Adjudication
Adjudication
Concept
Adjudication is the final stage in the settlement of industrial disputes, when the disputants fail to settle their dispute through conciliation or voluntary arbitration Ultimate remedy for settlement of industrial disputes through the intervention by the third party appointed by the government Govt. refers the disputes to statutory bodies such as Labour Court, Industrial Tribunal or National Tribunal
On getting a report of the failure of conciliation, the govt. has to decide whether it would be appropriate to refer the dispute to adjudication. Two condition It has to arrive at opinion as to whether an industrial dispute exists or apprehended. Even after it has come to such a conclusion, it has to consider the expediency of making such reference as the decision or the act of making reference is purely an administrative act and not judicial and quasi-judicial.
Adjudication machinery has been one of the effective machinery for improvement of wages and working conditions, bonus and introducing uniformity in benefits and amenities.
Importance of Adjudication
Adjudication has to take into consideration not only the demands of social justice made by the workers but also to secure a fair share of national income for the workers The decisions awarded by adjudication bodies have far reaching effects on the industrial development and on the national economy as a whole.
Forms of Adjudication
Voluntary Adjudication- Both the parties agree to reference of the dispute to adjudication of their own accord. When a reference to adjudication is made by the parties it is called voluntary adjudication.
Compulsory Adjudication-Adjudication by the government without the consent of either or both the parties to the dispute it is known as Compulsory arbitration.
(a) he is, or has been, a Judge of a High Court; or (b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or] (c) he has held any judicial office in India for not less than seven years ; or (d) he has been the Presiding Officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years.]
Industrial Tribunal
The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter and for performing such other functions as may be assigned to them under this Act. A Tribunal shall consist of one person only to be appointed by the appropriate Government. A person shall not be qualified for appointment as the presiding officer of a Tribunal unless:
(a) he is, or has been, a Judge of a High Court; or (b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge. The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it. Powers of Tribunal- The tribunal is a judicial body or at any rate a quasi-judicial body. The tribunal while arriving at a finding in a matter may rely on data available or otherwise from evidence.
When Government can interfere if dispute has been referred to Industrial Tribunal
a) The finding is completely baseless b) The industrial dispute has not acted in good faith c) There is unfair labour practice or victimisation d) The management is guilty of violation on the principles of natural justice.
A person shall not be qualified for appointment as the presiding officer of a National Tribunal unless he is, or has been, a Judge of a High Court. The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.
The opposite party will also files its rejoinder with the authorities within 2 weeks. Fixing date for first hearing of dispute. This date must be fixed within 6 weeks from the date on which it was referred If warranted by genuine reasons, the authorities may fix later date for hearing but the reasons for such delay must be recorded in writing The hearing is normally continued from day to day following by the arguments and evidences Adjournment 1 week
If the reason for adjournment are found to be biased, arbitrary or prejudicial to any party, the aggrieved party may seek intervention by the court.