being declared as right and other side as wrong. One side wins and the other loses and therefore the court in any event cannot declare both sides as right. This is called Justice. Many transactions in human society become complicated because of this framework. Instead of conflict, harmony is a more important factor when we think of human relations. People do learn this ‘but law waits at the win-lose fork. It cannot be Win-Win situation which alone is long lasting.
For answers to questions concerned with running a household, for bringing up children, for marriage, no Hindu refers to or reads book on Hindu Law. That book becomes necessary when a matter of dividing family property arises or when one wants to take a divorce, or when one has to claim maintenance allowance. At that time you have to resort to lawyers, courts and books. These are or should be still rare occasions in one’s life and that is the experience of a common man. Generally the family disputes are settled by talks, adjustments and mutual settlements. It is still considered as below dignity to go to court for such matters. Still the relations of employers and workers working for the same establishment and whose livelihood depends on it.are based on disputes. People are attracted towards the courts.
According to Indian Tradition all initial clauses of the Industrial Disputes Act are referring to two- party settlements, conciliation, arbitration and finally the reference to court only if recommended by the Government. Similarly the lawyers cannot appear on behalf of any party unless accepted by the opponents. The bias apparently is inclined towards harmony between parties. Proceedings in a court of law is a last resort. Political leaders also deliver sermons on amity and harmony in industrial relations. However actual experience is in the opposite direction. The picture becomes clear when you look at the end of conciliation proceedings how many settlements are reached and how many failure reports are submitted. The disdain that is shown for conciliation is phenomenal. Both sides are keen to go to Courts. Everyone wants a third-party decision.No application of a labour union is generally rejected by the Labour Minister. Disputes ultimately end up in Courts.
When I started working as a Manager I went through all these steps and processes. I have gone to and fought cases for my company in Labour Courts, High Court and even up to the Supreme Court. Right of appeal to higher court is always an open option. When you make a bi-partisan agreement you are likely be cheated, or you are likely to be coerced into signing an agreement, so there is always a tendency to avoid making any agreement. Easier option is to go to Court. It is often mutually convenient. ,
I became acutely aware of the limitation of this adversarial 60 �
