Filling of Vacancies and Compulsory Adjudication

1149 WordsJul 15, 20185 Pages
Filling of vacancies If a vacancy occurs in the office of the presiding officer of a labour court, or tribunal, or in the office of the chairman or any other member of a board or court the appropriate government shall appoint another person in accordance with the provisions of this Act to fill in the vacancy. Any vacancy in the office of presiding officer of a national tribunal shall be filled in by the central government in the like manner. Critical evaluation of Compulsory Adjudication The use of compulsory arbitration has raised controversies in India and opinions are widely divided about its utility and efficacy in maintaining industrial peace and securing to the workers their just demands. Nevertheless there does not appear any…show more content…
In the prevailing state of trade unionism in India, compulsory arbitration has conferred more benefits on worker than a divided trade union movement could have been able to achieve. Compulsory adjudication might have, to some extent weakened collective bargaining, but has helped the workers in many poorly organized sectors in securing gains. Arguments against compulsory adjudication Relating to its principle The main argument against the principle of compulsory adjudication and arbitration is that it lead to an authoritarian imposition of the terms and condition of employment and suppresses the possible self-governance in industries based upon the democratic freedom of the parties to resolve their disputes through collective bargaining. In a democratic society, industrial democracy, implying collective and joint determination of the terms and conditions of employment and the settlement of their disputes by the parties themselves without any outside interference, is no less important than political democracy. It is contended that the parties should be free to work out their relations and sort out their problems by mutual discussions and negotiations, if possible, and even by strikes and lock outs, if necessary. According to this view-point, the use of coercive economic power by one party against the other is preferable to the use of the coercive power of the state to impose a settlement on the parties. The success of

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