Dear All ,
Greetings of the day .
I would like to know details about Conciliation Procedure , Arbitration and Adjudication method how it will be flow if any issue will arise under ID Act ?
I know when any dispute has been arises in industry , First we try to solve this with the help Preventative Method ( Such as Trade Union, Joint Committee , Rule & regulation ) , and if we fail here to resolve the issue it will moved to Conciliation officer who try to solve by his own way , if C.O fail then under sec-10 of ID Act it is moved to Adjudication ( Labour Court , Industrial Tribunal, National Tribunal ) . Now i just want to know when actually Arbitration method take place in ID act-1947 to resolve the any industrial Issue ?
2. My Second question is that in any Mining industry ( which come under Central Sphere) Trade Union is mandatory to have it ?
Pls clarify the same .
Madhu Sir :- Pls put your special comment here .
regards
From India, Calcutta
2Greetings of the day .
I would like to know details about Conciliation Procedure , Arbitration and Adjudication method how it will be flow if any issue will arise under ID Act ?
I know when any dispute has been arises in industry , First we try to solve this with the help Preventative Method ( Such as Trade Union, Joint Committee , Rule & regulation ) , and if we fail here to resolve the issue it will moved to Conciliation officer who try to solve by his own way , if C.O fail then under sec-10 of ID Act it is moved to Adjudication ( Labour Court , Industrial Tribunal, National Tribunal ) . Now i just want to know when actually Arbitration method take place in ID act-1947 to resolve the any industrial Issue ?
2. My Second question is that in any Mining industry ( which come under Central Sphere) Trade Union is mandatory to have it ?
Pls clarify the same .
Madhu Sir :- Pls put your special comment here .
regards
From India, Calcutta
Dear Avdhesh,
(1)In simple words " arbitration " can be defined as a formal process of settling a dispute or disagreement by somebody who is not involved or connected with the issues to be settled. The Industrial Disputes Act,1947 recognizes this as one of the formal methods of dispute resolution under the Act and included under Section 10-A by the Amending Act of 1956. Here, the dispute is referred by the Appropriate Govt for resolution through the process of arbitration at the joint-request of the employer and workmen.The legal requirements are - (1) there should be an industrial dispute either existing or apprehended (2) the reference to arbitration should be by a written agreement entered into between the persons representing the majority of each party (3)the reference should be made before a reference u/s 10 of the Act (4) the names of the person or persons chosen to act as arbitrator should be specified in the agreement; the arbitrator or arbitrators may be private persons or even officials including Presiding Officers of Labour Courts or Tribunals as per the choice of the parties.Upon receipt of a reference for arbitration, the appropriate Govt should issue a notification within one month.Those on each side who are not parties to the arbitration agreement should also be given opportunity to present their views before the Arbitrator.Then the Arbitrator or Arbitrators investigate into the dispute and submit their decision or award u/s 10-A of the Act.
(2)Sorry, you question is not clear to me. Irrespective of the industry or its sphere, there is no statutory compulsion for the existence of trade union. But, once established, the management should not try directly or indirectly to curb it in any manner.
From India, Salem
(1)In simple words " arbitration " can be defined as a formal process of settling a dispute or disagreement by somebody who is not involved or connected with the issues to be settled. The Industrial Disputes Act,1947 recognizes this as one of the formal methods of dispute resolution under the Act and included under Section 10-A by the Amending Act of 1956. Here, the dispute is referred by the Appropriate Govt for resolution through the process of arbitration at the joint-request of the employer and workmen.The legal requirements are - (1) there should be an industrial dispute either existing or apprehended (2) the reference to arbitration should be by a written agreement entered into between the persons representing the majority of each party (3)the reference should be made before a reference u/s 10 of the Act (4) the names of the person or persons chosen to act as arbitrator should be specified in the agreement; the arbitrator or arbitrators may be private persons or even officials including Presiding Officers of Labour Courts or Tribunals as per the choice of the parties.Upon receipt of a reference for arbitration, the appropriate Govt should issue a notification within one month.Those on each side who are not parties to the arbitration agreement should also be given opportunity to present their views before the Arbitrator.Then the Arbitrator or Arbitrators investigate into the dispute and submit their decision or award u/s 10-A of the Act.
(2)Sorry, you question is not clear to me. Irrespective of the industry or its sphere, there is no statutory compulsion for the existence of trade union. But, once established, the management should not try directly or indirectly to curb it in any manner.
From India, Salem
It is not necessary that adjudication should be done only after conciliation.The Govt can refer the ID for adjudication when an ID is apprehended.In the case of termination of employment even reference by Govt is not required for adjudication.
Varghese Mathew
From India, Thiruvananthapuram
Varghese Mathew
From India, Thiruvananthapuram
Thanks sir for you reply and now i got understand about arbitration .
Actually during my one interview , Interviewer has asked me about whether in Mining division Trade union existence is mandatory or not ? and i have replied him the same what you written above but they have told me that Trade union is mandatory for mining industry .....
Thanks to all your kind support ...
From India, Calcutta
Actually during my one interview , Interviewer has asked me about whether in Mining division Trade union existence is mandatory or not ? and i have replied him the same what you written above but they have told me that Trade union is mandatory for mining industry .....
Thanks to all your kind support ...
From India, Calcutta
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
KNOW ABOUT ARBITRATION.pdf