adjudication of Disputes, Lecture notes of Labour Law

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ADJUDICATION

Meaning

• (^) ‘Adjudication involves intervention in the dispute by a third party appointed by the government for the purpose of deciding the nature of final settlement’.

Why??

• (^) Further, the trade union cannot rely only on collective bargaining for the protection of the interest of the workers.
• (^) Therefore, the need for intervention by the government is felt. This, the government does by making references of disputes to the adjudication machinery

Socio-Economic Importance of

Adjudication

• (^) “It is always a matter of making reasonable adjustments between the two competing claims. So the claims of the interests of the general public have to be weighed and balanced against the claims of the individual citizen in regard to his fundamental right.
• (^) So, too, in the case of adjudication, the claims of the employer based on the freedom of contract have to be adjusted with the claims of industrial employees for social justice."

Types of Adjudication

• (^) When both parties, of their own accord, agree to refer the dispute to adjudication, it is obligatory on the part of the government to make a reference. When a reference to adjudication is made by the parties, it is called Voluntary Adjudication.

Types of Adjudication

• (^) On the other hand, when reference is made to adjudication by the government without the consent of either or both the parties to the dispute, it is known as Compulsory Adjudication.

Three-Tier System of

Adjudication

• (^) The Labour Courts adjudicate upon disputes listed in Schedule II of the Act
• (^) The Industrial Tribunals adjudicate upon disputes listed in Schedule II or III of the Act.

Three-Tier System of

Adjudication

• (^) The National Tribunals adjudicate upon disputes which are of national importance, or when the dispute is of such a nature as to affect industrial establishments situated in more than one state.

LABOUR COURTS

No person shall be appointed or continue in the office of the labour court if he is not an independent person, or if he has attained the age of 65.

LABOUR COURTS

The duties of the labour court are: (i) To hold adjudication proceedings expeditiously; and (ii) Submit its award to the appropriate government as soon as practicable on the conclusion of the proceedings.

2. Discharge or dismissal of workers, including reinstatement of, or grant of relief to, workers wrongfully dismissed.
3. Withdrawal of any customary concession or privilege.
4. Illegality or otherwise of a strike or lockout.
5. All matters other than those specified in the Third Schedule of the Act (i.e., those matters which are within the jurisdiction of industrial tribunals).

LABOUR COURTS

‘The labour court has no power whatever except those powers which can be traced to a Statute, to a statutory rule or a statutory instrument. It has no supervisory jurisdiction, i.e., it cannot act as a guardian of an industrial establishment’.

LABOUR COURTS

• (^) In the absence of such an indication ex facie in the proceedings of the enquiry officer, the labour court is normally expected to approve the decision of the domestic enquiry and grant the permission asked for.

• (^) Ex facie , Latin for "on the face [of it]," is a legal term typically used to note that a document's explicit terms are defective without further investigation.
• (^) For example, a contract between two parties would be void if, ex facie , the document does not require party A to give consideration to party B for services rendered.