ARBITRABILITY OF LABOUR DISPUTES IN THE INDIAN CONTEXT

Abstract

Industrial Arbitration or Labour Arbitration refers to a process wherein there is a conflict between the management and the workers or a labour union under a collective-bargaining agreement and after all other attempts to resolve the issue have failed, the dispute is referred to an honest and objective third party for its resolution. Industrial Arbitration consists of two key arbitration elements, i.e., arbitration of rights and arbitration of interests. Arbitration of rights refers to the resolution of a dispute between labour and management over the application of an existing labour agreement whereas arbitration of interests denotes a dispute between labour and management during the course of negotiating a new labour contract. Industrial Arbitration is a private mechanism discharging a public policy like national labour policy.This would ultimately contribute to the arbitration process’s success. Disputes related to discharge, dismissal, layoffs, victimization and retrenchment of workers which could not be easily settled by mutual negotiation is capable of  being resolved by the arbitration mechanism.