Saturday, November 14, 2009

SETTLEMENT MACHINARY IN INDIA



CONCILIATION

“ It is an attempt to reconcile the views of disputants and bring them to an agreement .
Conciliation is generally understood as the friendly intervention of a neutral person in a dispute to help the parties to settle their differences peacefully.”
Conciliation may be described as 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.

Conciliation officer &conciliation board


In India the government may appoint a conciliation officer for a specific area or even for a specific industry, He may be either permanently or for a limited period.(sec.4)

under sec.5 of the INDUSTRIAL DISPUTE ACT 1947,the government may also ,as occasion arises, appoint a board of conciliation, consisting of a chairman and 2-4 other others members, to promote the settlement of disputes.

ARBITRATION

It is a process in which a dispute is submitted to an impartial outsider which makes a decision which is usually binding on both parties
arbitration is to be distinguished from the conciliation not only by the fact that its decision is binding on the both parties but also by its different approach and spirit.
The main objective of arbitration is adjudication and hence, there is no place for the compromise. though the parties are liberty to do so.
ADJUDICATION
The ultimate legal remedy for the settlement of an unresolved industrial dispute is its reference to adjudication by the government .
adjudication involves intervention in the dispute by a third party appointed by the government for the purpose of deciding the nature of final settlement.
Three-tier system of adjudication
The industrial dispute act ,1947 provides for a three tier system of adjudication:
Labour court
Industrial tribunals and
National tribunals

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