Royal Commission on Labour in India: Report(1929)||
The other direction in which it has been suggested that compulsion 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 intelligible. 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 which they are unwilling to work, and the parties would thus enter into the arbitration on an unequal footing. Further, it seems to us that if an award is to command sufficient confidence to justify its enforcement, it must rest, like a judicial finding, on the application of criteria which are accepted beforehand by the public. In other words, the principles which are to guide the tribunal's decision must be formulated in legislation. Even in respect of wages, we doubt if any satisfactory criterion for an equitable, as distinct from a minimum, wage is available; and this is only one of the questions that can come before a tribunal.