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
by the Government either on its
own or on application of the
parties
• Adjudicators are chosen by the
Appropriate government
• Reference of Industrial Dipsute is
Voluntary i.e. Employer and
Workmen
• Arbitrators are chosen by the
parties to the dispute.