Judicial Intervention and Industrial Relations: Exploring Industrial Disputes Cases in West Bengal

This paper examines a relatively neglected dimension of industrial relation in India, namely judicial intervention in industrial disputes. Through an interrogation of judicial intervention in capital-labour disputes in the state of West Bengal, the paper makes an original contribution to the literature. Through quantitative as well as qualitative examination of court cases, the paper addresses some important questions concerning the nature of judicial intervention. Does the declining force of trade union movements signify a corresponding shift to judicial recourse or an increasing pro-labour judiciary? How are the disputes read by the judiciary: do they adhere to a strict legalistic understanding or does their intervention involve going beyond the letter of the law? Is there uniformity in the nature of verdicts along the spectrum of the judiciary, ie, from the labour tribunals to the higher judiciary (High Court/Supreme Court)? Through an extensive case study of court judgments from labour tribunal to High Court to Supreme Court (where applicable), the paper situates the answers to these questions in the unique context of the sub-state of West Bengal with its specific political framework. Investigating the disjuncture between the legal prescriptions and their invisible implications, or between the jurisprudence at different levels, the paper provides clues to understanding not only the way judicial intervention plays out but also the way in which industrial relations are managed and understood in the context of West Bengal.