Voluntary Arbitration as a Method of Industrial Dispute Resolution - a Critical Analysis
Voluntary Arbitration as a method of Industrial Dispute Resolution - A Critical Analysis
CONTENTS
❑ Introduction ❑ Provision Of Section – 10-A of I.D. Act, 1947 ❑ Reference To An Arbitrator ❑ Arbitrator: Whether a Tribunal ❑ Civil Suit Barred ❑ Arbitral Award And Its Finality ❑ Role Of Umpire ❑ Publication Of The Arbitration Agreement ❑ Jurisdiction Of Arbitrator ❑ Employers And Workmen Who Are Not Parties ❑ Prohibition To Continuance Of Strikes And Lockouts ❑ Exclusion Of The Arbitration Act,1996 ❑ Criticism of Voluntary Arbitration ❑ Conclusion ❑ Bibliography
INTRODUCTION
Labour-management relations are the most important relation in any establishment. Both the parties, i.e. labour and management constantly strive to maximize their preferred values by applying resources to institutions. The objectives of labour and management are not amenable to easy reconciliation. Labour and management are interested in augmenting their respective income and improving their power position. Since, however, the resources are limited, interest of one party conflicts with the other. Further, the means adopted to achieve the objective, which varies from simple negotiation to economic warfare adversely, affects the community’s interests in maintaining an uninterrupted and high level of production. Nevertheless, they have to strive to reach a position where both the parties are satisfied, (its not necessary that the parties are always satisfied, sometimes one of the parties have to sacrifice) and that can also be done by one of the process i.e. voluntary arbitration, which the subject of my paper.
Hence, to protect the interest of the community and also that of labour and management legislature has found it necessary to intervene in labour- management relations, resulting in the creation the Industrial Disputes Act, 1947, which provides for the constitution of various authorities to
CONTENTS
❑ Introduction ❑ Provision Of Section – 10-A of I.D. Act, 1947 ❑ Reference To An Arbitrator ❑ Arbitrator: Whether a Tribunal ❑ Civil Suit Barred ❑ Arbitral Award And Its Finality ❑ Role Of Umpire ❑ Publication Of The Arbitration Agreement ❑ Jurisdiction Of Arbitrator ❑ Employers And Workmen Who Are Not Parties ❑ Prohibition To Continuance Of Strikes And Lockouts ❑ Exclusion Of The Arbitration Act,1996 ❑ Criticism of Voluntary Arbitration ❑ Conclusion ❑ Bibliography
INTRODUCTION
Labour-management relations are the most important relation in any establishment. Both the parties, i.e. labour and management constantly strive to maximize their preferred values by applying resources to institutions. The objectives of labour and management are not amenable to easy reconciliation. Labour and management are interested in augmenting their respective income and improving their power position. Since, however, the resources are limited, interest of one party conflicts with the other. Further, the means adopted to achieve the objective, which varies from simple negotiation to economic warfare adversely, affects the community’s interests in maintaining an uninterrupted and high level of production. Nevertheless, they have to strive to reach a position where both the parties are satisfied, (its not necessary that the parties are always satisfied, sometimes one of the parties have to sacrifice) and that can also be done by one of the process i.e. voluntary arbitration, which the subject of my paper.
Hence, to protect the interest of the community and also that of labour and management legislature has found it necessary to intervene in labour- management relations, resulting in the creation the Industrial Disputes Act, 1947, which provides for the constitution of various authorities to
References: ❑ Shrivastava,S.C., Industrial Relations & Labour Laws, Vikas Publishing House Pvt. Ltd, New Delhi, 2003. ❑ Sinha, G.P., Industrial Relations And Labour Legislations, 1980, Oxford Pub. Co. Ltd., New Delhi. [14] (1989) 2 LLJ 550 (SC) [15] RK Kindra v