Industrial dispute Act 1947

Section 2(k) of the Act defines an 'industrial dispute' as '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 the terms of employment or conditions of labour, of any person

Conciliation officer
Conciliation is handled by full-time government conciliation officers who hold proceedings in virtually all cases where they receive a request either from a union or an employer. Labour officers act as conciliation officers for disputes arising in undertakings less than 20 workmen for more than 20 commissioner of labour Additional commissioners and the deputy commissioners of labours

 He may enter establishments involved in disputes and may call for any relevant documents and the Act directs him to investigate"all matters affecting the merits of right settlement" of disputes and "do all such things as he thinks fit for the purpose of inducing the parties to come to a Fair and amicable settlement."

 On conclusion of the conciliation proceedings, the Conciliation Officer is required to submit a report to the Government indicating whether or not a settlement has been reached. If the settlement has reached he shall send a memorandum of the settlement signed by the parties to the dispute. When it has not been possible to reach a settlement, Conciliation Officers are required to indicate in the report, commonly referred to as the 'failure report',

 steps taken by them for bringing about a settlement and the reasons on account of which, in their view, a settlement could not be reached. Section 12(5) provides that on consideration of the report, if the Government is satisfied that there is a case for reference to a Board, Labour Court or Tribunal, as the case may be, it may make a reference

Board of conciliation
It is tripartite and ad hoc body. It consist of a chairman independent person and two or four other members nominated in equal numbers by the parties to the dispute .Take all steps necessary for the purpose of inducing the parties to come to a fair and amicable settlement. Submit its report in two months

Court of enquiry
Meant for voluntary settlement of dispute Consist of one or more members which is decided by the appropriate government .It has to submit its report in writing within 6 months. The proceedings are judicious in nature. The report is published in the official gazette.

Voluntary Arbitration
Referred jointly by the Mutual agreement representing the majority of their respective sides .solved by an independent person chosen by the parties involved mutually and voluntarily.

Adjudication
The appropiate government refers industrial dispute to the adjudicatory bodies namely labour courts , industrial tribunal and national tribunal. It is compulsory and is the ultimate remedy for resolving industrial dispute provided by the ID Act, 1947. the awards are quasi judicial in nature .

Labour court
Consist of one person only, who is normally a sitting or an ex judge of a high court. Refered for matter in the second schedule which include: The propriety or legality of an order passes by an employer under the standing order The application and interpretation of standing orders.

 Discharge and dismissal of workmen and grant of relief to them Withdrawal of any statutory concession of privilege. Illegality or otherwise of any strike or lock out. All matter not specified in the third schedule of industrial dispute Act, 1947.

 The first provision to section 10(1) additionally empowers the Government to refer a dispute relating to any matter in the third schedule to the Labour Court, when it is not likely to affect more than 100 workmen.

Industrial tribunal
One presiding officer. Includes both the second and the third schedule. Can have two assessors.The industrial tribunal may be referred the following issues: Wages including the period and mode of payment Compensatory and other allowances Hours of work and rest intervals

 Leave with wages and holidays Bonus, profit sharing, provident fund and gratuity Shift working rules of discipline Retrenchment ANY OTHER MATTER THAT MAY BE PRESCRIBED

National Tribunal
In the case that a dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one state are likely to be affected, sub-section (IA) of section 10 empowers the central Government to refer the dispute to a National Tribunal for adjudication. The Central govt may appoint two assessors.

circumstances in which the Government does not have any discretion in respect of making a reference but is obliged to make one
The Government is required to make a reference when both the majority of the workmen concerned and the concerned employer apply for the reference of the dispute.

 The second provision to section 10(1) makes it mandatory for the Government to make a reference when a dispute relates to a public utility service and a notice of strike or lock-out as required under section 22 has been given,