Date of Award

18-3-2024

Document Type

Thesis

School

School of Law

First Advisor

Dr. P. Ravisekhararaju

Keywords

Industrial Disputes, Conciliation Machinery, Industrial Relations, Labour Law Reforms, Dispute Resolution

Abstract

In the current global scenario, where a developing country like India is still in the path of progression towards economic objectives the base of which lies in designing the industrialisation strategy and the industrial policy promoting industrial harmony, the need for restructuring the dispute resolution machinery keeping pace with global requirements is the need of the hour. In the wake of the New Economic Policy introduced in 1991, time had come for labour policies to synergistically relate to the industrial policies so that both move in a unified direction rather than the opposite directions.

The transition from the old labour law regime to new labour law regime with the passing of the new Labour Codes inclusive of the Industrial Relations Code, 2020 aims at well-being of our industrious workers and accelerate the pace of the economic growth. This research work is done to understand the issues and challenges in the effective functioning of the Conciliation Machinery in the industrial dispute resolution process. The researcher in this study has shared an imprint of wide range of issues relevant to the study through the review of past literature. This helped the researcher to identify the gaps in the study.

The researcher has critically evaluated the functioning of the Conciliation Machinery as given under the Industrial Disputes Act of 1947 and critically analysed whether the new Industrial Relations Code, 2020 is effective in terms of the challenges posed by the existing regime and suggest measures for the efficacy of the ‘Conciliation Machinery’. The researcher also critically analysed the success model of Conciliation in dispute resolution process of Singapore Tripartism Framework to identify the parameters from that model.

This study was conducted through doctrinal research method. Through the identified parameters from the Singapore model, the researcher also analysed the feasibility of incorporating the same into the Indian industrial context for the success of Conciliation Machinery in India. Incorporating such reforms, the Conciliation machinery’s performance will be positive in bringing about industrial peace and harmony in industrial relations.

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