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Procedure in India

Till the enactment of he industrial employment (standing orders) Act, 1946, the settlement of day-to-day grievances of workers, in India, did not receive much attention in the legislative framework, Clause 15 of the Model standing orders int the schedule of he industrial employment (standing orders) 1946 specified that:

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Causes of Grievances

Grievances generally arise form the day-do-day working relations in the undertaking, usually a worker or trade union protest against an act or omission or management that is considered to violate worker's rights.

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Meaning of grievances

The term “grievance” is used to designate claims by workers of a trade union concerning the workers' individual or collective rights under an applicable collective agreement, individual contract of employment, law, regulation, works rule, custom or usage.

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Object of standing orders

The purpose of having standing orders at the plant level is to regulate industrial relations. These define with sufficient precision the conditions of employment under the employers and hold them liable to make the said conditions known to workmen employed by them.

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Standing orders

The prerequisite for the development and maintenance of healthy relationship between the employers and the wage earners is the existence of satisfactory employment and working conditions.

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Central industrial relations machinery in India

The central industrial relations machinery was set up in 1945, with the chief labour commissioner a the head of the Deptt.

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Commencement and conclusion of proceedings

Proceedings before a labour court, tribunal or national tribunals deemed to have commenced on the date of reference of dispute for adjudication.

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Procedure of the machinery for settlement of disputes

where an industrial dispute has been referred to a labour court, tribunal or national tribunal for adjudication, it shall hold its proceedings expeditiously and shall as soon as it is practicable on the conclusion submit its award to the appropriate government.

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Model principles for reference of disputes to adjudication

The Indian Labour conference (held in madras in July 1959) evolved a set of model principles for reference of disputes to adjudication according to which the central industrial relations machinery is to take these principles into consideration before recommending for adjudication, and the government is required to consider them before referring to adjudication.

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Constitution

A National tribunal shall consist of one person only to be appointed by the central government such a person;

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National tribunals

National tribunals

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Jurisdiction

Industrial tribunals have a wider jurisdiction than a labour court. It has court. It has jurisdiction over any matter specified int the second schedule to third schedule.

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Constitution

A tribunal shall consist of one or more persons. Such a person (a) is or has been judge of a high court; (b) has been a district judge for a period of not less than 3 years; (c) has held the office of the chairman or any other member of the labour appellate tribunal or any tribunal for a period of not less than 23 years.

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Industrial tribunals

The appropriate government may appoint one or more industrial tribunals for adjudication of industrial disputes relating to any matter whether specified in the second schedule or the third schedule or the third schedule.

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Jurisdiction

The jurisdiction of the labour courts extends to adjudication of following disputes relating to matter specified in the Second schedule (given under):

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Constitution

A labour court shall consist of one person only. Such a person:

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Labour Courts

Labour Courts

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Three-Tier System of Adjudication

The industrial disputes Act, 1947, provides three-tier system of a adjudication:

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Type of adjudication

When the Government gets a report of failure of conciliation it has to decide whether it would be appropriate to refer the dispute to arbitration.

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