Hi Could anyone please highlight what excatly (if any) are the key points of technical difference between Compulsory Arbitration and Adjudication? Is there any technical/legal difference at all between these two terms or there is no difference as such and it is just another 2 different bookish terminologies for the same law? A detailed explanation would be really appreciated please. Thanks. Brandon
From India, Calcutta
4From India, Calcutta
Please follow the post by binubabu which is available in the following link. https://www.citehr.com/91631-types-a...mportance.html Compulsory Arbitration is an tool of Joint Consultative Machinery formed for settlement of disputes of Central Government employees. It can not be synonymous to Adjudication the order passed of which is binding as judicial order. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
[quote=Madhu.T.K;603657]Please follow the post by binubabu which is available in the following link. https://www.citehr.com/91631-types-a...mportance.html Compulsory Arbitration is an tool of Joint Consultative Machinery formed for settlement of disputes of Central Government employees. It can not be synonymous to Adjudication the order passed of which is binding as judicial order. Regards, Madhu.T.K Hello Sir Thanks for your response; however, under the link you provided, the discussion is limited to 'Voluntary & Compulsary Arbitration'. If I understand you correctly, 'Comulsory Arbitration' arises only in the case of Central/State Govt. employees? Also, is the Private sector free to refer any dispute to the Adjucatory machinery comprising of Labour Courts, Industrial Tribunals and National Tribunals; or, they can only do so after seeking approval from the appropriate Govt? Moreover, I understand that the awards given under Compulsary Arbitration are binding on the parties to the dispute? You see, in many books on Labour Laws, the difference between Compulsary Arbitration and the Adjudicatory machinery hovers over a very fine line, and that adds to the confusion. I could also not come across any clarifying article on the net for the same so seeking the valuable help of veterans like you in the HR field in clarifying the points I mentioned above. Hope you don't mind, sir. Thanks&Regards Brandon
From India, Calcutta
From India, Calcutta
As I understand, in Indian context Compulsory Arbitration stands for redressal of disputes of government employees under Joint Consultation Machinery. In private sector, voluntary arbitration and adjudication are the machinery for settlement of disputes. A dispute can be referred to adjudication by the government if it finds that there exists an industrial dispute. It is done when arbitration (voluntary) fails to settle the dispute and when any one of or both the parties to the dispute seek intervention of the government for adjudication. However, a dispute can be referred to adjudication by an employee or group of employees directly also. The order passed by arbitration is not judicial or quasi judicial and if not enforced, the award ceases to exist whereas award of adjudication will be binding on the parties. Please try the following link. But I am not sure whether the same is written in Indian context. Types of arbitration MBA Notes on Types of arbitration, Regards, Madhu.T.K
From India, Kannur
From India, Kannur
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