ARBITRATION

1) Voluntary reference of dispute to

arbitration by the written agreement
between employer and workmen (section
10-A)
An industrial dispute which exists, if not
referred to labour court or Tribunal or
National tribunal may be referred to the
arbitrator.
 A copy of arbitration agreement must be forwarded to
the appropriate Government and conciliation officer.
The appropriate Government within 1 month from the
date of receipt of such copy must publish the same in
the official Gazette.
Arbitrator :- The arbitrator is the person who is specified
as arbitrator in the arbitration agreement between the
employer and workmen under section 10-A.The
presiding officer of the labour court, Tribunal or
National Tribunal may be appointed as an arbitrator.
Umpire :- Umpire has the right to enter upon the
dispute if the arbitrators are equally divided in their
opinions.
2) Procedure :- The arbitrator may follow such
procedure as it thinks fit to settle the disputes.
3) Publication of award [section 17(1)]
a) Commencement of award [section 17-A]:-An
arbitrator award becomes enforceable on the expiry
of thirty days from the date of its publication.
b) Commencement and conclusion of
proceedings before an arbitrator [section
20(3)] :-Proceedings before an arbitrator are
deemed to have commenced on the date on
which the voluntary reference of industrial
dispute is made to an arbitrator under
section 10-A of the act.
 COURT OF INQUIRY (section 6)
Court of inquiry is constituted when the occasion
arises for inquiring into any matter appearing to be
connected with or relevant to an industrial dispute.
1) Power of court of inquiry (section 11)
I. To enter the premises [section 11(2)]
A member of the court of inquiry may enter the
premises occupied by any establishment to which
the dispute relates. But such member enters the
premises after giving reasonable notice.
II. Examination of persons and inspection of
documents [section 11(3)] :- A member of the
court of inquiry has the same power as are vested
in a civil court under the code of civil procedure,
when trying a suit, in respect of matters, namely:-
a) Enforcing the attendance of any person and
examining him on oath.
b) Compelling the production of documents and
material objects.
c) Issuing commission for the examination of
witnesses.
d) In respect of such other matters as may be
prescribed.
III. Appointment of the assessor [section 11(5)]
A court of inquiry, if it so thinks fit, appoint
one or more persons having special knowledge
of the matter under consideration as assessor.
2) Duties of the court of inquiry (section 14)
i. To inquire into the matters referred to it by
the appropriate Government.
ii. To submit the report of inquiry to the
appropriate Government within a period of 6
months from the commencement of its
inquiry.
III. Report of the court of inquiry [section 16(1)]
The report of the court of inquiry shall be in writing
and shall be signed by all members of the court.
IV. Publication of the report of the court of inquiry
[section 17(1)]
Every report of the court of inquiry together with any
minute of dissent recorded therewith, within 30 days
of the receipt by the appropriate Government be
published in such manner as the appropriate
Government thinks fit.
3) Grievance settlement Authority and reference
of industrial dispute connected with an
individual workman (section 9-c)
Every industrial dispute connected with an
individual workman will be referred to
Grievance settlement authority. Such industrial
disputes connected with an individual workman
is referred to the authorities when the decision
of the Grievance settlement authority is not
acceptable to any of the parties to the dispute.
 Section 9-C
It come into force reads as under :-
1) Industrial establishment in which 50 or more
workmen are employed or have been employed
on any day in the preceding 12 months.
2) A workman or any trade union of workmen of
which such workman is a member in such a
manner as may be prescribed such dispute to
the grievance settlement authority provided for
by employer.
3) The Grievance settlement authority referred
to in sub-section (1) shall follow such
procedure and complete its proceedings
within such period as may be prescribed.
4) No reference shall be made w.r.t any
settlement in this section unless such dispute
has been referred to the Grievance
settlement authority.