- 0.1 What was trade dispute bill 1929?
- 1 Why do trade disputes happen?
- 2 Who is responsible for public safety in India?
- 3 Who brought PSA in Kashmir?
- 4 Does dispute mean refund?
- 5 Can I record police in India?
- 6 What was Bombay Traders Dispute Act 1938?
- 7 What are the famous trade disputes?
What was trade dispute bill 1929?
INTRODUCTION Prior to the year 1947, The Trade Disputes Act, 1929 used to settle industrial disputes. Experience of the working of the Act, 1929 revealed various defects which needed to be overcome by a fresh legislation. The STATEMENT OF OBJECTS AND REASONS appended to the INDUSTRIAL DISPUTES BILL, 1946, which was published in The Gazette of India, 1946, Part V, pp.239-240, reads thus: – “Experience of the working of the Trade Disputes Act, 1929, has revealed that its main defect is that while restraints have been imposed on the rights of strike and lock-out in public utility services no provision has been made to render the proceedings institutable under the Act for the settlement of an industrial dispute, either by reference to a Board of Conciliation or to a Court of Inquiry, conclusive and binding on the parties to the dispute.
- This defect was overcome during the war by empowering under Rule 81A of the Defence of India Rules the Central Government to refer industrial disputes to adjudicator and to enforce their awards.
- Rule 81 A, which was to lapse on the 1st October, 1946, is being kept in force by the Emergency Powers (Continuance) Ordinance, 1946, for a further period of six months; and as industrial unrest in checking which this rule has proved useful, is gaining momentum due to the stress of post industrial re-adjustment, the need of permanent legislation in replacement of this rule is self-evident.
This Bill embodies the essential principles of Rule 81 A, which have proved generally acceptable to both employers and workmen, retaining intact, for the most part, the provisions of the Trade Disputes Act, 1929. The two new institutions for the prevention and settlement of industrial disputes provided for in the Bill are the Works Committees consisting of representatives of employers and workmen, Industrial Tribunal consisting of one or more members possessing qualifications ordinarily required for appointment as Judge of a High Court.
Power has been given to appropriate Government to require Works Committees to be constituted in every industrial establishment employing 100 workmen, or more and their duties will be to remove cause of friction between the employer and workmen in the day-to-day working of the establishment and to promote measures for securing amity and good relations between them.
Industrial peace will be most enduring where it is founded on voluntary settlement, and it is hoped that the Works Committees will render recourse to the remaining machinery provided for in the Bill for the settlements of disputes infrequent. A reference to an Industrial Tribunal will lie where both the parties to an Industrial Dispute apply for such reference, and also where the appropriate Government considers it expedient so to do.
An award of a Tribunal may be enforced either wholly or in part by the appropriate Government for a period not exceeding one year. The power to refer disputes of Industrial Tribunals and enforce their awards is an essential corollary to the obligation that lies on the Government to secure conclusive determination of the disputes with a view to redressing the legitimate grievances of the parties thereto, such obligation arising from the imposition of restraints on the right of strike and lock-out, which must remain inviolate, except where considerations of public interest override such rights.
The Bill also seeks to re-orient the administration of the conciliation machinery provided in the Trade Disputes Act. Conciliation will be compulsory in all disputes in public utility services and optional in the case of other industrial establishment.
With a view to expedite conciliation proceedings time limits have been prescribed for conclusion thereof – 14 days in the case of Conciliation Officers and two months in the case of Board of Conciliation from the date of notice of strike. A settlement arrived at in the course of conciliation proceedings will be binding for such period as may be agreed upon by the parties and where no period has been agreed upon, for a period of one year, and will continue to be binding until revoked by a 3 month’s notice by either party to the dispute.
Another important new feature of the Bill relates to the prohibition of strikes and lock-outs during the pendency of conciliation and adjudication proceedings of settlement reached in the course of conciliation proceedings and of awards of Industrial Tribunals declared binding by the appropriate Government.
- The underlying argument is that where a dispute has been referred to conciliation for adjudication a strike or lock-out, in furtherance thereof, is both unnecessary and inexpedient.
- Where, on the date of reference to conciliation or adjudication a strike or lock-out is already in existence, power is given to the appropriate Government to prohibit its continuance lest the chances of settlement or speedy determination of the dispute should be jeopardized.
The Bill also empowers the appropriate Government to declare, if public interest or emergency so requires, by notification in the Official Gazette, any industry to be a public utility service, for such period, if any, as may be specified in the notification.” A Report of the Select Committee on the Industrial Disputes Bill, 1946 was published in the Gazette of India, Part V, pp.33-35.
- The Legislature discussed, amended and passed the Industrial Disputes Bill, 1947 in the light of the Original Bill and The Reported Bill.
- Though the Industrial Disputes Bill, 1947 received the assent and came on the Statute Book on 11th March, 1947, the Legislature in its wisdom brought the Industrial Disputes Act, 1947 (14 of 1947) into force on 1-4-1947.
This Act was extended to –
Goa, Daman and Diu by section 3 read with the Schedule of The Regulation No.12 of 1962. Pondicherry by section 3 read with the Schedule I of The Regulation No.7 of 1963; and Laccadive, Minicoy and Aminidivi Islands by section 3 read with the Schedule of the Regulation No.8 of 1965.
The Principal Act has been amended thirty-four times. LIST OF ADAPTATION ORDERS AND AMENDING ACTS
The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948. The Industrial Disputes (Banking and Insurance Companies) Act, 1949 (54 of 1949). The Adaptation of Laws Order, 1950. The Repealing and Amending Act, 1950 (35 of 1950). The Industrial Disputes (Appellate Tribunal) Act, 1950 (48 of 1950). The Industrial Disputes (Amendment and Temporary Provisions) Act, 1951 (40 of 1951). The Industries (Development and Regulation) Act, 1951 (65 of 1951). The Industrial Disputes (Amendment) Act, 1952 (18 of 1952). The Industrial Disputes (Amendment) Act, 1953 (43 of 1953). The Industrial Disputes (Amendment) Act, 1954 (48 of 1954). The Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 (36 of 1956). The Industrial Disputes (Amendment) Act, 1956 (41 of 1956). The Industrial Disputes (Amendment) Act, 1957 (18 of 1957). The State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959). The Deposit Insurance Corporation Act, 1961 (47 of 1961). The Agricultural Refinance Corporation Act, 1963 (10 of 1963). The Unit Trust of India Act, 1963 (52 of 1963). The Industrial Development Bank of India Act, 1964 (18 of 1964). The Industrial Disputes (Amendment) Act, 1964 (36 of 1964). The Industrial Disputes (Amendment) Act, 1965 (35 of 1965). The Food Corporations (Amendment) Act, 1968 (57 of 1968). The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). The Central Laws (Extension to Jammu and Kashmir) Act, 1970 (51 of 1970). The Industrial Disputes (Amendment) Act, 1971 (45 of 1971). The Industrial Disputes (Amendment) Act, 1972 (32 of 1972). The Banking Service Commission Act, 1975 (42 of 1975). The Industrial Disputes (Amendment) Act, 1976 (32 of 1976). The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980). The Export-Import Bank of India Act, 1981 (28 of 1981). The National Bank for Agriculture and Rural Development Act, 1981 (61 of 1981). The Industrial Disputes (Amendment) Act, 1982 (46 of 1982). The Industrial Disputes (Amendment) Act, 1984 (49 of 1984). The Industrial Reconstruction Bank of India Act, 1984 (62 of 1984). The National Housing Bank Act, 1987 (53 of 1987). The Small Industries Development Bank of India Act, 1989 (39 of 1989).
It is significant to notice that the Central Government, in exercise of the power conferred by section 1(2) of the Industrial Disputes (Amendment) Act,,1982 (46 of 1982) on it, has not so far appointed any date for bringing the provisions of sections 2, 7 and 22 thereof into force.
What is the public safety bill in India?
Question Description The objective of the Public Safety bill, 1928 was toa)provide security to people.b)eradication of diseases.c)regulate hazardous industries.d)curb the activities of communist. Correct answer is option ‘D’. Can you explain this answer? for UPSC 2023 is part of UPSC preparation.
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- Correct answer is option ‘D’.
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- Correct answer is option ‘D’.
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What is the meaning of trade dispute?
A disagreement between countries about the products they trade with each other, for example, about import taxes or limits on the number of goods that can be imported: a trade dispute with sb All trade disputes with Japan had been settled.
Why do trade disputes happen?
A dispute arises when one country adopts a trade policy measure or takes some action that one or more fellow-WTO members considers to be breaking the WTO agreements, or to be a failure to live up to obligations. A third group of countries can declare that they have an interest in the case and enjoy some rights.
What was the objective of the Public Safety Bill 1928 in the context of Indian history?
Explanation: The Public Safety bill, 1928 was passed to curb the activities of socialists and communists. It was mainly to stop the Communist movement in India by cutting it off from British & foreign communist organizations.
Who is responsible for public safety in India?
Police is responsible for maintaining public order, provide safety and enforcing the law. Right on! Give the BNAT exam to get a 100% scholarship for BYJUS courses No worries! We‘ve got your back. Try BYJU‘S free classes today! Open in App Suggest Corrections 0 : Police is responsible for maintaining public order, provide safety and enforcing the law.
Who brought PSA in Kashmir?
|Public Safety Act, 1978|
|Jammu and Kashmir Legislature|
| Long title
an Act whereas it is necessary in the interest of the security of the State and public order to make law providing for the measures hereinafter appearing.
|Citation||Act No. VI of 1978|
|Territorial extent||Jammu and Kashmir|
|Enacted by||Governor of Jammu and Kashmir|
|Enacted||8 April 1978|
|Status: In force|
The Jammu and Kashmir Public Safety Act, 1978 ( PSA ) is a preventive detention law under which a person is taken into custody to prevent them from acting harmfully against “the security of the state or the maintenance of the public order” in the India n state of Jammu and Kashmir (now a union territory ).
- Whereas PSA applies only to Jammu and Kashmir, it is very similar to the National Security Act that is used by the central and other state governments of India for preventive detention.
- It was introduced by the then- Chief Minister, Sheikh Abdullah, in 1978 to ostensibly stop the smuggling of timber,
However, the political motives behind the law became clearer when Sheikh Abdullah used it for the first time against political rivals. Since its usage in the late 1970s, it is still being used today for “the security of the state”. Following the bifurcation of Jammu and Kashmir in 2019, PSA was one of the state laws which was retained under the Jammu and Kashmir Reorganisation Act of 2019,
What are the examples of trade dispute?
Abstract – Summarizes five major trade disputes before the World Trade Organization (WTO): (1) the Brazil-Canada aircraft dispute, (2) the European Union/United States foreign sales corporation dispute, (3) the Asian/United States shrimp and sea turtle dispute, (4) the United States/European Union beef hormones dispute, and (5) the U.S. steel tariff dispute.
Does dispute mean refund?
Payment disputes are a type of consumer protection. Cardholders have the right to dispute a credit or debit card transaction if it was unauthorized or illegitimate. If a transaction is disputed, the cardholder is no longer required to make payment. Rather, the merchant sacrifices revenue — f unds are removed from the merchant’s account and returned to the cardholder.
Unlike a traditional refund, where the customer and merchant work together to resolve an issue, a payment dispute bypasses the merchant entirely. The customer’s bank ( issuer ) communicates with the merchant’s bank ( acquirer ) via the card brand, Visit this blog article to learn more. Disputes can be initiated by either the cardholder or the issuing bank.
Examples of situations in which the issuer might initiate a dispute include:
The transaction was processed late, beyond the card brand’s allotted settlement time limit The merchant didn’t request authorization before processing the transaction The card was charged twice for a single transaction
Examples of situations in which the cardholder might initiate a dispute include:
The goods or services weren’t delivered A refund wasn’t provided as promised The purchase was made by someone other than the cardholder
Not all consumer grievances escalate to a dispute. Disputes are intended to be the final option when all other attempts to solve the issue have been exhausted. Often times, consumer grievances can be resolved if the issuer is able to obtain additional transaction information and clarify it with the cardholder.
There are two ways the additional information can be obtained: Retrieval Request An issuer may send a retrieval request to the acquirer. The acquirer will respond with transaction information to clarify any confusion and provide additional insight. Retrieval requests were once a popular process used by all the card brands.
However, American Express ® and Discover ® are the only brands to currently require the use of retrieval requests. Order Validation There are two order validation platforms that merchants can enroll in: Consumer Clarity and Order Insight, Through these platforms, merchants can communicate with issuers in real time.
- The goal is to supply enough supporting information to clarify the transaction and help the issuer “talk off” the dispute.
- If neither the retrieval request nor order validation resolve the dispute, the issuer may choose to send a prevention alert.
- Prevention Alerts Prevention alert networks enable an issuer to notify a merchant when a transaction is disputed.
The merchant then has the option to refund the transaction and resolve the dispute, hopefully preventing the issue from progressing any farther. Disputes are a much-needed consumer protection mechanism. However, they are often used incorrectly and illegitimately.
- Fraud is the only legitimate reason for filing a dispute.
- This includes criminal activity that resulted in an unauthorized transaction.
- It also includes merchant fraud — situations where the merchant intentionally misled the cardholder or didn’t fulfill obligations.
- Disputes filed under any other pretense are considered illegitimate.
Illegitimate disputes are commonly known as friendly fraud, Friendly fraud is most often perpetrated out of convenience, as an accident or misunderstanding, or as an intentional act to get something for free. To file an illegitimate dispute, cardholders will often make false claims, such as saying the transaction wasn’t authorized or the merchandise wasn’t received.
Issuers are responsible for investigating cardholder claims and declining unwarranted dispute requests. In addition to damaging the dispute-to-transaction ratio, each transaction dispute has financial drawbacks for the merchant too. The dispute removes revenue from the merchant’s account and returns the funds to the cardholder.
Additionally, the merchant is usually assessed a dispute fee, Therefore, it is important for merchants to try to prevent disputes, the resulting revenue loss, and the associated costs. When disputes do happen, merchants should fight back and recover lost revenue,
- Without effective management techniques, disputes can cause irreparable damage to the merchant’s bottom line.
- Card brands allow merchants to challenge illegitimate disputes with a dispute response, which provides the opportunity to prove the validity of the original transaction.
- If merchants are able to supply the required compelling evidence in the given timeframe, the issuer will review the case and reassess the initial dispute decision.
Successful dispute responses will overturn the first verdict, withdrawing funds from the cardholder’s account once again and returning them to the merchant. The dispute fee will not be refunded in cases of successful dispute response, nor will the dispute-to-transaction ratio be recalculated.
Chargeback (Mastercard and Visa often use different terms to express the same concept. Visa uses the term “dispute”, but Mastercard uses “chargeback” instead.) Transaction dispute
Do trade wars cause inflation?
Advantages and Disadvantages of a Trade War – The advantages and disadvantages of trade wars in particular, and protectionism in general, are the subjects of fierce and ongoing debate. Proponents of protectionism argue that well-crafted policies provide competitive advantages,
By blocking or discouraging imports, protective policies throw more business toward the domestic producers, which ultimately creates more American employment. These policies also serve to overcome a trade deficit. Additionally, proponents believe that painful tariffs and trade wars may also be the only effective way to deal with a nation that continues to behave unfairly or unethically in its trading policies.
Protects domestic companies from unfair competition Increases demand for domestic goods Promotes local job growth Improves trade deficits Punishes nation with unethical trade policies
Increases costs and induces inflation Causes marketplace shortages, reduces choice Discourages trade Slows economic growth Hurts diplomatic relations, cultural exchange
Critics argue that protectionism often hurts the people it is intended to protect long term by choking off markets and slowing economic growth and cultural exchange. Consumers may begin to have less choice in the marketplace. They may even face shortages if there is no ready domestic substitute for the imported goods that tariffs have impacted or eliminated.
What are 3 ways to resolve trade dispute?
Methods for Resolving Conflicts and Disputes What Are Your Options: We are all familiar with the most traditional dispute-resolution process of our civil justice system: litigation and trial with a judge or jury deciding who is right or wrong – where someone wins and someone loses.
- However, there are many other options available.
- Negotiation, mediation and arbitration, often called ADR or alternative dispute resolution, are the most well known.
- Whether you are involved in a family or neighborhood dispute or a lawsuit involving thousands of dollars, these processes should be considered.
They are often the more appropriate methods of dispute resolution and can result in a fair, just, reasonable outcome for both you and the other party involved. Settlement and compromise have long been favored in the legal system. In fact, most cases that are filed in a court are settled and never go to trial.
- Only 5% of all cases filed go to trial.
- ADR procedures are excellent options for you in dealing with controversy, allowing you to reach resolution earlier with less expense than traditional litigation and allow you to maintain control of your legal matter.
- In fact, many courts require parties to consider some form of ADR before going to trial.
The following processes describe ways to resolve disputes. NEGOTIATION Definition: Negotiation is the most basic means of settling differences. It is back-and-forth communication between the parties of the conflict with the goal of trying to find a solution.
The Process: You may negotiate directly with the other person. You may hire an attorney to negotiate directly with the other side on your behalf. There are no specific procedures to follow – you can determine your own – but it works best if all parties agree to remain calm and not talk at the same time.
Depending on your situation, you can negotiate in the board room of a big company, in an office or even in your own living room. Negotiation allows you to participate directly in decisions that affect you. In the most successful negotiations, the needs of both parties are considered.
A negotiated agreement can become a contract and be enforceable. When and How Negotiation is Used: Most people negotiate every day. In some circumstances, you may want a lawyer to help you negotiate a fair deal. Negotiation is the first method of choice for problem solving and trying to reach a mutually acceptable agreement.
If no agreement is reached, you may pursue any of the other options suggested here. This process can be appropriately used at any stage of the conflict – before a lawsuit is filed, while a lawsuit is in progress, at the conclusion of a trial, even before or after an appeal is filed.
Voluntary Private and confidential Quick and inexpensive Informal and unstructured Parties control the process, make their own decisions and reach their own agreements (there is no third-party decision maker) Negotiated agreements can be enforceable in court Can result in a win-win solution
MEDIATION Definition: Mediation is also a voluntary process in which an impartial person (the mediator) helps with communication between the parties and promotes reconciliation, which will allow them to reach a mutually acceptable agreement. Mediation is often the next step if negotiation proves unsuccessful.
- The Process: The mediator manages the process and helps facilitate negotiation between the parties.
- A mediator does not make a decision nor force the parties to reach an agreement.
- The parties directly participate and negotiate their own settlement or agreement.
- At the beginning of the mediation session, the mediator will describe the process and ground rules.
The parties, or their attorneys, have an opportunity to explain their view of the dispute. Mediation helps each side better understand the other’s point of view. Sometimes the mediator will meet separately with each side. Separate “caucusing” can help address emotional and factual issues as well as allow time for receiving legal advice from your attorney.
- Mediations are generally held in the office of the mediator or another agreed neutral location.
- Agreements can be creative and tailored to your specific needs.
- You could reach a solution that might not be available from a court of law.
- For example, if you owe someone money but don’t have the cash, rather than be sued and get a judgment against you, settlement options could include trading something you have for something the other party wants.
If an agreement is reached, it will generally be put in writing. Most people uphold a mediated agreement because they were a part of making it. If a lawsuit has been filed, the agreement is typically presented to the court as an enforceable order. If no lawsuit has been filed, the mediation agreement can become an enforceable contract.
If no agreement is reached, you have not lost any of your rights, and you can pursue other options such as arbitration or going to trial. When and How Mediation is Used: When you and the other person are unable to negotiate a resolution to your dispute by yourselves, you may seek the assistance of a mediator who will help you and the other party explore ways of resolving your differences.
You may choose to go to mediation with or without a lawyer depending upon the type of problem you have. You may always consult with an attorney prior to finalizing an agreement to be sure you have made fully informed decisions and all your rights are protected.
Sometimes mediators will suggest you do this. Mediation can be used in most conflicts, ranging from disputes between consumers and merchants, landlords and tenants, employers and employees, family members in such areas as divorce, child custody and visitation rights, eldercare and probate, as well as simple or complex business disputes or personal injury matters.
Mediation can also be used at any stage of the conflict, such as facilitating settlements of a pending lawsuit. Who Provides This Service: Attorneys and other professionals provide private mediation for a fee. If you have an attorney, you can work together to select a mediator of your choice.
- You may want a mediator who is knowledgeable about the subject matter of your dispute.
- You may wish to use a for-fee mediator in the first instance or if early settlement mediation has not resulted in a resolution of your dispute.
- You may also find mediators or mediation services listed in the telephone directory or available on lists provided by some courts or private professional organizations.
When selecting a mediator, you should always check their credentials and get references. Mediators qualified under the District Court Mediation Act or certified pursuant to the Dispute Resolution Act meet statutory standards of training and experience.
Public mediation services are available through Early Settlement Regional Centers located statewide. A list of the regional centers can be found online at www.oscn.net/static/adr. This program provides the services of volunteer mediators, trained and certified to mediate in the Administrative Office of the Oklahoma Supreme Court.
Mediators in this system are assigned to mediate your dispute by the various program administrators. They are available at minimal or no charge to help you resolve conflicts, often without the assistance of an attorney or the need to go to court. Call 405-556-9300 for the phone number and location of the center nearest you.
- You may also find mediation in our state and federal court systems called court-sponsored mediation.
- Generally, you and your attorney may select a private mediator or choose a public service.
- Fees may apply.
- Judges are frequently referring cases to settlement procedures, such as mediation, to help litigants resolve their disputes in less time and with less cost than litigation and trial.
Characteristics of Mediation:
Promotes communication and cooperation Provides a basis for you to resolve disputes on your own Voluntary, informal and flexible Private and confidential, avoiding public disclosure of personal or business problems Can reduce hostility and preserve ongoing relationships Allows you to avoid the uncertainty, time, cost and stress of going to trial Allows you to make mutually acceptable agreements tailored to meet your needs Can result in a win-win solution
ARBITRATION Definition: Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. The Process: Arbitration is typically an out-of-court method for resolving a dispute. The arbitrator controls the process, listens to both sides and makes a decision.
Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited. In a more formal setting, the arbitrator will conduct a hearing where all parties present evidence through documents, exhibits and testimony. The parties may agree to, in some instances, establish their own procedure, or an administrating organization may provide procedures.
There can be either one arbitrator or a panel of three arbitrators. An arbitration hearing is usually held in offices or other meeting rooms. The result can be binding if all parties have previously agreed to be bound by the decision. In that case, the right to appeal the arbitrator’s decision is very limited.
- An arbitrator’s award can be reduced to judgment in a court and thus be enforceable.
- In nonbinding arbitration, a decision may become final if all parties agree to accept it, or it may serve to help you evaluate the case and be a starting point for settlement talks.
- How and When Arbitration is Used: A common use of arbitration is in the area of labor disputes – between firefighters and the city in wage disputes, for example.
You will usually be represented by an attorney in arbitration. Many contracts have clauses that require that disputes arising out of that contract be arbitrated. You may have seen such a provision when you applied for a credit card or opened a retirement account or other account with a stockbroker.
You may want to explore using this process if you and the other side agree that the problem needs to have someone make a decision, but you do not want the expense of going through the court process. If you agree to arbitrate or sign a contract with an arbitration clause, you should understand the arbitrator may make the final decision, and you may be waiving your right to a trial in court.
Who Provides This Service: Many attorneys, other professionals or professional associations offer their services as arbitrators. Typically, your attorney will select the arbitrator based on the particular type of dispute. In complex and highly technical cases, often an arbitrator who is knowledgeable in that field is chosen.
Can be used voluntarily Private (unless the limited court appeal is made) May be less formal and structured than going to court, depending on applicable arbitration rules Usually quicker and less expensive than going to court, depending on applicable arbitration rules Each party will have the opportunity to present evidence and make arguments May have a right to choose an arbitrator with specialized expertise A decision will be made by the arbitrator that may resolve the dispute and be final Arbitrator’s award can be enforced in a court If nonbinding, you still have the right to a trial Arbitration is not typically permitted for family law matters
LITIGATION (GOING TO COURT) Definition: Litigation is the use of the courts and civil justice system to resolve legal controversies. Litigation can be used to compel the opposing party to participate in the solution. The Process: Litigation is begun by filing a lawsuit in a court.
- Specific rules of procedure, discovery and presentation of evidence must be followed.
- The attorney for the other side will want to take your deposition to learn more about the facts as you see them and your position in the case.
- There can be a number of court appearances by you and/or your lawyer.
- If the parties cannot agree on how to settle the case, either the judge or a jury will decide the dispute for you through a trial.
A trial is a formal judicial proceeding allowing full examination and determination of all the issues between the parties, with each side presenting its case to either a jury or a judge. The decision is made by applying the facts of the case to the applicable law.
- That verdict or decision can conclude the litigation process and be enforceable; however, if appropriate, the loser can appeal the decision to a higher court.
- In some cases, the losing party may have to pay the costs of the lawsuit and the other party’s attorney fees.
- How and When Litigation is Used: Our American civil justice system is one of the best in the world.
Our Constitution gives us the right to a fair trial. If you want your day in court with a judge or jury of your peers deciding the outcome, the pursuit of litigation and trial of the case is for you. You may be in a municipal court, state district court or federal court depending on the type of dispute you have and where your attorney files your case or where you get sued.
State court trial judges are elected on a nonpartisan ballot, though vacancies are filled through an appointment process from highly qualified applicants. The district courts also appoint special judges who handle certain kinds of cases, such as small claims and divorces. These judges are selected by the district judges from qualified applicants.
Federal district judges are nominated by the president and confirmed by the U.S. Senate. Federal magistrates are selected by the federal district judges. In all courts, cases are randomly assigned to the various judges. You have no choice concerning which judge will hear your case.
Juries are randomly selected from a jury wheel of licensed drivers within each state judicial district and, in the case of federal court juries, from a jury wheel of registered voters and drivers license holders. If you cannot settle your differences through negotiation, mediation, arbitration or some other means, you can pursue litigation through the courts with your lawyer.
Characteristics of Litigation:
Involuntary – a defendant must participate (no choice) Formal and structured rules of evidence and procedure Each party has the opportunity to present its evidence and argument and cross-examine the other side – there are procedural safeguards Public – court proceedings and records are open The decision is based on the law The decision is final and binding Right of appeal exists Losing party may pay costs
OTHER DISPUTE RESOLUTION PROCEDURES AND WHERE YOU MAY FIND THEM If you have a problem with a new car, you may find automobile arbitration through the Better Business Bureau to be a solution for you. The manufacturer of your car may also have a process of resolving disputes.
If you are involved in agriculture and have a farmer-creditor controversy, the Agricultural Mediation Program may be helpful to you. For more information, visit www.ok.gov/mediation or call 800-248-5464. Victim-offender mediation, which can result in restitution to the victim, is available through the Oklahoma Department of Corrections.
Other state and federal agencies sometimes offer settlement options in addition to their regular administrative procedures. For example, mediation of workers’ compensation claims is now available. If you do go to court, in addition to court-sponsored mediation or other ADR programs, you may find more procedures that encourage settlement or can resolve the dispute.
- Your attorney can tell you about the processes available in the court in which your case is pending.
- Appellate courts, such as our state Supreme Court and the federal 10th Circuit Court of Appeals, have settlement conference opportunities.
- Don’t forget Small Claims Court, where a judge can decide your dispute, usually without a lawyer, if your claim is valued under $10,000.
Early settlement mediation is often available here to offer settlement assistance first, so you may not need to go before the judge. Managing meetings and reaching consensus within any kind of organization or group can often be achieved through the assistance of a trained facilitator.
School Peer Mediation – Peaceful Resolutions for Oklahoma Schools (PROS), a project of the Oklahoma Bar Association Law-Related Education Department and Early Settlement, is training students to mediate their own disputes.Communication and conflict resolution skills classes may be available in your community by contacting the Law-Related Education Department at the Oklahoma Bar Association thanks to a partnership with Leadership Oklahoma.The OBA Alternative Dispute Resolution Section may be a resource to identify additional options. SELECTING THE APPROPRIATE METHOD
The method you use to resolve your dispute will depend upon your personal needs and the nature of your particular dispute. You may want to consult with an attorney to help diagnose which process best serves your particular situation. Considerations:
Private and confidential or in a public court setting Informal setting and a more flexible process or one that is more formal and has specific rules to follow Personal control or decision made by a judge or arbitrator Time Costs Maintaining relationships Dispute decided on questions of law, resolved with business principles or a solution found through other fair, yet practical means Binding and easily enforceable
There will always be times when a courtroom trial is the best option. Often, however, you are better served by one of the other alternative dispute resolution processes described in this brochure. With a better understanding of the considerations that can help you choose the most appropriate method, your conflicts can be more successfully managed and your disputes more satisfactorily resolved.
Can I record police in India?
Is it legal to make video recordings of a police officer on duty in India? The laws around recording police officers on duty can vary depending on the country and jurisdiction. In India, the legality of recording police officers on duty is a subject of some debate.
- The Indian Constitution does not explicitly prohibit recording police officers on duty, but there have been cases where individuals recording police activity have faced legal action.
- It’s important to note, however, that the right to take photographs and video of things that are plainly visible in public spaces is protected by the Indian Constitution.
As such, if you are recording police officers performing official duties in public spaces you are likely within your rights to do so. That being said, it’s always a good idea to exercise caution and common sense when recording police activity. Make sure you’re not interfering with police business, don’t obstruct their work, and avoid breaking any other laws while recording.
What was Bombay Traders Dispute Act 1938?
We are always must reluctant to put any interpretation upon labour legislation is likely to prejudice the rights or welfare of Labour. We are fully conscious of the fact that our legislature has put labour legislation on the statue book primarily for the purpose of redressing the balance between employers and employees and that we would not, unless we are compelled to do so by the clear language used by the legislature put any construction upon any provision of labour legislation which will in any way prejudicially affect their rights.1 – Chagla C.J.
State intervention in industrial relations is essentially a modern development, With the emergence of the concept of welfare state, new ideas of social philosophy, national economy and social justice sprang up with result that industrial relation no longer remains the concern of labour and management alone.
Many countries realized that for general progress to be assured, economic progress was a must. In no country is a complete laissez faire attitude now adopted in the matter of labour management relations. In all the countries, over a period of time, the state has assumed power to regulate industrial relations.
It is the state which is now the most significant element in determining the legal environment within which industrial relations operate.2 Bean regarded state as an actor within industrial relations performing a number of distinct roles3 The distinct role that state performs are broadly, categorized by him as five.
Firstly, it acts as a third party regulator promoting a legal framework which establishes general ground rules for union-management inter-action, particularly in the procedure for collective bargaining4, Secondly, and additionally, as a means of supporting and underpinning collective bargaining or as a supplement to it the law can be used establish minimum standards while collective bargaining exploits particular advantages to secure higher standards whenever it can.5 The third well established function in many countries is the provision of state service for conciliation, mediation and arbitration with a view to facilitating the settlement of industrial disputes.
- A fourth aspect of the role of the state that has become increasingly important is that of a direct and primary participation as a major employer in the public sector.
- In this respect, it influences the pattern of industrial relations by its own behaviour and example.
- A fifth role that the state has come to play in many countries is that of a regulator of incomes.
As a result, direct and active state involvement in the industrial relations has become much more pronounced in recent years. The concern of state in matters relating to labour is product of its obligations to protect the interest of industrial community, while at the same time fostering economic growth in almost all countries.
State has assumed powers to regulate labour relations in some degree or the other. In some, has taken the form of laying down bare rules or observance by employers and workers; in others, the rules cover a wider area of these rules6. So far as our country is concerned, State intervention in labour matter can be traced back to the enactment of the Employers and Workmen’s Disputes Act 1860 which provided for the speedy disposal of the dispute relating to the wages of workmen engaged in railways, canals and other public works, by Magistrates.
After World War-1 however, State intervention in Dispute Resolution became more systematic and effective. The Trade Dispute Act was passed providing for constituting courts of Inquiry and Conciliation Boards and forbidding strikes in public utility services without notice.
- The Act 1920 was replaced by the Trade Dispute Act 1929 incorporating provisions relating to general strikes as well.
- Thereafter Bombay Trade Dispute (Conciliation) Act 1934 was passed providing for permanent cadre for conciliators in selected industries.
- In the Year 1938, Trade Dispute Act 1929 was amended authorizing and Central and Provincial Govts.
to appoint Conciliation Officers. In the same year, Bombay Industrial Dispute Act 1938 was passed providing for setting up of an industrial Court and prohibiting strikes and lockouts under certain conditions. Thereafter, during the emergency caused by World War II, under Rule 81A of the Defence of India Rules, power was given to the appropriate Govt.
- To appoint industrial tribunals and enforce the awards passed by them.
- Later on Bombay Industrial Disputes Act was replaced by the Bombay Industrial Relations Act 1946.
- Little later in the year 1947, the Industrial Dispute Act 1947 (here after referred as the Act) was passed providing for appointing /constituting conciliation officers, boards of conciliation, courts of inquiry and industrial tribunals.
The Act was amended in the year 1956 providing for constituting labour courts and national industrial tribunals. The subject labour having been in the concurrent list of the Constitution of India, both the centre and states have the power to legislate on labour matters.
- Several states have amended the Central Act 1947 so as to suit to them while others have enacted their own Acts.
- The main object of the enactment of the Act is to ensure social justice to both the employees and employers and advance the progress of industry by bringing about the existence of harmony and cordial relationship between the parties so as to bring about industrial peace which would accelerate procedure activity of the country.
The Act provides for prevention and settlement of industrial disputes. Industry means a business (as a merchant), a trade ( as a culter), a manufacture (as a flour mill), an undertaking ( as a gas company), a calling as a engineer, or service ( as a carrier) or an employment ( a general term like calling embracing some of the others; and intended to extend to vocations which might not be comprised in any of the rest), all these expressions so far indicating the occupation in which the principle,.
is indicated whether on land or water. if the occupation so described is one in which persons are employed for pay, hire, advantage or reward, that is as employees, then, with the exceptions stated, it is an industry with in the meaning of Act.7, Industrial Peace and industrial harmony may have the same meaning; but we are inclined to think that the concept of industrial peace is somewhat negative and restrictive.
It emphasis absence of strife and struggle. The concept of industrial harmony is positive and comprehensive and it postulates the existence of understanding cooperation and a sense of partnership between the employers and the employees. That is why we prefer to describe our approach as one is quest of industrial harmony.8 Industrial Dispute means any dispute or difference between employer and employees, or between employer and workmen or between workmen and workmen, which is connected with the employment or non employment or the terms of employment or with the conditions of Labour, or any person9.
The Scope the definition of Industrial Dispute is very wide. The words employment and non employment in the definition are of widest amplitude and have been but in juxtaposition to make the definition comprehensive, Any dispute concerned with employment or non-employment’ constitute the subject matter of one class or industrial disputes.
The matters which can form subject matter industrial dispute are enumerated in Second, Third and Fourth Schedule given at the end of Industrial Dispute Act.10 There are two types of Industrial Disputes-interest disputes and rights disputes. Interest disputes relate to determination of new wage level and other condition of employment while rights disputes on the other hand relate to interpretation and application of existing standards and usually involve and individual worker or group of workers.
- Under category of rights disputes, claim is made that the workmen have not been treated in accordance with the rules, individual contracts of employment, laws and regulations and as per collective agreements.
- Such disputes are also described as grievance disputes.
- Such grievances may be regarding retrenchment,dismissal, payment of wages, working time, overtime, demotion, promotion, transfer, seniority, job classification, work rules and fulfillment of obligation relating to safety and health laid down in an agreement.
The definition of Industrial Dispute as given in the Act has a wide coverage. All disputes relating to employment or non- employment, or the terms of employment or with the condition of labour are covered under the definition. Settlement means a settlement arrived at in the course of conciliation proceeding and included a written agreement between employer and workmen arrived at otherwise than in course conciliation proceeding where such agreement has been signed by the parties there to in such manner as may be prescribed and a copy thereof has been sent to the officer authorized in this behalf by the appropriate government and the conciliation officer.11 The definition envisage two categories of settlement.
- 1) Settlement arrived at in the course of conciliation and (2) Settlement arrived at privately or otherwise than in the course of conciliation.
- The settlement arrived at in the course of conciliation stand on a higher plane than the settlements arrived at otherwise than in the course of conciliation.
The legal effect of both these settlements is not identical, The settlement arrived at otherwise than in the course conciliation binds only the parties to settlement and none else. In any case it does not stand on higher plane than the settlements arrived at in the conciliation and that makes the two distinct and different from each other.
What are the famous trade disputes?
Abstract – Summarizes five major trade disputes before the World Trade Organization (WTO): (1) the Brazil-Canada aircraft dispute, (2) the European Union/United States foreign sales corporation dispute, (3) the Asian/United States shrimp and sea turtle dispute, (4) the United States/European Union beef hormones dispute, and (5) the U.S. steel tariff dispute.
What is the settlement of Industrial Dispute Act?
On whom Awards and Settlements are binding- – According to Section 18 of the Industrial Disputes Act, 1947 Awards and Settlements are binding on the following persons – A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement.
- Penalty for breach of Settlement or Award
- According to Section2(p) of the Industrial Dispute Act, 1947 “Settlement” means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer.
If any person who commits breach of any terms of a settlement or Award is liable for punishment. The punishment provided for is imprisonment which may extend to 6 months or with fine or with both. Section 19 of the Industrial Disputes Act 1947 provides for the period of operation of Award and Settlement.
- A settlement shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute.
- Such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months from the date on which the memorandum of settlement is signed by the parties to the dispute, and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement.
An award shall, subject to the provisions of this section, remain in operation for a period of one year from the date on which the award becomes enforceable under section 17A. Provided that the appropriate Government may reduce the said period and fix such period as it thinks fit: Provided further that the appropriate Government may, before the expiry of the said period, extend the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the total period of operation of an award does not exceed three years from the date on which it came into operation.
Where the appropriate Government, whether of its own motion or on the application of any party bound by the award, considers that since the award was made, there has been a material change in the circumstances on which it was based, the appropriate Government may refer the award or a part of it to a Labour Court, if the award was that of a Labour Court or to a Tribunal, if the award was that of a Tribunal or of a National Tribunal, for decision whether the period of operation should not, by reason of such change, be shortened and the decision of Labour Court or the Tribunal, as the case may be on such reference shall be final.
A settlement is an agreement reached among the parties to a workers’ compensation claim. This includes you, your employer and the workers’ compensation insurer (unless your employer is self-insured). This is a type of contract, and it may bar you from seeking further compensation for your injury.
- An award, on the other hand, is granted to you by the workers’ compensation court.
- This may include medical benefits or other types of workers’ compensation awards based on the specifics of your injury.
- For example, a judge can order – or an insurance company can admit for – temporary and permanent disability benefits.
This isn’t a settlement. You don’t have to sign away any rights to get these benefits. If you need help determining whether you received an award or a settlement, we can help. We can review your situation and help you understand your legal options. We can also advise you before you accept an award or settlement.