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.

Three-Tier System of Adjudication

The Industrial Disputes Act 1947 provides for three tier system of adjudication: Labour Courts Industrial Tribunals National Tribunals

Labour Court (Section 7)

The appropriate government may constitute a labour court by making notification in official gazette. A Labour Court 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 Labour Court, 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; 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.]

Duties and Jurisdiction of Labour Court

To hold adjudication proceedings expeditiously To submit the reward to the appropriate government, as soon as possible, on the completion of proceedings.

Jurisdiction of Labour Court

Legality of an order passed by an employer under the standing orders. Application and interpretation of standing orders Discharge and dismissal of workman Withdrawal of any customary concession or privileges Illegality or otherwise of a strike or lockout All matters not specified for industrial tribunals.

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.

Duties of Industrial Tribunal

To hold adjudication proceedings expeditiously To submit the reward to the appropriate government as soon as possible, on the completion of adjudication proceedings The award must be in writing and signed by its presiding officer.

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.

Jurisdiction of Industrial Tribunal

All matters within jurisdiction of labour courts Wages Compensatory and other allowances Hours of work and rest intervals Leave with wages and holiday Bonus, provident fund and gratuity Shift working Classification of grades Rules of discipline Retrenchment and closure of establishment.

National Tribunal (Section 7B)

The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes. A National Tribunal shall consist of one-person only to be appointed by the Central Government

 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.

Duties of National Tribunal

To hold the adjudication proceedings expeditiously To submit the award to the central government, as soon as possible, on the completion of adjudication proceedings

Jurisdiction of National Tribunal

Industrial disputes involving questions of national importance. Industrial disputes which are of such a nature that industries in more than one state or likely to be interested in or affected by such disputes.

Procedure for Adjudication

A dispute is referred to any of adjudication machinery within 2 weeks from the date of receipt of the order of reference The parties involved in the dispute must file a statement of demands relating to issues which are included in the order of reference A copy of this statement must be given to each of the contending parties The authorities may extend the time limit for filing the statement.

 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.