Student at Xavier Law School, XIM University, India
A world devoid of disputes is unimaginable. In every sector of the economy and every aspect of society, one will find disputes galore. The industrial sector is no different. With the growth of industrialization and modernization, emerged labour disputes. In today’s time, the settlement of disputes through the traditional judicial system is an arduous, expensive, and drawn-out process. Thus, the present scenario calls for an alternative method of resolving labour disputes that is advantageous to both the parties involved and is bereft of the drawbacks of the court system. This is where Alternative Dispute Resolution (ADR) comes to the rescue. At the outset, Alternative Dispute Resolution (ADR) has been portrayed as an efficient, speedy, and accessible means of attaining justice for all and the constitutional background of ADR and labour laws in India has been explicated. The reader will learn about the historical progression of labour legislation and ADR techniques in this research paper. The nature, causes, and types of labour disputes have been explained with illustrations. How the different forms of ADR, with a particular focus on Industrial Arbitration and Conciliation, are employed to settle industrial disputes has been elucidated. The salient features of these ADR methods have been enumerated with a view to enlighten the reader with the legal framework of available dispute resolution procedures in labour law. The process of Voluntary Arbitration and Conciliation in light of the Industrial Disputes Act, 1947, has been expounded. The researcher attempts to discern whether ADR is a viable option and a preferable choice to settle industrial disputes in India and abroad.
International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2274 - 2291DOI: https://doij.org/10.10000/IJLMH.114647
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