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INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016 Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI) |
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| Paper Title: | Genesis of Industrial Jurisprudence: Government's Discretion to refer Industrial Disputes for Adjudication |
| Authors Name: | smt.Supriya M.Swami |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJNRD_207720
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| Published Paper Id: | IJNRD1902008 |
| Published In: | Volume 4 Issue 2, February-2019 |
| DOI: | |
| Abstract: | Under the Industrial Disputes Act, Adjudication cannot be demanded by a disputant party as of right, it is purely left with the discretion of the government under section 10 of the Act. How and on what considerations, the power of the appropriate government should be exercised, the Indian judiciary has delivered a number of pronouncements to ensure a just and reasonable exercise of this power. Can courts ensure prevention of misuse of the reference power by laying down the broad rules of its exercise? The answer to this question requires an insight into the actual exercise of this power we are totally in dark about the dynamics of actual reference and the role of the conciliation officer in it. So is the position of time involved in reference, the dynamics of delay and its impact on industrial justice . Ramaswamy, an eminent scholar of Indian labour, rightly remarks that: The reference of disputes for adjudication is shrouded in mystery. It is a matter of conjective whether the recommendations of the conciliator carry any weight with the government. While it is impossible to gather hard evidence on the abuse of adjudication. The fact remains that the allegations of its abuse have never been vigorously and convincingly countered . This paper attempts to answer the above mentioned questions. It seeks to articulate the role of Appropriate Government in Industrial disputes Adjudication and reference as envisaged under the Industrial Disputes Act, 1947, the time taken in reference, the actual exercise of the reference power and the considerations influencing it, the dynamics of the reference syndrome and the impact of all these on the industrial justice dispensation. |
| Keywords: | Industry,Industrial Dispute,Adjudication,Govt power of reference |
| Cite Article: | "Genesis of Industrial Jurisprudence: Government's Discretion to refer Industrial Disputes for Adjudication", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.4, Issue 2, page no.38-53, February-2019, Available :http://www.ijnrd.org/papers/IJNRD1902008.pdf |
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2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID:IJNRD1902008 Registration ID: 207720 Published In: Volume 4 Issue 2, February-2019 DOI (Digital Object Identifier): Page No: 38-53 Country: Belagavi, Karnataka, India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijnrd.org/viewpaperforall?paper=IJNRD1902008 Published Paper PDF: https://www.ijnrd.org/papers/IJNRD1902008 |
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ISSN: 2456-4184
Impact Factor: 8.76 and ISSN APPROVED
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