Paper Title
Genesis of Industrial Jurisprudence: Government's Discretion to refer Industrial Disputes for Adjudication
Article Identifiers
Authors
smt.Supriya M.Swami
Keywords
Industry,Industrial Dispute,Adjudication,Govt power of reference
Abstract
Under the Industrial Disputes Act, Adjudication cannot be demanded by a disputant party as of right, it is purely left with the discretion of the government under section 10 of the Act. How and on what considerations, the power of the appropriate government should be exercised, the Indian judiciary has delivered a number of pronouncements to ensure a just and reasonable exercise of this power. Can courts ensure prevention of misuse of the reference power by laying down the broad rules of its exercise? The answer to this question requires an insight into the actual exercise of this power we are totally in dark about the dynamics of actual reference and the role of the conciliation officer in it. So is the position of time involved in reference, the dynamics of delay and its impact on industrial justice . Ramaswamy, an eminent scholar of Indian labour, rightly remarks that: The reference of disputes for adjudication is shrouded in mystery. It is a matter of conjective whether the recommendations of the conciliator carry any weight with the government. While it is impossible to gather hard evidence on the abuse of adjudication. The fact remains that the allegations of its abuse have never been vigorously and convincingly countered . This paper attempts to answer the above mentioned questions. It seeks to articulate the role of Appropriate Government in Industrial disputes Adjudication and reference as envisaged under the Industrial Disputes Act, 1947, the time taken in reference, the actual exercise of the reference power and the considerations influencing it, the dynamics of the reference syndrome and the impact of all these on the industrial justice dispensation.
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How To Cite (APA)
smt.Supriya M.Swami (February-2019). Genesis of Industrial Jurisprudence: Government's Discretion to refer Industrial Disputes for Adjudication. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 4(2), 38-53. https://ijnrd.org/papers/IJNRD1902008.pdf
Issue
Volume 4 Issue 2, February-2019
Pages : 38-53
Other Publication Details
Paper Reg. ID: IJNRD_207720
Published Paper Id: IJNRD1902008
Downloads: 000121992
Research Area: Other
Country: Belagavi, Karnataka, India
Published Paper PDF: https://ijnrd.org/papers/IJNRD1902008.pdf
Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD1902008
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