Electronic copy available at: http://ssrn.

com/abstract=2204403



TRIPARTISM IN INDIAN
INDUSTRIAL RELATIONS


Anutosh Pandey
Student at National Law University Orissa





Electronic copy available at: http://ssrn.com/abstract=2204403
[Tripartism in Indian Industrial Relations]

Introduction

Tripartism originate from the tripartite which means made between or involving three parties.
1

Tripartism can be understood as policy of decision making related to industrial relations to where
all the three key players i.e. employers ,workers and governments plays an equal and fair role.
Tripartism promotes effective and meaningful cooperation between the three key parties at all
the level decision making related to industrial relations.
Tripartism tries and focus on bringing employers, workers and governments at a common
platform for redressal of industrial dispute. It ensures involvement of all the three party in the
dispute redressal process. This involvement is ensured by way of involving representative of
parties in the process. Involvement of representative of workers (i.e. trade unions) ,
representative of employers (business organizations ) and government representative (regulatory
bodies, labour ministry etc) makes sure that the dispute redressal process has got representative
from all the three key players.









1
http://www.merriam-webster.com/dictionary/tripartite
[Tripartism in Indian Industrial Relations]


Tripartism and ILO

International Labour Organization (ILO) since its establishment in 1919 had adopted and
followed the principal of tripartism.
In 1944, the International Labour Conference met in Philadelphia and adopted a declaration that
redefined the aims and purposes of the International Labour Organization and gave it an
extended mandate.This declaration contained a number of specific objectives,including the right
to bargain collectively;the cooperation of labour and management in the continous improvement
of productive efficiency ; and the collaboration of workers ,employers and governments in the
prepration and application of social and economic measures.This declration firmly established
tripartism as the framework within which the various components of social policy were to be
negotiated and settled among the parties involved.
2

The ILO is based on the principle of tripartism- dialogue and cooperation between
governments, employers, and workers in the formulation of standards and policies dealing
with labour matters. International labour standards are created and supervised through a
tripartite structure that makes the ILO unique in the United Nations system. The tripartite
approach to adopting standards ensures that they have broad support from all ILO constituents.
The three constituting organs of the ILO International Labour Conference (ILC), Governing
Body (GB) and International Labour office are constituted under the principle of tripartism.
International labour conference consists of the delegation of all member state. It is principle
organ and its purpose it to adopt and frame convention and recommendation. Under the principle
of tripartism each national delegation is required to have four members. Two members to
represent government and one delegate each to represent employer and worker who are
nominated in agreement with the organization which are most representative of employers and
employees.

2
William R. Simpson ,The ILO and Tripartism: some reflections
[Tripartism in Indian Industrial Relations]

The next important organ of the International Labour Orgnization ,General Body is also
constituted on tripartite basis and it has 56 members out of which 28 represents government,14
each for both the employers and the employee.
The third important organ of ILO, the International Labour Office also works on the principles of
tripartism.
The principle of tripartism is followed not only in the composition of the various bodies of ILO
but it also influences the characteristics as well as the content of the instruments which are
adopted by the ILO. The underlying principle on which tripartism operates are
1. Reprenstation
2. Participation
3. Deliberation.
Tripartism ensure equal participation with an equal weight of the opinion, of the representation
of employers and worker in decision making process which affects them. These two parties
which are often opposed to each other because of conflict of interest are united by the principle
of tripartism to ensure that a democratic method of decision making is adapted to safe guard the
interest of both the parties without giving undue advantage to any of them.
Indentifying the importance of tripartism the ILO had also included tripartism in it constitution.
The 144
th
convention of the ILO is related with Tripartite Consultation.
The article 3 of the 144
th
convention provides that the representatives of employers and workers
for the purposes of the procedures provided for in this Convention shall be freely chosen by their
representative organizations, where such organizations exist.
Article 2 of the convention states that Employers and workers shall be represented on an equal
footing on any bodies through which consultations are undertaken
3


3
Tripartite Consultation (International Labour Standards) Convention ,1976 ,available at www.ilo.org

[Tripartism in Indian Industrial Relations]

This convention requires that each member country of ILO which is rectifying the convention
should frame such policies which can help to promote tripartism in industrial relations.This
tripartism should include:
(i) Effective, meaningful consultation: The consultation required is aimed at helping the
Government take decisions concerning specific ILO standards-related matters. Consultation
means more than merely providing information, but does not require negotiations leading to an
agreement. The key is to ensure that the views of those concerned, namely workers and
employers organizations, will be taken into account by the Government before decisions are
taken .
(ii) With representative organizations: Representative organizations are independent employers
and workers organizations that enjoy the right of freedom of association. Consultation should be
established not only with the largest organizations, but with all those representing a significant
body of opinion concerning the particular issue under discussion. The decision of the
Government on which organizations to consult is to be taken in good faith based on criteria
which are pre-established, precise and objective. Those organizations are to freely choose who
will represent them in the consultations.
(iii) Represented equally : Employers and workers organizations are to be represented on an
equal footing. This does not require equal numbers of representatives, but does require that the
views of each side be given equal consideration.
(iv) The Government makes the final decision: The consultation procedure may set the objective
of reaching a consensus, although this is not necessary. All views are to be taken into account,
but the Government makes the final decision if consensus is not reached. The workers and
employers organizations are not bound to support the final decision or position of the
Government, and can communicate their views and comments directly to the ILO.
4




4
Promote tripartite consultation :Ratify and apply ,Convention No. 144,ILO, available at www.ilo.org

[Tripartism in Indian Industrial Relations]


Tripartism and Industrial Dispute Act 1947

The main statues dealing with industrial relations in India, Industrial Dispute Act 1947 also
recognizes and implements the concept of tripartism in it. Under it various provision it seeks to
provide such dispute rederssal mechanism which are tripartite in nature.
Industrial Dispute Act 1947 provides 3 stages mechanism for dispute resolution. This includes :
(i) Conciliation
(ii) Arbitration
(iii) Adjudication
Conciliation includes third party intervention in promoting the voluntary settlement of disputes.
ILO has defined conciliation as The practice by which the services of a neutral third party are
used in a dispute as a means of helping the disputing parties to reduce the extent of their
differences and to arrive at an amicable settlement or agreed solution. It is a process of rational
and orderly discussion of differences between the parties to a dispute under the guidance of a
conciliator.
ID Act 1947 provides the conciliation machinery as:
(I) Conciliation Officers
(II) Board of Conciliation
(III) Court of Inquiry

Arbitration or voluntary arbitration refers to getting the dispute settled through an independent
person chosen by parties involved.
[Tripartism in Indian Industrial Relations]

Voluntary arbitration has been provided in the act keeping in mind the lengthy legal proceedings
and formalities and resulting days involved in adjudication.
The last and final remedy in an industrial dispute can be accessed adjudication. It can be
described as a process which encompasses intervention in the dispute by a third party which is
appointed by the government.
The reference to adjudication is voluntary when both the parties to the industrial dispute had
agreed for adjudication. Adjudication is compulsory when the government makes reference of
the dispute without the consent of either or both the parties to the dispute. Industrial Dispute Act
1947 provides a three-tier adjudication system which includes:
(i) Labour Courts
(ii) Industrial Tribunals
(iii) National Tribunals
Industrial Dispute Act 1947 also includes the elements of tripartism in it various provisions. It
makes sure that in dispute resolution process all the parties to the dispute get equal
representation.
Section 3 of the ID Act provides such a provision .As per the section in the case of any
industrial establishment in which one hundred or more workmen are employed or have been
employed on any days in the proceeding twelve months, the appropriate Government may by
general or special order require the employer to constitute in the prescribed manner a Works
Committee consisting of representatives of employers and workmen engaged in the
establishment, so however that the number of representatives of workmen on the Committee
shall not be less than the number of representatives of the employer.

The above section provides that in the Works Committee both the employer and the employee
get represented and such representation should be equal.
In the same manner Section 5 which talks about Boards of Conciliation ,under its sub section (3)
provides that The Chairman shall be an independent person and the other members shall be
[Tripartism in Indian Industrial Relations]

persons appointed in equal numbers to represent the parties to the dispute and any person
appointed to represent a party shall be appointed on the recommendation of that party.
5

Here the section provides for a tripartite structure of the Boards of Conciliation where all the
parties as well the government are represented equally.
Similarly under section 9-C of the ID Act which provides for the setting up of Grievance
Redressal Machinery it is made sure that the employer and the employees are represented
equally. As per sub section 2 of section 9-C the Grievance Redressal Committee shall consist of
equal number of members from the employer and the workmen.
The above provisions of Industrial Dispute Act 1947 include the elements of tripartism in the act.









5
Section 5(3) Industrial Dispute Act 1947
[Tripartism in Indian Industrial Relations]



Tripartism and Indian Industrial Relations

Apart from the Industrial Dispute Act 1947 various other areas of Indian industrial relations
includes the elements of tripartism. The government bodies which are responsible for policy
making related to labour welfare tries to implement tripartism in their working also.
The Ministry of Labour and Employment has been striving to promote harmonious industrial
relations in the country. The Government, being committed to the ethos and culture of tripartism,
took measures to revitalize it.
6

The ministry always makes sure that the consensus is taken from all the players involved in the
industrial relations while enacting new laws or bringing about changes in existing laws. The
objective of the Ministry is to knit the views of all the social partners in framing the policy for
working class. Accordingly, the Ministry of Labour & Employment held several tripartite
meetings of various Committees / Boards during the year which, inter-alia, include The meetings
of Central Board of Trustees (EPF) held on 24.06.2011, 14.07.2011, 27.07.2011 and 23.12.2011,
The meetings of Executive Committee of Employees Provident Fund held on 04.07.2011,
14.07.2011 and 22.12.2011, The meeting of Central Advisory Committee on Limestone &
Dolomite Mines Labour Welfare Fund held on 27.06.2011 etc.
7

The above steps taken by the Ministry of Labour and Employment presents the application of
tripartism in dealing with industrial relations.
Apart from the Labour Ministry several other government bodies are based on the principle of
tripartism. One such body is Central Advisory Contract Labour Board (CACLB) which was
constituted under section 3 of the Contract Labour (Regulation and Abolition) Act 1970 by
Government of India. The main function of the CACLB is to advise the Central Government on

6
About Us, www.labour.nic.in
7
Ibid
[Tripartism in Indian Industrial Relations]

such matters arising out of the administration of the act .The CACLB is a tripartite body
representing the interests of the Government, employers and employees .
8

Apart from the CACLB ,Standing Labour Committee ,Indian Labour Conference and the Central
and State Labour Advisory Committees also implement and encourages tripartite consultation in
India. The Central and State Advisory Committees advise on the administration of various
welfare boards which are : Central Board of Trustees (Employees Provident Fund Organization)
under the Employees Provident Fund Act (1952), Central Apprenticeship Council, under the
Apprenticeship Act (1961), Central Advisory Committee, under the Limestone and Dolomite
Mines Labour Welfare Fund Act (1972) etc.














8
Proceedings of the National Tripartite Meeting on the Employment Relationship in India
[Tripartism in Indian Industrial Relations]

Conclusion

Tripartism helps in bringing together at a same platform two parties who have conflict of interest
between each other and makes sure that both of them contribute positively in the dispute
redressal process. It also makes sure that the presence of a third party i.e. government that acts an
umpire in the process.
The concept of tripartism had helped the government in implanting its policy of labour welfare in
Indian industrial relations but at the same time it has adversely affected the concept of collective
bargaining in Indian industrial relations .By providing compulsory tripartite mechanism of
dispute resolution it has ruled out the space for the dialogue between the employee and the
employers.
Also the machinery which is setup by the government in order to seek solution to industrial
dispute following the principles of tripartism are not very competent in resolving disputes and
had failed to provide timely solution to the issues of Indian industrial relations











[Tripartism in Indian Industrial Relations]

Bibliography

Statues
(i) Industrial Dispute Act 1947
(ii) Tripartite Consultation (International Labour Standards) Convention ,1976

Articles
(i) William R. Simpson, The ILO and Tripartism: some reflections
(ii) B.R Patil, Industrial Relations in India-An Overview
(iii) Employee Participation in India ,Working Paper No. 40,International Labour Office
(iv) Proceedings of the National Tripartite Meeting on the Employment Relationship in India
(v)The growth and decline of political unionism in India ,International Labour Office.

Websites :
(i) The Ministry of Labour and Employment www.labour.nic.in
(ii) International Labour Organization www.ilo.org