AMITY LAW SCHOOL, LUCKNOW

LABOUR LAW

ASSIGNMENT

Pressurization

Submitted to: Mrs. Archana Shukla

Submitted by: Animesh Kumar B.A.LL.B.(H) V Sem. A8108309035

Pressurization

PREFACE
This assignment take cares of the topic Pressurization of Labour Law- I from legislative as well as judicial perspective. Introduction & meaning, Causes of disputes, Modes of pressurization, Consequences, Machinery for prevention and settlement of disputes, Statutory Measures of all have acquired very important place as a subject of Sociology. I am sure my effort would these inclusions and will keep on guiding me as faculty have done earlier. I am extremely thankful to my faculty Mrs Archana Shukla Maam for resources and time given to me for preparation of this assignment. I took time to complete the given task.

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Acknowledgment
This assignment is intended to cover the topic Pressurization of Labour Law- I. Basic and pre-requisite information have been included. I acknowledge the inspiration and blessing of my respected faculty Mrs. Ritu Agarwal. She made my all doubt crystal clear. I am full of gratitude to my seniors Pratik Mishra, Swastik Vishwakarma, Mayank Dubey and Abhas Sharma for the patience shown and encouragement given to complete this assignment. My heartful thanks are due to my friends Priyanshu, Krishnat and Sridhar (Anna) for providing relevant resources. In the last but not the least, my sense of gratitude is due to AMITY LAW SCHOOL, LUCKNOW. Every effort has been made to avoid errors and mistakes; however their presence cannot be ruled out.

Animesh Kumar

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Index Introduction..........................................................................................................1 Meaning................................................................................................................1 Causes of Industrial Disputes...............................................................................3 Modes of Pressurization Strike...........................................................................................................4 Lockout.......................................................................................................6 Gherao........................................................................................................7 Work to Rule...............................................................................................7 GO-Slow.....................................................................................................7 Regulation of strikes and lock-outs.......................................................................8 Consequences of illegal strikes and lock-outs......................................................9 Machinery for Prevention and Settlement of Industrial Relations.....................10 Bibliography.......................................................................................................15

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Introduction
Nevertheless Managements taking care of employee satisfaction through meticulous Human Resource Management, disputes between the employees and employers take place due to conflict of interest between Capital and Labour. In general profit maximization or wealth maximization are the goals of management and profit sharing or wage maximization are the goals of workers which contradict each other. These diversified goals of management and labour result in dispute of interests and consequently Employee Conflicts or Industrial Conflicts. Absence of Industrial unrest implies existence of harmonious relationship between Capital and Labour. Industrial peace is a condition where labour and management work together harmoniously towards their socially desirable goals. Industrial unrest is the result of the discontent of workers and management. Employee conflict can be classified into 4 groups, Interest disputes: These are the disputes that arise out of the deadlock in negotiations. Grievance disputes: These are the disputes that arise from day to day grievances. Unfair labour practice: These are the disputes that arise from acts of interference with the exercise of right to organize acts etc. Recognition disputes: These are the disputes that arise due to the recognition of Trade Union as a bargaining agent.

Meaning
Industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non-employment or terms of employment or with the condition of labour of any person1. This definition includes all the aspects of a dispute. It, not only includes the disagreement between employees and employers, but also emphasizes the difference of opinion between worker and worker. The disputes generally arise on account of poor wage structure or poor working conditions. This disagreement or difference could be on any matter concerning the workers individually or collectively. It must be connected with employment or nonemployment or with the conditions of labour. From the point of view of the employer, an industrial dispute resulting in stoppage of work means a stoppage of production. This results in increase in the average cost of production since fixed expenses continue to be incurred. It also leads to a fall in sales and the rate of turnover, leading to a fall in profits. The employer may also be liable to compensate his customers with whom he may have contracted for regular supply. Apart from the immediate economic effects, loss of prestige and credit, alienation of the labour force, and other non1

Industrial Disputes Act 1947, Section 2 (k)

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economic, psychological and social consequences may also arise. Loss due to destruction of property, personal injury and physical intimidation or inconvenience also arises. For the employee, an industrial dispute entails loss of income. The regular income by way of wages and allowance ceases, and great hardship may be caused to the worker and his family. Employees also suffer from personal injury if they indulge into strikes n picketing; and the psychological and physical consequences of forced idleness. The threat of loss of employment in case of failure to settle the dispute advantageously, or the threat of reprisal action by employers also exists. Prolonged stoppages of work have also an adverse effect on the national productivity, national income. They cause wastage of national resources. Hatred may be generated resulting in political unrest and disrupting amicable social/industrial relations or community attitudes. Industrial unrest thus takes an organized form when the work people make common cause and pressurize for the grievance against employers through manifestations of Strikes, demonstration, picketing, Morchas, Gate meetings, Gheraos, Lockout etc. Features of Industrial conflicts: Many of the present day conflicts are totally devoid of cost benefits, consciousness on the part of labour. Many of them were long drawn out. In most cases it appears that the object of the struggle is to cause damage to the employers rather than benefit for the labour. Another significant trend seen in those conflicts is the frequency with which management met, labour pressure, by the management pressure of lockouts. Most of the strikes are political stikes that is they are not caused by any industrial dispute as such. Among these are included physical restraint like Bandh, Gherao, Dharna, etc., Go slow and work to rule. All these practices show that the politicians behind the unions want to come in prominence at the cost of even crores of rupees loss in terms of mandays and Sales. Employers are forced to react by lockouts at the expense of man days lost when the labour union strikes take a violent form like gheraos, violence characterised by destruction of property, burning of vehicles, snapping of telephone wires or even stabbing or murdering. The average duration of lockout is much larger than that of a strike, as the lockout represents an employers resistance and in India the employers has more resources to ride out a period of stoppage.

There can be several causes of Industrial conflicts. Some of them are, Industrial factors, Management attitude towards labour, Government machinery and other features.. As most of the reasons are enumerated above I am not discussing micro level details here. Industrial conflicts are common even in developed countries and there is no Industry or country where Industrial conflicts do not take place.

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Causes of Industrial Disputes

The causes of industrial conflict or disputes have been much varied. These may be described partly a psychological or social and partly political, but predominantly economic. Some important factors responsible for industrial conflict and poor industrial relations many be briefly stated as follows: Wages and allowances: Since the cost of living index is increasing, workers generally bargain for higher wages to meet the rising cost of living index and to increase their standards of living. In 2002, 21.4% of disputes were caused by demand of higher wages and allowances.2 This percentage was 20.4% during 2003 and during 2004 increased up to 26.2%. In 2005, wages and allowances accounted for 21.8% of disputes3. Personnel and retrenchment: The personnel and retrenchment have also been an important factor which accounted for disputes. During the year 2002, disputes caused by personnel were 14.1% while those caused by retrenchment and layoffs were 2.2% and 0.4% respectively. In 2003, a similar trend could be seen, wherein 11.2% of the disputes were caused by personnel, while 2.4% and 0.6% of disputes were caused by retrenchment and layoffs. In year 2005, only 9.6% of the disputes were caused by personnel, and only 0.4% was caused by retrenchment. Indiscipline and violence: From the given table, it is evident that the number of disputes caused by indiscipline has shown an increasing trend. In 2002, 29.9% of disputes were caused because of indiscipline, which rose up to 36.9% in 2003. Similarly in 2004 and 2005, 40.4% and 41.6% of disputes were caused due to indiscipline respectively. During the year 2003, indiscipline accounted for the highest percentage (36.9%) of the total time-loss of all disputes, followed by cause-groups wage and allowance and personnel with 20.4% and11.2% respectively. A similar trend was observed in 2004 where indiscipline accounted for 40.4% of disputes. Bonus: Bonus has always been an important factor in industrial disputes. 6.7% of the disputes were because of bonus in 2002 and 2003 as compared to 3.5% and 3.6% in 2004 and 2005 respectively. Leave and working hours: Leaves and working hours have not been so important causes of industrial disputes. During 2002, 0.5% of the disputes were because of leave and hours of work while this percentage increased to 1% in 2003. During 2004, only 0.4% of the disputes were because of leaves and working hours.

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The times of India Supra

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Miscellaneous: The miscellaneous factors include Inter/Intra Union Rivalry Charter of Demands Work Load Standing orders/rules/service conditions/safety measures Non-implementation of agreements and awards etc.

Modes of Pressurization Strike

Strike is also called labour strike, on strike, greve (of French: grve), or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became important in factories and mines. In most countries, they were quickly made illegal, as factory owners had far more political power than workers. Most western countries partially legalized striking in the late 19th or early 20th centuries. A strike is a very powerful weapon used by trade unions and other labour associations to get their demands accepted. It generally involves quitting of work by a group of workers for the purpose of bringing the pressure on their employer so that their demands get accepted. When workers collectively cease to work in a particular industry, they are said to be on strike. Strikes are sometimes used to put pressure on governments to change policies. Occasionally, strikes destabilise the rule of a particular political party or ruler. In such cases, strikes are often part of a broader social movement taking the form of a campaign of civil resistance. A notable example is the 1980 Gdask Shipyard strike led by Lech Wasa. This strike was significant in the long campaign of civil resistance for political change in Poland, and was an important mobilised effort that contributed to the fall of the Iron Curtain and the end of communist party rule in Eastern Europe.4 A Strike is a cessation of work by a body of persons employed in an industry acting in combination; or a concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment; or a refusal under a common understanding of any number of such persons to continue to work or to accept employment.5 This definition throws light on a few aspects of a strike. Firstly, a strike is a referred to as

Aleksander Smolar, "Towards 'Self-limiting Revolution': Poland 1970-89', in Adam Roberts and Timothy Garton Ash (eds.), Civil Resistance and Power Politics: The Experience of Non-violent Action from Gandhi to the Present, Oxford University Press, 2009, pp. 127-43. This book contains accounts on certain other strike movements in other countries around the world aimed at overthrowing a regime or a foreign military presence. 5 According to Industrial Disputes Act 1947

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stoppage of work by a group of workers employed in a particular industry. Secondly, it also includes the refusal of a number of employees to continue work under their employer. In a strike, a group of workers agree to stop working to protest against something they think is unfair where they work. Labours withhold their services in order to pressurize their employment or government to meet their demands. Demands made by strikers can range from asking for higher wages or better benefits to seeking changes in the workplace environment. Strikes sometimes occur so that employers listen more carefully to the workers and address their problems. If on the sudden death of a fellow-worker, the workmen acting in concert refuse to resume work, it also amounts to a strike.6. In field the field of law it has been defined by jurists, by judges, and by legislators covering a wide and varied range.7

Types of Strike
Stay-in, sit-down, pen-down strike: In all such cases, the workmen after taking their seats refuse to do work. All such acts on the part of the workmen acting in combination, amount to a strike. In this case, workers do not absent themselves from their place of work when they are on strike. They keep control over production facilities. But do not work. Such a strike is also known as 'pen down' or 'tool down' strike. Workers show up to their place of employment, but they refuse to work. They also refuse to leave, which makes it very difficult for employer to defy the union and take the workers' places. In June 1998, all the Municipal Corporation employees in Punjab observed a pen down strike to protest against the non-acceptance of their demands by the state government. Economic Strike: Under this type of strike, labors stop their work to enforce their economic demands such as wages and bonus. In these kinds of strikes, workers ask for increase in wages, allowances like traveling allowance, house rent allowance, dearness allowance, bonus and other facilities such as increase in privilege leave and casual leave. General Strike: It means a strike by members of all or most of the unions in a region or an industry. It may be a strike of all the workers in a particular region of industry to force demands common to all the workers. These strikes are usually intended to create political pressure on the ruling government, rather than on any one employer. It may also be an extension of the sympathetic strike to express generalized protest by the workers. Wild cat strikes: These strikes are conducted by workers or employees without the authority and consent of unions. In 2004, a significant number of advocated went on

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National Textile Workers Union Vs. Shree Meenakshi Mills (1951) II L.L.J. 516). Labour Demands, P. 202

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wildcat strike at the City Civil Court premises in Bangalore. They were protesting against some remarks allegedly made against them by an Assistant Commissioner. Sympathetic strike: Cessation of work in the support of the demands of workmen belonging to other employer is called a sympathetic strike. The management can take disciplinary action for the absence of workmen. However, in Remalingam V. Indian Metallurgical Corporation, Madras8, it was held that such cessation of work will not amount to a strike since there is no intention to use the strike against the management. Hunger strike: Some workers may resort to fast on or near the place of work or residence of the employers. If it is peaceful and does not result in cessation of work, it will not constitute a strike. But if due to such an fact, even those present for work, could not be given work, it will amount to strike.9 Lightning or wildcat strike: A wildcat strike is an unofficial strike i.e. a strike not sanctioned by the union. Such strikes occasionally occur in violation of the no-strike pledge in collective bargaining agreements. In such a situation union is obliged to use its best efforts to end the strike. Such strikes are prohibited in public utility services.10 Further, the standing order of a company generally required for notice. Work-to-rule: Since there is a no cessation of work, it does not constitute a strike.

Lockout
Lockout is a work stoppage in which an employer prevents employees from working. Lockout means the temporary closing of a place of employment or the suspension of work, or the refusal by employers to continue to employ any number of persons employed by him.11 Lockout, thus, is the counterpart of strike the corresponding weapons the hands of employer to resist the collective demands of workmen or to enforce his terms. It has been held by the courts that the suspension of work as a disciplinary measure does not amount to lockout. Similarly, temporary suspension of work called lay-off is not lock-out. A lockout may happen for several reasons. When only part of a trade union votes to strike, the purpose of a lockout is to put pressure on a union by reducing the number of members who are able to work. For example, if a group of the workers strike so that the work of the rest of the workers becomes impossible or less productive, the employer may declare a lockout until the workers end the strike. Another case in which an employer may impose a lockout is to avoid slowdowns or intermittent work-stoppages. Occupation of factories has been the traditional method of response to lock-outs by the workers' movement.

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1964-I L.L.J.81 Pepariach Sugar Mills Ltd. V. Pepariach Sugar Mills Mazdoor Union AIR 1957 SC 95 10 Industrial Disputes Act, 1947; Section 22 11 Industrial Disputes Act, 1947; Section 2(1)

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Gherao
Gherao ( ) means encirclement of the managers to criminally intimidate him to accept the demands of the workers. It denotes a collective action initiated by a group of workers under which members of the management are prohibited from leaving the industrial establishment premises by workers who block the exit gates by forming human barricades. The workers may gherao the members of the management by blocking their exits and forcing them to stay inside their cabins. The main object of gherao is to inflict physical and mental torture to the person being gheraoed and hence this weapon disturbs the industrial peace to a great extent. It amounts to criminal conspiracy under Section 120-A of the I.P.C. and is not saved by Sec. 17 of the Trade Unions Act on the grounds of its being a concerted activity.

Work to Rule
Work-to-rule is an industrial action in which employees do no more than the minimum required by the rules of their contract, and follow safety or other regulations to the letter in order to cause a slowdown rather than to serve their purpose. This is considered less disruptive than a strike or lockout; and just obeying the rules is less susceptible to disciplinary action. Notable examples have included nurses refusing to answer telephones and police officers refusing to issue citations. Refusal to work overtime, travel on duty or sign up to other tasks requiring employee assent are other manifestations of using work-to-rule as industrial action. Sometimes the term "rule-book slowdown" is used in a slightly different sense than "work-torule": the former involves applying to the letter rules that are normally set aside or interpreted less literally to increase efficiency; the latter, refraining from activities which are customary but not required by rule or job description but the terms may be used synonymously. Sometimes work-to-rule can be considered by employers as malicious compliance as they pursue legal action against workers. In some languages (e.g. Polish, Russian, Finnish and Hebrew) it is known as "Italian strike", as it is believed that it was first utilized in Italy in 1904. In Italy, it is known as "sciopero bianco" or "white strike".

GO-Slow
Slowdown (usually called a 'go-slow' in British English) is an industrial action in which employees perform their duties but seek to reduce productivity or efficiency in their performance of these duties. A slowdown may be used as either a prelude or an alternative to a strike, as it is seen as less disruptive as well as less risky and costly for workers and their union. Striking workers usually go unpaid and risk being replaced, so a slowdown is seen as a way to put pressure on management while avoiding these outcomes. Other times slowdowns are accompanied by intentional sabotage on the part of workers to provide further disruption.
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Nonetheless, workers participating in a slowdown are often punished, sometimes by firing and other times by law. At Ford's plant in Dagenham, UK, during the 1970s, workers introduced a slowdown after Ford management increased the production line speed from 18 to 21 feet per minute. This was a second speed increase and workers felt that this was unfair. After a slowdown by production line staff, Ford management reduced the line speed back to 18 feet per minute.12 In July 2011, Qantas engineers introduced an unusual slowdown where right-handed engineers used only their left hands to operate essential tools.13

Regulation of strikes and lock-outs

Employees do not have an unfettered right to go on strike nor do employers have such right to impost lockout. The Industrial Disputes Act lays down several restrictions on the rights of both the parties. A strike or lockout commenced or continued in contravention of those restrictions is termed illegal and there is serve punishment provided for the same. Illegal strikes and lockout are of two types: Those which are illegal form the time of their commencement; and Those which are not illegal at the time of commencement but become illegal subsequently. Section 22 and 23 of the IDA provide for certain restriction which if not followed make strikes and lockouts illegal from their very commencement. According to this section, no person employed shall go on strike in breach of contract Without giving notice of strike to the employer, as here matter provided, within 6 week before striking; or Within fourteen days of giving such notice; or Before the expiry of the date of strike specified in any such notice as aforesaid; or During the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings.

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BBC Documentary "Ford's Dagenham Dream", broadcast Sun 6 Jun 2010 23:00 BBC Four The Age - "Qantas engineers pledge whacky, wrong-handed strike action", Gabrielle Costa, July 13, 2011

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Consequences of illegal strikes and lock-outs.

1. Penalty for illegal strikes14: Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal, shall be punishable with imprisonment for a term which may extend to 1 month, or with fine which may extend to Rs. 50, or with both. 2. Penalty for illegal lock-out15: Any employer, who commences, continues or otherwise acts in furtherance of a lock-out which is illegal, shall be punishable with imprisonment for a term which may extend to 1 month, or with fine which may extend to Rs. 1,000 or with both. 3. Penalty for instigation, etc16.: Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal, shall be punishable with imprisonment for a term which may extend to 6 months, or with fine which may extend to Rs. 1,000 or with both. 4. Penalty for giving financial aid for illegal strikes and lock-outs17: Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punishable with an imprisonment for a term which may extend to 6 months, or with fine which may extend to Rs. 1,000 or with both.

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Industrial Dispute Act, Sec.26(1) Industrial Dispute Act, Sec.26(2) 16 Industrial Dispute Act, Sec. 27 17 Industrial Dispute Act, Sec. 28

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Machinery for Prevention and Settlement of Industrial Relations

The machinery for prevention and settlement of the disputes has been given in the following figure: Machinery for Prevention and Settlement of Industrial Relations

Voluntary Methods

Government Machinery

Statutory Measures

Code of Discipline

Tripartite Machinery

Workers Participation

Collective Bargaining

I.D. Act, 1947

State Acts

Labour Administration (States & Central Levels) Works Committee Voluntary Arbitration Court of Enquiry Adjudication

Conciliation

Conciliation Officers

Conciliation Board

Labour Court

Industrial Tribunal

National Tribunal

Voluntary Methods Code of discipline

Formally announced in 1958, the Code of Discipline provides guidelines for the workers, unions and employers. The code which was approved by major national trade unions and principal organisation of employers enjoyed on them to create an environment of mutual trust and cooperation and to settle the disputes by mutual negotiation, conciliation and voluntary arbitration. It required the employers and workers to utilize the existing machinery for the settlement of disputes. A few important provisions of code of discipline are: Strikes and lockout cannot be declared without proper notice. The parties should not take any action without consulting each other.

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There should be no go slow statistics or any resort to deliberate damage to plant or property or resort to acts of violence, intimidation, coercion etc.

The code has moral sanction only and it does not entail any legal liability or punishment.

Tripartite machinery
Tripartite machinery consists of various bodies like Indian Labour Conference, the Standing Labour Committee, the International Committees, the Central Implementation and Evaluation Committee and the Committee on conventions. Generally, these committees include representatives from centre and the states, and the same number of workers and employers organisations. These various committees are basically of advisory nature, yet they carry considerable weight among the government, workers and employers.

Workers participation in management

Workers participation in management is an essential ingredient of industrial democracy. The concept of workers participation in management is based on Human Relations approach to management which brought about new set of values to labour and management. According to one view, workers participation is based on the fundamental concept that the ordinary workers invest his labour in, and ties his fate to, his place of work and, therefore, he has a legitimate right to have a share in influencing the various aspects of company policy. According to G.S. Walpole, participation in management gives the workers a sense of importance, pride and accomplishment; it gives him the freedom and the opportunity for selfexpression; a feeling of belonging to his place of work and a sense of workmanship and creativity. It provides for the integration of his interests with those of the management and makes him joint partners in the enterprise. The forms of workers participation in management vary from industry to industry and country to country depending upon the political system, pattern of management relations and subject or area of participation. The forms of workers participation may be as follows: 1. Joint Consultation Modes 2. Joint Decision Model 3. Self Management, or Auto Management Scheme 4. Workers Representation on Board It should be borne in mind that when individuals are provided with opportunities for expression and share in decision-making, they show much initiative and accept responsibility substantially. The rationale of workers participation in management lies in that it helps in
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creating amongst the workers a sense of involvement in their organisatoin, a better understanding of their role in the smooth functioning of industry and provides them a means of self-realization, thereby, promoting efficiency and increased productivity.

Collective bargaining
Collective bargaining is a source of solving the problems of employees in the work situation collectively. It provides a good climate for discussing the problems of workers with their employers. The employees put their demands before the employers and the employers also gives certain concession to them. Thus it ensures that the management cannot take unilateral decisions concerning the work ignoring the workers. It also helps the works to achieve reasonable wages, working conditions, working hours, fringe benefits etc. It provides them a collective strength to bargain with the employer. It also provides the employer some control over the employees. The process of collective bargaining is bipartite in nature i.e., the negotiations are between the employers without a thirds partys intervention. Thus collective bargaining serves to bridge the emotional and physiological between the workers and employers through direct discussions.

Government Machinery
The Ministry of Labour and Employment at the centre is the key agency for the policy formulation and administration in all the matters pertaining to labour. The State governments with the cooperation of their labour departments are responsible for the enforcement thereof. The Directorate General of Employment and Training (DGET), Office of Chief Labour Commissioner (CLC) (Central), the Director General of Mines Safety (DGMS), the Director General of Factory Advice and Labour Institutes, and Industrial Tribunals are some of the agencies through which the Central Government discharges its functions related to framing of labour laws and settlement of industrial disputes. The Labour Secretary is the overall in charge of policy formulation and administration, and commissioners of labour in the States are the operative arms for the effective implementation of Labour Laws.

Statutory Measures Industrial Disputes Act, 1947

The States are free to frame their own labour laws as the labour falls in the concurrent list, Some States like Maharashtra, M.P., U.P. and Rajasthan have their own Acts. In the rest of the states, Industrial Disputes Act, 1947 applies. However, in the States having their own Acts, the IDA, 1947 will be applicable to the industries not covered by the State Legislation. Formally announced in 1947, the Industrial Disputes Act, has been amended several times since then. Under the Act the following authorities have been proposed for the investigation and settlement of industrial disputes.

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Works committees
The IDA, 1947 provides for setting up works committees in every organisation having 100 or more employees. Having representatives of employees and employees, these are consultative bodies and are set up for maintaining harmonious relations at the work place and sort out the difference if any. Though the act does not define the jurisdiction of these committees, yet their functions mainly include providing proper working conditions and amenities for the welfare of employees at the work place or away from the work. A work committee aims at promoting measures for securing the preserving amity and good relations between employees and workers.

Conciliation
When the services of a neural party are availed for the amicable solution of a dispute between the disputing parties, this practice is known as conciliation. The IDA, 1947 provides for conciliation and it can be utilized either by appointing Conciliation Officer or by setting up Board or Conciliation. The Conciliation Officers are appointed by the Government by notifying in the Official Gazettee. Usually at the State level, Commissioners of Labour, Additional and Deputy Commissioners of Labour act as Conciliation Officer for disputes arising in any undertaking employing less than twenty workers. In the conciliation process the officer ties to bring the disputing parties together towards a settlement of the dispute and hence works as a mediator. The intervention of conciliation officer may e mandatory or discretionary. But in the disputes related to public utilities in respect of which proper notice is served to him, his intervention becomes mandatory. The Board of Conciliation is a higher forum and is constituted for a specific dispute. It consists of equal number of representatives of employers and employees under the chairmanship of an independent person, appointed by the government. The Board has to submit its report to the government regarding the dispute within two months from the date dispute was referred to it. However, depending on the case, the period can be extended.

Voluntary arbitration
Industrial Disputes (Amendment) Bill, 1956 incorporated Section 10A favouring voluntary arbitration. In case of existed or apprehended dispute, the disputing parties can enter into an arbitration agreement in writing. The success of voluntary arbitration depends on a sufficient degree of mutual confidence in decision by agreement on subjects which may be submitted for arbitration.

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Court of enquiry
The Industrial Disputes Act, 1947 empowers the appropriate government to constitute a Court of Enquiry. This body basically is a fact-finding agency, constituted just to reveal the causes of the disputes and does not care much for the settlement thereof. The Court of Enquiry is required to submit its report to the government ordinarily within six months from the commencement of enquiry. The report of the court shall be published by the government within 30 days of its receipt.

Adjudication
If the dispute is not settled by any other method, the government may refer it for adjudication. Hence it is a compulsory method which provides for three-tier system for adjudication of industrial disputes. This machinery consists of Labour Court, Industrial Tribunals and National Tribunal. The first two bodies can be set up either by State or Central Government but the National Tribunal can be constituted by Central Government only, when it thinks that the solution of dispute is of national significance. A Labour Court consists of one person only, called Presiding Officer, who is or has been a judge of a High Court. The jurisdiction of Industrial Tribunal is comparatively wider than Labour Courts, and further the Presiding Officer of Tribunal can have two assessors may be appointed by the Central Government to help its Presiding Officer. Labour Courts and Tribunals are now required to submit award to the appropriate government within three months in case of individual disputes the submitted award shall be published by government within 30 days from the date of its receipt. It shall come into force on the expiry of 30 days from the date if its publication and shall be operative for a period of one year, unless declared otherwise by the appropriate government.

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Bibliography Books Referred:

K.D. Srivastava , Commentary of Industrial Employment (S.C.) Act., 1946 R.B. Sethi & R.N. Dwivedi, Law of Trade Union. Dr. V.G. Goswami, Labour & Industrial Laws S.N. Mishra, Labour and Industrial Laws

Websites Referred:
http://www.managementparadise.com http://en.wikipedia.org http://www.timesofindia.indiatimes.com http://www.libcom.org http://www.ilo.org http://www.industrialrelations.naukrihub.com http://www.labourbureau.nic.in

Magazines, Journals & Newspapers Referred:

All India reporter Supreme Court Cases NALSAR Law Review The times of India Legal Era

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