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INDUSTRIAL CONFLICTS




  ARBITRATION
  ADJUDICATION
ARBITRATION

 • Arbitration act 1996.
 • Arbitration means when
   two parties are arguing
   they can't come to an
   agreement       they     call
   someone in who is neutral
   and they figure out the
   matter.
 • In Arbitration rules will be
   followed to solve the
   problem by the mediator.
TYPES OF ARBITRATION


 1.VOLUNTARY ARBITRATION

 2.COMPULSORY ARBITRATION
1.VOLUNTARY ARBITRATION


• Voluntary arbitration is a non-binding.
• Voluntary arbitration implies that the two
  contending parties, unable to compromise their
  differences by themselves or with the help of
  mediator, agree to submit the conflict/ dispute to
  an impartial authority, whose decisions they are
  ready to accept.
• Under voluntary arbitration the parties to the
  dispute can and do they refer voluntarily and
  dispute to arbitration before it is referred for
  adjudication. This type of reference is known as
  “voluntary reference”.
ESSENTIAL ELEMENTS IN
VOLUNTARY ARBITRATION


  1. The voluntary submission of dispute
  to an arbitrator.
   2. It involves the presence of witness
  and investigation.
   3. The enforcement of an award may
  not be necessary and binding because
  there is no compulsion.
  4. Voluntary arbitration may be
  specially needed for disputes arising
  under agreements.
2.COMPULSORY ARBITRATION


• Compulsory Arbitration is a non-
  binding.
• Compulsory arbitration is one
  where the parties are required to
  accept arbitration without any
  willingness on their part.
• Compulsory arbitration leaves no
  scope for strikes and lock-outs; it
  deprives both the parties of their
  very important and fundamental
  rights.
ESSENTIAL ELEMENTS IN
COMPULSORY ARBITRATION


 1. The parties fail to arrive at a settlement
 by a voluntary method.
 2. When there is a national emergency
 which requires that the wheels of
 production should not be obstructed by
 frequent work-stoppages.
 3. The country is passing through a grave
 economic crisis.
 4. There is a grave public dissatisfaction
 with the existing industrial relations.
 5. Public interest and the working
 conditions have to be safeguarded and
 regulated by the state.
MERITS OF ARBITRATION
  • Confidential
  • Cost saving
  • Time saving
  • Expert neutral
  • Arbitrators often work faster than a
    judge to decide disputes.
  • The parties can select their
    arbitrator.
  • Appointments are scheduled with
    the arbitrator at the mutual
    convenience of all concerned; no
    other cases compete for attention.
DEMERITS OF ARBITRATION

• Workers cannot go on a strike during the
  discussion.
• Sometimes arbitrator show result towards
  one group due to bias.
• Two groups of people should agree the
  result what the arbitrator said.
• The couple gives up their power to decide
  and leaves their fate in the hands of a third
  party stranger.
• The arbitrator’s settlement is final.
• The parties, not the court calendar, decide
  when and how much time the arbitrator
  spends on their case.
ADJUDICATION

• Adjudication act 1996.
• This is next level of problem
  solving. If they not satisfied with
  the arbitrator result they can
  approach the adjudication
  method.
• In this, the problem will be solved
  by the lawyer who is appointed by
  the government.
Types

1.VOLUNTARY ADJUDICATION

2.COMPULSORY ADJUDICATION
TIER SYSTEM OF ADJUDICATION



            • Labour Courts
            • Industrial Tribunals
            • National Tribunals
LABOUR COURTS
   Labour court shall consist of one person, who :
• Retirement of high court judge.
• For a period of not less than 3 years as district
  judge.
• Judicial office in India for not less than 7 years.

          FUNCTIONS OF LABOUR COURS
1.To hold adjudication proceedings expeditiously.
2.Submit its award to the appropriate government as
  soon as practicable on the conclusion of the
  proceedings.
INDUSTRIAL TRIBUNAL
• Formed by central or state government.
• One man court who is the president or
  retired high court judge.
• Industrial disputes will come under this.
       NATIONAL TRIBUNAL
• Only central government is empowered to
  form national tribunal.
• Single member body who is the president.
  He can be retired judge of supreme or high
  court.
Arbitration and adjudication

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Arbitration and adjudication

  • 1. INDUSTRIAL CONFLICTS  ARBITRATION  ADJUDICATION
  • 2. ARBITRATION • Arbitration act 1996. • Arbitration means when two parties are arguing they can't come to an agreement they call someone in who is neutral and they figure out the matter. • In Arbitration rules will be followed to solve the problem by the mediator.
  • 3. TYPES OF ARBITRATION 1.VOLUNTARY ARBITRATION 2.COMPULSORY ARBITRATION
  • 4. 1.VOLUNTARY ARBITRATION • Voluntary arbitration is a non-binding. • Voluntary arbitration implies that the two contending parties, unable to compromise their differences by themselves or with the help of mediator, agree to submit the conflict/ dispute to an impartial authority, whose decisions they are ready to accept. • Under voluntary arbitration the parties to the dispute can and do they refer voluntarily and dispute to arbitration before it is referred for adjudication. This type of reference is known as “voluntary reference”.
  • 5. ESSENTIAL ELEMENTS IN VOLUNTARY ARBITRATION 1. The voluntary submission of dispute to an arbitrator. 2. It involves the presence of witness and investigation. 3. The enforcement of an award may not be necessary and binding because there is no compulsion. 4. Voluntary arbitration may be specially needed for disputes arising under agreements.
  • 6. 2.COMPULSORY ARBITRATION • Compulsory Arbitration is a non- binding. • Compulsory arbitration is one where the parties are required to accept arbitration without any willingness on their part. • Compulsory arbitration leaves no scope for strikes and lock-outs; it deprives both the parties of their very important and fundamental rights.
  • 7. ESSENTIAL ELEMENTS IN COMPULSORY ARBITRATION 1. The parties fail to arrive at a settlement by a voluntary method. 2. When there is a national emergency which requires that the wheels of production should not be obstructed by frequent work-stoppages. 3. The country is passing through a grave economic crisis. 4. There is a grave public dissatisfaction with the existing industrial relations. 5. Public interest and the working conditions have to be safeguarded and regulated by the state.
  • 8. MERITS OF ARBITRATION • Confidential • Cost saving • Time saving • Expert neutral • Arbitrators often work faster than a judge to decide disputes. • The parties can select their arbitrator. • Appointments are scheduled with the arbitrator at the mutual convenience of all concerned; no other cases compete for attention.
  • 9. DEMERITS OF ARBITRATION • Workers cannot go on a strike during the discussion. • Sometimes arbitrator show result towards one group due to bias. • Two groups of people should agree the result what the arbitrator said. • The couple gives up their power to decide and leaves their fate in the hands of a third party stranger. • The arbitrator’s settlement is final. • The parties, not the court calendar, decide when and how much time the arbitrator spends on their case.
  • 10. ADJUDICATION • Adjudication act 1996. • This is next level of problem solving. If they not satisfied with the arbitrator result they can approach the adjudication method. • In this, the problem will be solved by the lawyer who is appointed by the government.
  • 12. TIER SYSTEM OF ADJUDICATION • Labour Courts • Industrial Tribunals • National Tribunals
  • 13. LABOUR COURTS Labour court shall consist of one person, who : • Retirement of high court judge. • For a period of not less than 3 years as district judge. • Judicial office in India for not less than 7 years. FUNCTIONS OF LABOUR COURS 1.To hold adjudication proceedings expeditiously. 2.Submit its award to the appropriate government as soon as practicable on the conclusion of the proceedings.
  • 14. INDUSTRIAL TRIBUNAL • Formed by central or state government. • One man court who is the president or retired high court judge. • Industrial disputes will come under this. NATIONAL TRIBUNAL • Only central government is empowered to form national tribunal. • Single member body who is the president. He can be retired judge of supreme or high court.