Question

How can industrial disputes be settled?

Answer 1

1. Conciliation: Conciliation is the process by which representatives of workers and employers are brought together before a third party with a view to persuading them to arrive at an agreement through mutual discussion between them. It involves the friendly intervention of a neutral person or group of people to help the parties settle their dispute peacefully. According to the ILO, conciliation is "the practice by which the services of a neutral third party are used in a dispute as a means of helping the disputing parties to reduce the extent of their differences and to arrive at an amicable settlement or agreed solution. It is a process of rational and orderly discussion of differences between the parties to a dispute under the guidance of a conciliator." Conciliation is, in a way, the extension of collective bargaining with third-party assistance. The Industrial Disputes Act of 1947 provides for the appointment of the Conciliation Officer and Board of Conciliation.
2. Arbitration: Arbitration is a process in which a neutral third party listens to the disputing parties, gathers information and then makes a decision that is binding on both parties. In comparison with conciliation, which involves compromise, arbitration is a quasi-judicial process. The conciliator simply assists the. parties to come to a settlement, whereas an arbitrator listens to both parties and then gives his judgement. Arbitration can be voluntary or compulsory. Voluntary arbitration means that the disputing parties themselves refer the dispute on their own to an arbitrator.
3. Adjudication: Adjudication is the ultimate legal remedy for the settlement of industrial disputes. Adjudication means the intervention of a legal authority appointed by the government to make a settlement that is binding on the parties. The Industrial Disputes Act of 1947 provides for the Courts of Enquiry, Labour Courts, Industrial Tribunal and National Tribunal for this purpose.