Article Review: Settlement Of Industrial Dispute By Ahmedullah Khan

Pooja Kumari, LLM, CNLU

ABSTRACT

Settling disputes is one of the most important functions of the labour laws in India. Recently certain changes were adapted in Indian labour law to solve the existing problems. This is an article review the work done by Ahmedullah Khan in his article “Settlemnent of Industrial disputes” This whole article talks about the problem of industrial dispute which has gained momentum recently in the national arena because it is directly related to the national economy. The definition of “Industrial dispute” has been given under section 2(k) of the Industrial Dispute Act, 1947, as “Any dispute or difference between employers and employers, or between employers and workmen, or between workmen and work- men, which is connected with the employment or non-employment or the terms of employment or with the conditions of labor, of any person.”

As per the statistics, which are mentioned in the Article shows that industrial machinery in our country has not been adapting the changing circumstances which demands quick resolution of disputes. Then discussion further leads to anatomy of industrial machinery which basically deals with the industrial relations machinery in the centre and, with some changes in the states. There are three methods to resolve the industrial dispute: conciliation, voluntary arbitration, and adjudication. Due to existence pre-existence, collective bargaining in some state is partly successful. The central industrial relations machinery for the settlement of industrial dispute is provided under the Industrial Disputes Act, 1947.

Moreover, this article also discussed the problems which are generally attached to the conciliation and it discusses about what should be the approach which is adopted by the conciliator so that the party can trust on him and rely on his merit. Further, it has also discussed about the what are the hurdles which comes before the successful conciliation.

After the amendments of Industrial Disputes Act, 1947, section 10-A was inserted to provide for voluntary reference of disputes to arbitration. Section 10-A provides that if the parties have given their consent and agree to terms of the agreement which is reduced in writing in the prescribed manner then parties have to adhere to those terms of the agreement. Adding to these, the article has identified the factors which have contributed to the slow progress of voluntary arbitration.

Collective bargaining is the process of determining the terms and conditions of employment and settling disputes arising from those terms by negotiation between the employer and employees. The conciliation machinery can be used to improve collective bargaining.