But inspite of many arguments made against adjudication, it has come to stay in India and there are influential protagonists for it. Supporters of compulsory adjudication contend that adjudication, coercive though it may be, is superior to collective bargaining as collective bargaining settles a dispute on the principle of trial by combat where not the cause but the relative strength of parties actually triumphs. Compulsory arbitration, though imperfect, introduces an element of law and justice in the c...
... middle of paper ...
...uch a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes.
(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.
(3) A person shall not be qualified for appointment as the presiding officer of a National Tribunal [unless he is, or has been, a Judge of a High Court].
(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.
Supra note 2 at 301.
Supra note 1 at 668.
A.M. Sarma, Industrial Relations: Conception and Legal Framework, (Delhi: Himalaya Publishing House, 1992) at 81.
(1998) 1 LLJ 868.
Supra note 2 at 303.
Section 10 (1), Industrial Disputes Act, 1947.
Schedule III, Industrial Disputes Act, 1947.
Supra note 2 at 304.
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