Explain the term: Adjudication under the ID Act, 1947.

Question: Explain the term: Adjudication under the ID Act, 1947.

Find the question and answer of the Labour Law only on Legal Bites. [Explain the term: Adjudication under the ID Act, 1947.]

Answer

The Industrial Disputes Act, 1947 defines "Adjudication" under Section 2(k) as a judicial determination of a dispute or an issue between the employer and employee or between employers and employees or between employers and workmen or between workmen and workmen, by an adjudicating authority appointed under the Act.

In simple terms, adjudication refers to resolving disputes or issues between employers and employees or between workers or groups of workers, through a judicial process. This process involves the appointment of an adjudicating authority by the appropriate government, which could be a labour court, industrial tribunal, or national tribunal, depending on the nature and extent of the dispute.

Adjudication is an alternative dispute resolution mechanism provided under the Industrial Disputes Act, of 1947, which aims to provide a fair and just resolution of disputes and issues between employers and employees or between workers or groups of workers. The process of adjudication involves a hearing, examination of evidence, and a final decision by the adjudicating authority, which is binding on both the employer and the employee or workers involved in the dispute.

The decision made by the adjudicating authority is final and binding on both parties and is enforceable as a civil court decree. The adjudication process provides an opportunity for both parties to present their case and provide evidence, and the adjudicating authority considers all relevant factors, including the terms and conditions of employment, the nature of the dispute, and the interests of both parties, before making a decision. Adjudication is the final legal option for the settlement of an Industrial Dispute. It means a legal authority appointed by the government who intervenes in order to make a settlement which is binding on both parties.

In other words, a settlement of an Industrial dispute by a labour court or a tribunal is mandatory. For adjudication, the Act provides a piece of 3-tier machinery.

Labour Court

For the adjudication of industrial disputes relating to the specified matters in the second schedule of the act, the appropriate government may by notification constitute one or more labour court. Powers of labour courts are:

• Discharge or grant of relief to workmen who are wrongfully employed or dismissed.
• To determine the illegality of a strike or deadlocks.
• Customary concession or privileges are withdrawn by this court.
• Within the specified period the order referring to the dispute, its report is to be submitted to the appropriate government, whenever an industrial dispute adjudicating by the labour court.

Industrial Tribunal

For the adjudication of the industrial disputes, the appropriate government may, by notification constitute one or more industrial tribunals. Matters relating to the following are:

• Retrenchment of labour.
• Compensatory and other allowances and rules of the disciple in the workplace.
• If the company is in profit, then matter related to bonus and profit sharing.
• Work manual such as hours of working and intervals for rest.
• Wages and provident fund of workmen.
• The duty of the Industrial Tribunal to hold its proceedings fast and submit its report to the state government within the specified time given.

National Tribunal

The central government may, by notification in the official Gazette, constitute one or more National Tribunals for the adjudication of Industrial Disputes in:

• National matters.
• Matters in which industries are more than one state, or are affected by the outcome of the dispute.
• The duty of the National Tribunal to hold its proceedings fast and submit its report to the central government within the specified time given.