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10 Indian J.L. & Just. 277 (2019)
Functioning of Adjudication Machinery under the Industrial Disputes Act, 1947 in West Bengal

handle is hein.journals/ijlj10 and id is 475 raw text is: Functioning of Adjudication Machinery under the Industrial Disputes Act, 1947 in West Bengal Kallol Dutt' Dr. Debasish Biswas2 Dr. Tarak Nath Sahu3 Abstract This study attempts to examine the functioning of adjudicating machinery under the Industrial Disputes Act, 1947 in West Bengal during the period from 1991 to 2015 i.e., entire post globalisation period. During the study period the mean rate of disposal per year is 16.4% which is quite low. Again, on an average, in 34 cases per year there are complaints regarding violation of award. If we deduct the cases of award violation, the effective rate of disposal comes to around 13.83%. During the same period the mean rate of award violation is 15.65% which is quite high. If the cases where the parties preferred appeal before higher Courts are considered the rate of disposal will fall further. The study shows that adjudication as a means of settling industrial disputes is not serving its purpose. Key Words: Industrial Jurisprudence, Industrial Relations, Labour Laws, Labour Disputes, Dispute Resolution 1.Introduction Industrial Disputes Act, 1947 provides machinery for peaceful resolution of industrial disputes and to promote harmonious relation between employers and workers. The Act seeks to pre-empt industrial tensions, provide the mechanics of dispute resolutions and set up the necessary infrastructure so that the energies of partners in production may not be dissipated in counterproductive battles and assurance of industrial peace may create a congenial climate. The Act enumerates the contingencies when a strike or lock-out can be lawfully resorted to, when they can be declared illegal or unlawful, conditions for laying off, retrenching, discharging or dismissing a workman, circumstances under which an industrial unit can be closed down and several other matters related to industrial employees and employers. To create conducive industrial relation climate, recent HR practices stress upon replacing adversarial relation between the management and the workers and trade unions by a collaborative relation. Again, in many new 1 Research Scholar, Department of Business Administration Vidyasagar University, Midnapore, West Bengal 2 Assistant Professor , Department of Business Administration, Vidyasagar University, West Bengal 3 Assistant Professor, Department of Commerce with Farm Management, Vidyasagar University, West Bengal 277

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