V Adjudication means settling disputes

through intervention by the third party

appointed by the government. The law
provides the adjudication to be
conducted by the labor court, industrial
tribunal or national tribunals.
V The Industrial Disputes Act provides for
three-tier system of adjudication of
industrial disputes
V The cases either may be referred by government
to court after the receipt of failure report from
conciliation officer or directly by any party
V Labour courts and industrial tribunal may be
constituted by the state government while
national tribunal is constituted by the central
government.
R —onsist of 1 person only
> who is an independent person below 65yrs age
> is or has been the judge of high court
> has been a district judge for not less than 3
years
> has held any judicial office in india for not less
than 7 years\
R Duties of Labor —ourt are
> to hold adjudication proceedings expeditiously
> submit its award to the appropriate Govt as
soon as practicable on the conclusion of
proceedings.
V The legality of an order passed by an employer under
the standing orders.]
V The application and interpretation of a standing
orders.
V Discharge and dismissal of workmen and grant of
relief to them.
V Withdrawal of any statutory concession.
V Illegality or otherwise of any strikes or lock-outs.
V All matters not specified in the third schedule of
industrial dispute act, 1947. ½
 


 


R —onsists of one or more persons
> are or have been judge(s) of high court
> are or have been District judge(s) for a period
not less than 3 yrs
> hold or have held the office of the chairman or
any other member of the Labor Appellate
Tribunal for a period not less than 2 years.
R The govt may, if it thinks fit, also appoint two
persons as assessors to advise the tribunal in the
proceedings before it.
1)All matters within jurisdiction of labour courts,
2) Wages,
3) —ompensatory and other allowances,
4) Hours of work and rest intervals,
5) Leave with wages and holidays,
6) Bonus, Provident Fund and Gratuity,
7) Shift Working,
8) —lassification of grades,
9) Rules of Disciplines, and
10) Retrenchment and closure of establishment.
R The national tribunal shall be constituted by the
—entral government (only) when undertakings in
more than one state is affected by such
industrial dispute and is of ¶national
importance·.
R —onsists of one person only,
> who has been a judge of high court
> has held the office of the chairman or any
other member of the Labor Appellate Tribunal
for a period not less than 2 years.
R The govt may, if it thinks fit, also appoint two
persons as assessors to advise the tribunal in the
proceedings before it.
V involve the questions of national importance or
issues which are likely to affect the industrial
establishments of more than one state
V The proceedings at adjudication take unduly long
period. About 50 to 60 per cent of the cases are
decided in more than a year. And 25% of the
cases take between 6 to 12 months. The state of
the implementation of awards (requiring
implementation) is also not very commendable.
30 to 40 per cent awards are not implemented
by the date of enforcement. Incomplete and
abrupt implementation of awards creates
suspicions in the minds of workers and shakes
their faith in the machinery.
V Adjudication has been the most popular
measure of resolving disputes accounting for
more than 90 per cent of the disputes every
year.
V However, adjudication is not a democratic
method and may create bitterness among the
parties. It tends to encourage litigation and
irresponsible behaviour among employers
and labour.