Social and economic justice is the ultimate ideal for any industrial adjudication and the basis for this ideal lies in the guiding principles of social welfare, common good and the directive principles of state policy enshrined in the Constitution. The rationale behind legislation of Sec. 33 and Sec. 33A is to provide protection of an employee and a tribunal has jurisdiction to do complete justice between the parties with regard to the matter in dispute and also give such relief as the nature of the case may require. It seeks to protect the workmen concerned in the disputes which form the subject matter of the pending conciliation proceedings or proceedings by way of reference under Sec. 10 of the Act and to bring about the resolution of such disputes in a peaceful manner.
By Soumik Chakraborty Editor’s Note: The Industrial Disputes Act and other peripheral labor law legislations are socialistic, beneficial legislation, and must be interpreted in the best manner possible to favor the vulnerable sections of society. But at the same time attempts by parties to file frivolous and malicious suits based […]