Mediation and Conciliation in Collective Labor Conflicts in India (original) (raw)
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Effective means of prevention and settlement of disputes is a cornerstone of sound industrial relations and it is essential that appropriate machineries exists for this purpose. An efficient mechanism for dispute prevention and resolution helps to create a climate in which economic growth and equity can flourish. Dispute investigation and resolution process seeks to assist parties in the employment relationship to settle their grievances or disputes with minimum disruption of work. In a sense, the process is a peace-making arrangement. The absence of an effective dispute settlement system and procedure can result in the widespread industrial conflict with adverse effects on the worker-employer relations and also on collective bargaining process itself. Therefore, the Indian Government attempted to make industrial relations healthier by enacting the Industrial Disputes Act, 1947 [hereinafter referred to as IDA] and Labour Code Act No. 71 of 1987 [hereinafter referred to as LCA] respectively, to solve the industrial disputes. This in turn has improved the industrial relations tremendously.
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This paper argues that the realistic cause of delay in conciliation proceedings should be located in the dynamics of actual disputing experiences and not just the averagings, perceptions and opinions analyses. The delay is merely a symptom of a deeper systemic malaise in the framework of the conciliation-adjudication model, with over-arching powers vested with the state machinery. The paper proceeds to explain the perceptions as well as the real causes for delay. It is based on a sociological reconstruction of 33 collective industrial disputes in the private sector. In 4 cases, the live conciliation proceedings were observed by the author. The dispute files or all the cases were studied for reconstruction. Representatives of disputant parties (management and workmen) were interviewed.
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The main purpose of the Labour Code Act No. 71 of 1987 [hereinafter referred to as LCA] is to involve labor in the process of building the national economy so as to achieve prosperity and improve living conditions. Similarly, the main object of the Industrial Disputes Act, 1947 [hereinafter referred to as IDA] is the investigation and settlement of industrial disputes. With these objects in view, various authorities have been created by the respective enactments. The adjudication of labour disputes has at the first instance been kept out of the jurisdiction of the Municipal Courts so that efforts may be made for settlement of such disputes through some other agencies. The Works Committee, Conciliation Officer, Board of Conciliation, Courts of Inquiry, Labour Courts or the Industrial Tribunal, all aim at amicable settlement of the industrial dispute. The various modes of settlement of disputes provided by the Acts may broadly be classified under three heads: (1) Conciliation; (2) Arbitration, (3) Adjudication.
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Collective labor disputes based on the differences in economic interests between workers and employers can be effectively resolved exclusively through conciliation procedures. Contemporary alternative methods arose mostly due to the necessity to resolve collective labor disputes; mediation for this purpose is applied differently in various countries. National legislation equally provides various means for collective labor dispute resolutions and determines relevant intermediary procedures. An intermediation in a collective labor dispute resolution can be private and/or state-appointed and mandatory or alternative and remains a very perspective means of alternative dispute resolution. An analysis of different countries’ legislation distinguishes several common features of intermediation in collective labor disputes, concerning mainly the goals, objectives and principles. For bodies and persons conducting intermediation, the degree of compulsion in their decisions varies greatly from ...
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Industrial disputes occur in practically all developed and developing countries around the world. Industrialization has tended to produce a schism between management and workers; the lack of workers' ownership over the means of production has resulted in industrial friction and conflicts, which eventually lead to industrial disputes. Conflict resolution is a critical component of any effective labour market and industrial relations system. This article focuses on the legal and practical issues of industrial dispute resolution in India. Effective collective bargaining and open communication between management and unions can reduce disputes and foster positive workplace relations.