Page 234 - DMGT406_HUMAN_RESOURCE_MANAGEMENT

Unit 13: Industrial Relations

When both parties, at their own accord, agree to refer the dispute to adjudication, it is obligatory Notes
on the part of the government to make a reference. When a reference to adjudication is made by
the parties, it is called Voluntary Adjudication.
On the other hand, when reference is made to adjudication by the government without the
consent of either or both the parties to the dispute, it is known as Compulsory Adjudication.

Three-tier System of Adjudication

The Industrial Disputes Act, 1947 provides for a three-tier system of adjudication:
1. Labour Courts
2. Industrial Tribunals

3. National Tribunals
These are the adjudicating bodies which decide the disputes referred to them by the appropriate
government and pass their awards.

Labour Courts

These adjudicate upon disputes listed in Schedule II of the Act. One or more labour courts may
be constituted by the appropriate government for adjudicating on industrial disputes.
The labour court has no power whatever except those powers which can be traced to a statute, to
statutory rule or a statutory instrument. It has no provisionary jurisdiction, i.e., it cannot act as
a guardian for an industrial establishment.
Further, though the labour court does not have jurisdiction over the matters specified in the
third schedule, where the disputes relate to any matter specified in the third schedule, and is not
likely to affect more than 100 workers, the appropriate government may if it thinks fit, refer the
dispute to a labour court.
Jurisdiction
The jurisdiction of labour courts extends to the adjudication of the following disputes relating to
matters specified in the second schedule.
1. The property or legality of an order passed by an employer under the Standing Orders.
2. The application and interpretation of Standing Orders.

3. Discharge or dismissal of workers including reinstatement of, or grant of relief to, workers
wrongfully dismissed.
4. Withdrawal of any customary concession or privilege.

5. Illegality or otherwise of a strike or lockout.
6. All matters other than those specified in third schedule of the act.

Industrial Tribunals

It adjudicates upon disputes listed in Schedule II or III of the Act. The appropriate government
may appoint one or more industrial tribunals for the adjudication of industrial disputes relating
to any matter. The matters that are in the form of new demands and give rise to industrial
disputes that affect the working of company or industry are usually referred to an Industrial
Tribunal. The Industrial Tribunal may be appointed for limited period or on ad hoc basis or
permanently.

LOVELY PROFESSIONAL UNIVERSITY 227