The document discusses voluntary arbitration under the Industrial Dispute Act 1947. It provides that under Section 10A, if an industrial dispute exists or is apprehended, the employer and workmen can agree in writing to refer the dispute to arbitration. The arbitration agreement must specify the arbitrator(s) and be forwarded to the appropriate government within a month of signing. Once published, the government will prohibit strikes or lockouts related to the dispute. Section 10A allows voluntary arbitration even if other dispute resolution processes are ongoing.
The document discusses voluntary arbitration under the Industrial Dispute Act 1947. It provides that under Section 10A, if an industrial dispute exists or is apprehended, the employer and workmen can agree in writing to refer the dispute to arbitration. The arbitration agreement must specify the arbitrator(s) and be forwarded to the appropriate government within a month of signing. Once published, the government will prohibit strikes or lockouts related to the dispute. Section 10A allows voluntary arbitration even if other dispute resolution processes are ongoing.
The document discusses voluntary arbitration under the Industrial Dispute Act 1947. It provides that under Section 10A, if an industrial dispute exists or is apprehended, the employer and workmen can agree in writing to refer the dispute to arbitration. The arbitration agreement must specify the arbitrator(s) and be forwarded to the appropriate government within a month of signing. Once published, the government will prohibit strikes or lockouts related to the dispute. Section 10A allows voluntary arbitration even if other dispute resolution processes are ongoing.
The document discusses voluntary arbitration under the Industrial Dispute Act 1947. It provides that under Section 10A, if an industrial dispute exists or is apprehended, the employer and workmen can agree in writing to refer the dispute to arbitration. The arbitration agreement must specify the arbitrator(s) and be forwarded to the appropriate government within a month of signing. Once published, the government will prohibit strikes or lockouts related to the dispute. Section 10A allows voluntary arbitration even if other dispute resolution processes are ongoing.
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Industrial Dispute Act 1947
Voluntary reference of Dispute to Arbitration
Sec 10A: Voluntary Reference of disputes to arbitration. 1. Where any industrial dispute exists or is apprehended 2. The employer and workmen agree to refer the dispute to arbitration. 3. Such reference must be made before the dispute is referred under section 10 4. There must be an written agreement between the parties to refer the dispute for arbitration and the names of the persons to act as arbitrator must be specified in the agreement. 5. The reference shall be made to such person including the Labour Court, Tribunal and National Tribunal as arbitrator as specified in the arbitration agreement. 6. If the arbitration agreement provides for reference of dispute to even number of arbitrators, then agreement must provide appointment of another person as an Umpire. 7. A copy of arbitration agreement shall be forwarded to appropriate government and conciliation officer, which shall be published in the Official Gazette within one month. 8. When the reference to arbitration is published in Official Gazette the Appropriate Government shall prohibit continuance of strike and lockout. Voluntary Arbitration under Industrial Dispute Act • Object: To enable the employer and employees to voluntarily refer their disputes to arbitration themselves by a written agreement.
The reference of a dispute to arbitration under section 10A can be made even if the conciliation proceeding are pending before the conciliation officer or reference has been already made to Board or the Courts of Inquiry. Karnal Sanghathan Vs Liberty Footwear Company Once the parties have chosen the remedy under section 10 A, the Government cannot refer the same dispute for adjudication under section 10.If any such reference is made, it is invalid. Voluntary Arbitration under Industrial Dispute Act • The arbitrator may be a private person or can even be the presiding officer of Labour Court, Tribunal or National Tribunal.
Procedure to be followed by the arbitrator
KP Singh Vs Gokhale
The arbitrator may conduct any proceedings in any manner he thinks fit so long as he acts in accordance with the principles of natural justice, equity and good conscience. Voluntary Arbitration under Industrial Dispute Act Umpire Where the arbitrators are equally divided in their opinion, the award of the umpire shall prevail.
Publication of Arbitration Agreement
Moorco Ltd Govt of TN Publication of Arbitration award is mandatory and non compliance will render the arbitration proceeding and award invalid. Difference between Sec 10 and Sec 10A
Section 10 Section 10A
• Reference of industrial dispute • Reference of Industrial Dipsute is by the Government either on its Voluntary i.e. Employer and own or on application of the Workmen parties • Adjudicators are chosen by the • Arbitrators are chosen by the Appropriate government parties to the dispute.
