State of Bombay v. The Hospital Mazdoor Sabha, 960 AIR 610, 1960 SCR (2) 866: Critical Analysis

  • Manav Kirtikumar Thakkar
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  • Manav Kirtikumar Thakkar

    Student at Symbiosis Law School, Hyderabad, Symbiosis International (Deemed University), India

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The Industrial Disputes Act of 19471 was created to avoid industrial unrest, allow for peaceful resolution of labour disputes, and protect employees from exploitation and mistreatment by their employers. The Act anticipates pragmatic and dependable talks with the help of the Act's mediation system. If the parties' disagreement cannot be settled peacefully through consensus, the labour court system and industrial tribunals established under the act to adjudicate industrial conflicts are expected to deal with referrals as early as possible in order to do equality for both the employees and the employer in accordance with the approved definition of social justice. The act broadened the definitions of "industry" & "industrial dispute" to include a wide variety of industrial operations, ensuring that industrial issues are addressed in a way that is more comparable to mediation and settlement than conventional legal procedures and concepts. Capital-labour conflicts should now be settled on social standing as opposed to a contract-based basis. The ideas outlined above, which define 'industry' in its broadest sense and “sovereign functions within a circumscribed circle,” have had a significant impact on industrial adjudication. As a result, an entity cannot be excluded from the act purely based on the personal opinions of a judge.


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International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 585 - 598


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