Report of the Royal Commission on Labour in India

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Monograph

Identifikator:: 1850495947

URN:: urn:nbn:de:zbw-retromon-233603

Document type:: Monograph

Title:: Report of the Royal Commission on Labour in India

Place of publication:: London

Publisher:: His Majesty's Stationery Off.

Year of publication:: 1931

Scope:: xviii, 580 S.; graph. Darst., Kt.

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XVIII. - Industrial disputes

Collection:: Economics Books

INDUSTRIAL DISPUTES. 245 By so doing we may be able to stimulate thought on these questions in advance of the time when it will be necessary to make a decision. Demand for Compulsion. We note in the first instance the anxiety of a section of public opinion for the introduction of the principle of compulsion, either by making obligatory the reference of disputes to arbitration or by the enforcement of the awards of such tribunals as may be appointed to deal with disputes. As regards the compulsory reference of disputes to arbi- bration, there is in every important dispute a tendency for a section of public opinion to demand official action. This is due, in the main, to a feeling that in most industries the lack of organisation on the part of the workers makes it difficult for them to state their case effectively and to press their just claims. This is a point of view with which we have a considerable measure of sympathy. Wo are also impressed by the success which has attended the efforts of committees or individual arbitrators in the past, but it must be remembered that such authori- ties have generally been appointed only in cases where there was a distinct possibility of their achieving success. Objections to Compulsion. On the other hand, the objections to any scheme involving the compulsory reference of all disputes to arbitration are formidable, quite apart from the practical difficulties that confront such a proposal. We believe that the effect on industry would be disastrous if there was a general tendency to look to some external authority to preserve industrial peace and to discourage settlement by the industry itself. Bus, if it is accepted that every dispute cannot be referred, it follows that discretion must remain with some authority to determine when the statutory machin- ery should be invoked, and it is difficult to suggest any better authority than Government for this purpose. We hope, however, that, in the re- maining period for which the present Act will be in operation, Govern- ments will lose no opportunity of utilising their power to appoint Boards or Courts when they believe that this action will serve some useful purpose. There seems to be a tendency at present for Government to withhold their hand until a dispute has attained serious magnitude and constitutes a threat to the public peace. There may be a case for the appointment of a tribunal, even if there is little danger of disturbance and no clamant demand for action on the part of the public. - Enforcement of Awards. The other direction in which it has been suggested that compul- sion should be applied is in respect of the enforcement of awards. The View that a finding reached by a properly balanced and quasi judicial body should not be liable to rejection by either of the parties is intelli- gible. Moreover advocates of this view can point to the embodiment of it in certain legislation elsewhere. We doubt, however, if those who advocate it are fully conscious of the difficulties involved. It would be impossible to coerce large numbers of men into accepting terms on

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