Law & Life

Arbitration  is a crucial method of  Alternative Dispute Resolution (ADR)  where parties voluntarily agree to submit their disputes to one or more neutral persons ( Arbitrators  or  Arbitral Tribunal ), whose decision (the  Arbitral Award ) is legally  binding  and enforceable like a court decree. In India, arbitration is governed by the  Arbitration and Conciliation Act, 1996  (the Act), which is modeled on the UNCITRAL (UN Commission on International Trade Law) Model Law. 1. Statutory Definition and Core Characteristics A. Definition (Section 2(1)(a)) The Act defines arbitration broadly, emphasizing its consensual and adjudicatory nature: it is a process where parties refer their disputes to an impartial tribunal for a  binding decision . B. Essential Elements Arbitration Agreement (Section 7):  Arbitration is fundamentally  consensual . It cannot take place without a prior agreement in writing between the parties to sub...

The term  Workman  is the gateway to protection under the Industrial Disputes Act, 1947 (ID Act). Only an individual who satisfies this definition is entitled to the Act's significant safeguards regarding layoff, retrenchment, disciplinary action, and dispute resolution through Labour Courts and Tribunals. The legal definition is found in  Section 2(s) of the ID Act  and has been subject to continuous judicial interpretation to determine the true nature of employment. 1. Statutory Definition (Section 2(s)) The definition of "Workman" includes any person (including an apprentice) who is: Employed in any industry. To do any: Manual Unskilled Skilled Technical Operational Clerical Supervisory work. For hire or reward. Extended Definition (Legal Fiction) The definition also includes any person who has been  dismissed, discharged, or retrenched  in connection with or as a consequence of an industrial dispute. This ensures that a worker wrongfully terminated can ...

🤝 Collective Bargaining: The Cornerstone of Industrial Democracy I. Introduction: The Concept and Rationale Collective Bargaining  is the process of negotiation between an  employer  (or an association of employers) and the  representatives of the workmen  (usually a registered Trade Union) aimed at establishing a written agreement that regulates the terms and conditions of employment. It is an indispensable mechanism for institutionalizing conflict and promoting industrial peace. A. Core Definition The term "Collective Bargaining" is a confluence of two ideas: Collective:  Denotes group action, emphasizing the unified strength of workers through their union representatives. Bargaining:  Implies negotiation, discussion, and mutual give-and-take. The  International Labour Organization (ILO)  defines it as:  "Negotiation which takes place between an employer... and one or more workers' organizations, for determining working conditions and...

Unfair Labour Practices (ULPs)  refer to any action or omission by an employer, an employer's trade union, a workman, or a workman's trade union that violates the principles of good faith, fairness, and industrial harmony, as prohibited by law. In India, the definition and classification of ULPs were introduced by the Industrial Disputes (Amendment) Act, 1982, and are defined in  Section 2(ra)  read with the  Fifth Schedule  of the  Industrial Disputes Act, 1947 (ID Act) . 1. Statutory Definition and Legal Prohibition A. Definition Section 2(ra)  defines "Unfair Labour Practice" as: "Any of the practices specified in the  Fifth Schedule ." The law makes no attempt at a general definition but lists specific, prohibited actions under the Fifth Schedule. The list is comprehensive and is categorized into practices committed by employers and those committed by workmen/unions. B. Legal Prohibition (Section 25-T) Section 25-T  strictly prohibits any...