Objectives of the course
The appropriate governments hold the reins of industrial adjudication.
The scope and extent of discretion in referring a dispute as well as in
implementing a decision present complex questions and are areas of
interesting study. What are the international norms relating to industrial
adjudication? Are they followed in India? Is the statutory silence on the
criteria for adjudication conducive to bringing industrial peace? How did
the process of judicial review help evolving significant formulations on
certain core areas of industrial relations despite the statutory prescription of
finality of industrial adjudication? These problems are to be studied from a
critical angle and with a comparative thrust on development in other
common law countries.
The following syllabus prepared with these perspectives will be
spread over a period of one year.
1. Industrial Adjudication: Some Key concepts under
Industrial Disputes Act, 1947
1.2 Industrial Dispute
1.4 Appropriate Government
2. Constitutional Perspectives and Foundations
2.1 Constitutional authorization for institutional framework
(legislative entries, Article 323B).
2.2 Constitutional goals protecting capital and labour enshrined in
the fundamental rights and duties and the directive principles.
3. Access to adjudicatory Justice
3.1 Composition, Powers, Duties, Functions and Jurisdiction of
Labour Courts, Industrial Tribunals and National Tribunals.
3.2 Extent of governmental discretion: time, expediency and
matters for adjudication.
3.4 Limitations on discretion.
3.5 Political overtones and pressure tactics.
3.6 Judicial restraint or liberalism, the ideal juristic approach.
3.7 Direct access to adjudicatory authority by employer and
employee: Problem and perspectives.
3.8 International norms.
3.9 Comparative overview of access to adjudicatory process in the
U.K. and Australia.
4. Adjudicatory Process
4.1 Industrial adjudication as a modality of harmonizing interests of
capital and labour.
4.2 Impact on employer's prerogatives and employee's rights.
4.3 Silence of the statute on criteria for adjudication.
4.4 Equity and justice as guiding principle.
4.5 Industrial conflicts and the vistas of decisional process: a
4.6 Post natal control by government over adjudication.
5. Judicial Review of the Adjudicatory Process
5.1 Definition of “Award" case law.
5.2 Finality of decision making in adjudicatory process: a myth.
5.3 Jurisprudence of industrial adjudication: formulations through
constitutional remedies of writs and appeal.
5.4 Jurisdiction of the adjudicatory authority in respect of dismissal
6. Alternatives to Industrial Adjudication Under the
Industrial Disputes Act, 1994.
6.1 Collective Bargaining
6.2 Works Committee
6.3 Conciliation/ Mediation
6.4 Voluntary Arbitration