implement award, agreement to display this code in union office to take action against office bearers and members