Conciliation, arbitration and adudication are the different methods provided for in the Industrial Disputes Act 1947

for the settlement of industrial disputes.

Conciliation: The Government that is either the Central Government or the State Government appoints conciliation officers who are usually officials of the State Labour Department or the officials of the Ministry of Labour Government of India. If any industrial dispute arises between an employer and his workmen the workmen or the employer can approach the Conciliation Officer for the area in which the industry is situated and request him to hold conciliation talks in the dispute and settle the issue. The talks initiated by the conciliation officer are called conciliation talks. The conciliation talks may end in the settlement of the disputes in which case a settlement is drafted and signed by the employer, the workmen(trade union) and the conciliation officer. There may be cases when the conciliation officer may not be able to settle the dispute for several reasons. In such circumstances, the conciliation officer sends a report to the Government. This report is called the conciliation failure report. The Government considers the report of the conciliation officer and if necessary refers the issue in dispute to the Labour Court/Industrial Tribunal as the case may be for adjudication. Adjudication: The Labour Court/Industrial Tribunal gets the jurisdiction to decide an industrial only if the Government makes a reference of that dispute to it. The proceedings before the Labour Court/Industrial Tribunal are called adjudication proceedings. The Labour Court/Industrial Tribunal after following the procedure prescribed under law finally gives its Award. This Award is sent to the Government and becomes operational thirty days after the date of its publication by the Government. The Award given by the Labour Court/Indiustrial Tribunal is binding on the parties to the industrial dispute. However, any one of the parties in the adjudication proceedings before the Labour Court/Industrial Tribunal can challenge the Award by means of a writ petition before the High Court.

Arbitration: Arbitration is also a procedure for the settlement of the industrial dispute. In the case of arbitration, the parties agree that the issue in dispute between them should be settled by referring the issues for arbitration. The parties to the dispute can select the person who should arbitrate the issue i.e., the arbitrator. The difference between arbitration and adjudication is that in the case of arbitration the parties to the dispute

agree to refer the dispute for the decision of the arbitrator. In the case of adjudication, the dispute is referred for adjudication by the Government. In the case of arbitration the parties to the dispute can choose the arbitrators. In the case of adjudication the Presiding Officer of the Labour Court/Industrial Tribunal are appointed by the Government. The parties to an adjudication proceedings cannot choose the Presiding Officer of the Labour Court/Industrial Tribunal

attribution

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