I.D. Act & IR Code Voluntary Reference to Arbitration : The Road Ahead

I.D. Act & IR Code Voluntary Reference to Arbitration : The Road Ahead
The road ahead for voluntary Arbitration in Labour Laws is uneven and shaky, however, as HR/IR area is getting more specialised with more and more competent people entering into the workplace there is light eventually towards the end of this tunnel.

Introduction :

In the present article we would be discussing the correlation of arbitration with Labour and Industrial laws in India. Similar to the failure of the government to promote arbitration and other methods of alternate dispute resolution, it failed to gain any force in labour laws as well and has not been able to gain the required momentum till date. We have tribunals set up, we have a structured judicial system in place, however, they are overburdened with the considerable number of industrial disputes coming up. Moreover, the primary problem with judicial (courts) and quasi-judicial (tribunals) bodies is that they are bound by rules of procedure. Judicial bodies somewhat more than quasi-judicial. However, there is somewhat a flexibility in alternate methods of dispute resolution leading to speedy and cost-effective resolution of disputes.

Background to Section 10A of Industrial Disputes Act, 1947 :

This leads us to the concept of Voluntary Reference to Arbitration enshrined under Section 10A of the Industrial...

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Dr. Deepak Sharma and Neil Moondra and Aditya Choubey

is Associate Professor HR, Narsee Monjee Institute of Management Studies, Bengaluru Campus, Neil Moondra, School of Law, Narsee Monjee Institute of Management Studies, Bengaluru Campus, Aditya Choubey, School of Law, Narsee Monjee Institute of Management Studies, Bengaluru Campus.

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Dr. Deepak Sharma and Neil Moondra and Aditya Choubey

is Associate Professor HR, Narsee Monjee Institute of Management Studies, Bengaluru Campus, Neil Moondra, School of Law, Narsee Monjee Institute of Management Studies, Bengaluru Campus, Aditya Choubey, School of Law, Narsee Monjee Institute of Management Studies, Bengaluru Campus.

November 2024

Tech & Human Equation

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