MACHINERIES FOR SETTLEMENT OF INDUSTRIAL DISPUTES
Journal Title: Bharati Law Review - Year 2018, Vol 0, Issue 0
Abstract
The Industrial Disputes Act, 1947, which was enacted on the eve of Indian Independence, provides for various machineries for the settling of industrial disputes. The order of these mechanisms is adopted innately in the Act. There was a mushrooming of industries in the first five-year plan and thereafter. With the growth of industries in all sectors and in all dimensions, a natural by product was industrial disputes. It was sensed by the forefathers of our nation that, an industrial dispute would certainly take a toll on the national exchequer bringing down the per capita income of every citizen of India as well as throttling the economic growth of the country. Care has a consequence had to be taken to ensure that the industrial disputes do not escalate to gigantic proportions, and also to ensure that the disputes are nipped in the bud. The machineries prevent the unwarranted increase of industrial disputes, and if at all they took place, give a framework where they could be agreeably illuminated, were accordingly created which were made accessible inalienably in the Industrial Disputes Act, 1947. The machineries for settlement are also called as adjudicating machineries whereby any dispute which either exists or is apprehended, is submitted to one of these machineries so that a peaceful settlement is arrived at between the parties litigating or the adversaries. The nation could ill afford any dispute unless and until some national interest was traded off, which would also lead to industrial unrest, wastage of man-hours and ultimately lead to a decline in the industrial production. In order to save this untoward happening, the machineries for settlement of industrial disputes were made available under the Industrial Disputes Act, 1947 so that all disputes could be amicably settled, and those which were not settled could aptly be adjudicated in the labour or industrial courts, or at times even before the national tribunal, and the interests of both the parties, that is the managements as well as the unions or singular workmen on the one hand, are not jeopardised. This paper attempts to state and logically analyse the existing framework of machineries available for the settlement of industrial disputes under the Industrial Disputes Act, 1947 are e.g., Works Committee, conciliation officer, Board of Conciliation, Labour Court, Industrial Tribunal, Court of Enquiry and National Tribunal.
Authors and Affiliations
Adv. Shrikant Malegaonkar
Keywords
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