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Report No. 58

Importance of collective bargaining

7.17. During all these years, however, both the trade unionists and the employers have expressed the feeling that the course so far followed by adjudicatory methods in dealing with industrial matters has indirectly, though unwittingly, stalled the progress of collective bargaining; and it is an accepted principle, on which there is no difference of opinion, that the best way to solve industrial disputes is to persuade the parties to come to an agreement by collective bargaining. If adjudication takes the place of collective bargaining, legalism pervades the proceedings and the spirit of trade-unionism and its independent philosophy do not thrive. It is in the light of this criticism that we formulated1 Question 8 with a view to considering which of the alternatives would least hinder the growth of collective bargaining. It was also our intention to find out which of the alternatives would reduce the burden on the dockets of the High Courts and the Supreme Court of miscellaneous industrial disputes.

1. Para. 8.1, supra.

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