ADJUDICATION

MEANING: The ultimate legal remedy for the settlement for an unresolved industrial dispute is its reference to adjudication by government. Adjudication involves intervention in the dispute by a third party appointed by the government for the purpose of deciding the nature of final settlement. On getting a report of failure of conciliation, the government has to decide whether it would be appropriate to refer the dispute to adjudication. The rationale behind this is that developing countries can ill-afford to suffer loss of production flowing from long drawn strikes and lockouts. Further, the trade union movement is yet not strong and mature enough to adopt and rely only on collective bargaining for the protection of interest of workers. Therefore, the need for the intervention by the government is felt. This, the government does by making reference of dispute to adjudication machinery.

SOCIO-ECONOMIC IMPORTANCE OF ADJUDICATION

The importance of adjudication has been emphasized by the Supreme Court and has been considered on par with decision on the fundamental rights under the constitution in the following words. As in the decision of the constitutional question of the kind, so in adjudication, it is always a matter of making reasonable adjustment between the two compulsory claims. The fundamental right of the individual citizen is guaranteed and its reasonable restrictions is permissible in the interest of general public have to be weighed and balanced against claims of individual citizen in regard to his fundamental right. So, too, in case of adjudication the claims of the employer based on the freedom of contract have to be adjusted with claims of industrial employees for social justice. Accordingly adjudication machinery has to consider national economy; attempt should make to secure for workers a fair share in national income.

TYPES OF ADJUDICATOION
Voluntary adjudication : When both parties ,at their own accord agree to refer the dispute to adjudication Compulsory adjudication : When reference is made to adjudication by the government without consent of the both parties

THREE-TIER SYSTEM OF ADJUDICATION

LABOUR COURT INDUSTRIAL TRIBUNAL NATIONAL TRIBUNAL

LABOUR COURT

One or more labour courts may be constituted by the appropriate government for adjudicating an industrial dispute relating to any matter specified in SECOND SCHEDULE of the act performing such other functions as may be assigned to them. CONSTITUTION

A labour court shall consist of one person only, who : is or has been a judge for high court, or Has been , for a period not less than 3 years , a District judge, or Has held any judicial office in India. No person shall be appointed in the office of labour court if he is not an independent person or if he has not attained age of 65.

The duties of labor court are:i. To hold adjudication proceedings expediently and ii. Submit its award to appropriate government as soon as practicable on the conclusion of the proceedings. The labor court usually deals with matter which arise put of day to day working of an undertaking.

INDUSTRIAL TRIBUNAL
The appropriate government may appoint one or more tribunals for adjudication of industrial dispute relating to any matter, whether specified in the SECOND SCHEDULE OR THIRD SCHEDULE. The industrial tribunal may appointed for a limited period on an ad hoc basis or permanently.

CONSTITUTION A tribunal shall consist of one or more persons, such as : Are or having judge(s) of High court, Are or have been district judge(s) for a period not less than 3 years, Hold or have held the office of a chairman or any other member of labour appellate tribunal or any tribunal for a period of not less than 2 years.

JURISDICTION i. The property and legality of an order passed by an employer under the standing order. ii. Discharge and dismissal of workers iii. Withdraw of any customary concession or privilege iv. Illegality or otherwise of a strike or lockout v. All matters other than those specified in third schedule of the act (i.e. those matters which are within jurisdiction of industrial tribunal.) Labour court has no supervisory jurisdiction i.e. it cannot act as an guardian of an industrial establishment.

Though the labour court does not have the adjudication over the matters specified in third schedule and is not likely to affect more than 100 workers, the appropriate government may refer the dispute to a labour court

NATIONAL TRIBUNAL

The central may by the notification in official gazette, constitute one or more national tribunal for the adjudication of industrial dispute. Which , in the opinion of central government , involve question of national importance on are of such nature that industrial establishment situated in more than one state are likely to be interested in, or affected by such dispute.

CONSTITUTION

It consist of one person only to be appointed by central government, who: Is or has been a judge of high court Has held the office of the chairman or any other member of appellate tribunal for a period of not less than 2 years. If the central government thinks fit , it may appoint two persons as assessors to advice the national tribunal on proceedings before it.

MODEL PROCEDURE FOR REFERENCE OF DISPUTE TO ADJUDICATION

All disputes ordinarily be referred to adjudication on request. Disputes may not , however be ordinarily referred to adjudication are :I. Unless efforts of conciliation failed . II. Unduly long time has elapsed . III. If matter covered under factories act, workmen compensation act, minimum wages act, payment of wages act. If dispute is regarding dismissal and discharge If there is case of victimization or unfair trade practices If conciliation machinery reports that injustice has been done to workers

Procedure for settlement of dispute

The award to these disputes will submit to appropriate government . There is no time limit fixed for tribunal proceedings. The representatives of employer and employee will must file a copy of statements of issues within 2 weeks. A copy of statement must forward to opposite parties. The opposite party will file a rejoinder within 2 weeks of receipt of statement and forward a copy to other party. The next step is to fix date of hearing The date should fix within 6 weeks of date on which it was referred for adjudication. The hearing must continue from day to day The authority cannot adjourn a hearing exceeding a week Not more than 3 adjournments in all. If such adjournment is granted the reasons are to be recorded If reasons are biased, the aggrieved party can seek interference of court.

Powers of adjudicating authority Issuing a commission for examination of authorities Appointing one or more person as assessor or assessors to advise in proceedings Compelling production of documents and material objects and their inspection

CENTRAL INDUSTRIAL RELATION MACHINERY IN INDIA (C.I.R.M)

The central industrial relation machinery was set up in 1945, with chief labour commissioner as head of department. The C.I.R.M. located at New Delhi, headed by C.L.C (chief labour commissioner). He is assisted by 31 officers who perform line and staff functions. C.L.C. had 18 R.L.C.(REGIONAL LABOUR COMMISSIONER) to assist labour commissioner , 160 labour enforcement officers.

FUNCTIONS OF C.I.R.M.
Prevention and settlement of industrial dispute in central sphere Enforcement of labour laws in industry Ad hoc verification of membership of trade union Enforcement of awards and settlements Promotion of works committee and workers participation in management Conduct of enquiries into breach of code of discipline