Genesis of Industrial Jurisprudence: Government's Discretion to refer Industrial Disputes for Adjudication

Registration ID: IJNRD_207720

Published ID: IJNRD1902008

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smt.Supriya M.Swami

Industry,Industrial Dispute,Adjudication,Govt power of reference

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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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

Volume 4 Issue 2, February-2019

Pages : 38-53

Paper Reg. ID: IJNRD_207720

Published Paper Id: IJNRD1902008

Downloads: 000122256

Research Area: Other

Author Type: Indian Author

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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