International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 8 Issue 4
July-August 2026

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Disputed Equilibrium: Unraveling the Complexities of India's Labour Justice

Author(s) Ms. Srishti Maheshwari
Country India
Abstract This paper examines the tension between social justice objectives and administrative discretion in India's labour dispute resolution framework, centered on Section 10(1) of the Industrial Disputes Act, 1947. It traces the origin of the government's power to refer industrial disputes for adjudication back to wartime emergency measures, arguing that this discretionary authority — originally intended to ensure speedy resolution — has instead produced chronic delays, unaccountable decision-making, and vulnerability to political interference. Drawing on case examples, the paper illustrates how this discretion has been exploited by state governments acting as interested parties, exposed workers to favouritism and corruption in conciliation proceedings, and undermined the constitutional promise of social and economic justice embedded in the Directive Principles of State Policy. Situating industrial conflict within a broader account of labour-capital tension under capitalism, the paper argues that meaningful reform requires insulating conciliators and tribunals from state control. It closes by evaluating the Industrial Relations Code, 2020 as a partial corrective, contending that residual government discretion — particularly over exemptions from standing orders and the definition of "industry" — must be further curtailed to prevent arbitrary exclusion of workers from statutory protection, especially as digitisation, the pandemic, and the gig economy reshape the labour landscape.
Keywords Industrial Disputes Act 1947, India labour law, Industrial Relations Code 2020, Section 10(1) discretionary power, labour justice India, industrial dispute resolution, labour legislation social justice, conciliation officer India, government discretion labour disputes, trade unions India, workers' rights India, industrial conflict capitalism, labour tribunal delays India, political interference labour disputes, gig economy labour reform India
Field Sociology > Administration / Law / Management
Published In Volume 8, Issue 4, July-August 2026
Published On 2026-07-24
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E-ISSN 2582-2160
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CrossRef DOI prefix of IJFMR is 10.36948/ijfmr

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