10. Reference of disputes to Boards, Courts or Tribunals.—(1) 1
[Where the appropriate Government is
of opinion that any industrial dispute exists or is apprehended, it may at any time], by order in writing,—
(a) refer the dispute to a Board for promoting a settlement thereof; or
(b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry; or
2
[(c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it
relates to any matter specified in the Second Schedule, to a Labour Court for adjudication; or
(d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether
it relates to any matter specified in the Second Schedule or the Third Schedule, to a Tribunal for
adjudication:
Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to
affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference
to a Labour Court under clause (c):]
3
[Provided further that] where the dispute relates to a public utility service and a notice under section 22
has been given, the appropriate Government shall, unless it considers that the notice has been frivolously or
vexatiously given or that it would be inexpedient so to do, make a reference under this
sub-section notwithstanding that any other proceedings under this Act in respect of the dispute may have
commenced:
4
[Provided also that where the dispute in relation to which the Central Government is the appropriate
Government, it shall be competent for that Government to refer the dispute to a Labour Court or an Industrial
Tribunal, as the case may be, constituted by the State Government.]
5
[(1A) Where the Central Government is of opinion that any industrial dispute exists or is
apprehended and the dispute involves any question of national importance or is of such a nature that
industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute
and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not
it is the appropriate Government in relation to that dispute, at any time, by order in writing, refer the dispute or any
matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the
Second Schedule or the Third Schedule, to a National Tribunal for adjudication.]
(2) Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a
reference of the dispute to a Board, Court,
6
[Labour Court, Tribunal or National Tribunal], the appropriate
Government, if satisfied that the persons applying represent the majority of each party, shall make the
reference accordingly.
7
[(2A) An order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under
this section shall specify the period within which such Labour Court, Tribunal or National Tribunal shall
submit its award on such dispute to the appropriate Government:
Provided that where such industrial dispute is connected with an individual workman, no such period
shall exceed three months:
Provided further that where the parties to an industrial dispute apply in the prescribed manner,
whether jointly or separately, to the Labour Court, Tribunal or National Tribunal for extension of such
period or for any other reason, and the presiding officer of such Labour Court, Tribunal or National
Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in
writing, extend such period by such further period as he may think fit:
Provided also that in computing any period specified in this sub-section, the period, if any, for which
the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction
or order of a Civil Court shall be excluded:
1. Subs. by Act 18 of 1952, s. 3, for “If any industrial dispute exists or is apprehended, the appropriate Government may”.
2. Subs. by Act 36 of 1956, s. 7, for clause (c) (w.e.f. 10-3-1957).
3. Subs. by s. 7, ibid., for “Provided that” (w.e.f. 10-3-1957).
4. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
5. Ins. by Act 36 of 1956, s. 7 (w.e.f. 10-3-1957).
6. Subs. by Act 36 of 1956, s. 7, for “or Tribunal” (w.e.f. 10-3-1957).
7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
23
Provided also that no proceedings before a Labour Court, Tribunal or National Tribunal shall lapse
merely on the ground that any period specified under this sub-section had expired without such
proceedings being completed.]
(3) Where an industrial dispute has been referred to a Board, 1
[Labour Court, Tribunal or National
Tribunal] under this section, the appropriate Government may by order prohibit the continuance of any
strike or lock-out in connection with such dispute which may be in existence on the date of the reference.
1
[(4) Where in an order referring an industrial dispute to 2
[a Labour Court, Tribunal or National
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points
of dispute for adjudication, 3
[the Labour Court or the Tribunal or the National Tribunal, as the case may
be], shall confine its adjudication to those points and matters incidental thereto.
(5) Where a dispute concerning any establishment or establishments has been, or is to be, referred to a
4
[Labour Court, Tribunal or National Tribunal] under this section and the appropriate Government is of
opinion, whether on an application made to it in this behalf or otherwise, that the dispute is of such a
nature that any other establishment, group or class of establishments of a similar nature is likely to be
interested in, or affected by, such dispute, the appropriate Government may, at the time of making the
reference or at any time thereafter but before the submission of the award, include in that reference such
establishment, group or class of establishments, whether or not at the time of such inclusion any dispute
exists or is apprehended in that establishment, group or class of establishments.]
5
[(6) Where any reference has been made under sub-section (1A) to a National Tribunal, then
notwithstanding anything contained in this Act, no Labour Court or Tribunal shall have jurisdiction to
adjudicate upon any matter which is under adjudication before the National Tribunal, and accordingly,—
(a) if the matter under adjudication before the National Tribunal is pending a proceeding before a
Labour Court or Tribunal, the proceeding before the Labour Court or the Tribunal, as the case may
be, in so far as it relates to such matter, shall be deemed to have been quashed on such reference to
the National Tribunal; and
(b) it shall not be lawful for the appropriate Government to refer the matter under adjudication
before the National Tribunal to any Labour Court or Tribunal for adjudication during the pendency of
the proceeding in relation to such matter before the National Tribunal.
6
[Explanation.—In this sub-section, “Labour Court” or “Tribunal” includes any Court or Tribunal
or other authority constituted under any law relating to investigation and settlement of industrial
disputes in force in any State.]
(7) Where any industrial dispute, in relation to which the Central Government is not the appropriate
Government, is referred to a National Tribunal, then notwithstanding anything contained in this Act, any
reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the
appropriate Government in relation to such dispute shall be construed as a reference to the Central
Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any
other provision of this Act to the appropriate Government in relation to that dispute shall mean a
reference to the State Government.]
7
[(8) No proceedings before a Labour Court, Tribunal or National Tribunal in relation to an industrial
dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and
such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award
to the appropriate Government.]
1. Ins. by Act 18 of 1952, s. 3.
2. Subs. by Act 36 of 1956, s. 7, for “a Tribunal” (w.e.f. 10-3-1957).
3. Subs. by s. 7, ibid., for “the Tribunal” (w.e.f. 10-3-1957).
4. Subs. by s. 7, ibid., for “Tribunal” (w.e.f. 10-3-1957).
5. Ins. by s. 7, ibid. (w.e.f. 10-3-1957).
6. Ins. by Act 36 of 1964, s. 5 (w.e.f. 19-12-1964).
7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
24
STATE AMENDMENT
Karnataka
Amendment of Central Act XIV of 1947.—(1) In section 10 of the Industrial Disputes Act, 1947, as
amended by the Industrial Disputes (Madras Amendment) Act, 1949 (Madras Act XII of 1949),
sub-section (2A) shall be omitted.
(2) Section 10A of the Industrial Disputes Act, 1947, as inserted by the Industrial Disputes (Mysore
Amendment) Act, 1953 (Mysore Act 15 of 1953), shall be omitted.
[Vide Karnataka Act 1 of 1960, s. 2]
Karnataka
Amendment of section 10.—In the industrial Disputes Act, 1947 (Central Act 14 of 1947)
(hereinafter referred to as the principal Act), in section 10, after sub-section (4), the following sub-section
shall be inserted namely:—
“(4A) Notwithstanding anything contained in the section 9C and in this section, in the case of a
dispute falling within the scope of section 2A, the individual workman concerned may, within six
months from the date of communication to him of the order of discharge, dismissal, retrenchment or
termination or the date of commencement of the Industrial Disputes (Karnataka Amendment) Act,
1987, whichever is later, apply, in the prescribed manner, to the Labour Court for adjudication of the
dispute and the Labour Court dispose of such application in the same manner as a dispute referred
under sub-section (1).
Note.—An application under sub-section (4A), may be made even in respect of a dispute pending
consideration of the Government for reference, on the date of commencement of the Industrial
Disputes (Karnataka Amendment) Act, 1987.”
[Vide Karnataka Act 5 of 1988, s. 2]
1
[10A. Voluntary reference of disputes to arbitration.—(1) Where any industrial dispute exists or
is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at
any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National
Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person
or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an
arbitrator or arbitrators as may be specified in the arbitration agreement.
2
[(1A) Where an arbitration agreement provides for a reference of the dispute to an even number of
arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter
upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire
shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.]
(2) An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed
by the parties thereto in such manner as may be prescribed.
(3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the
conciliation officer and the appropriate Government shall, within 3
[one month] from the date of the
receipt of such copy, publish the same in the Official Gazette.
2
[(3A) Where an industrial dispute has been referred to arbitration and the appropriate Government is
satisfied that the persons making the reference represent the majority of each party, the appropriate
Government may, within the time referred to in sub-section (3), issue a notification in such manner as
1. Ins. by Act 36 of 1956, s. 8 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 6 (w.e.f. 19-12-1964).
3. Subs. by Act 36 of 1964, s. 6, for “fourteen days” (w.e.f. 19-12-1964).
25
may be prescribed; and when any such notification is issued, the employers and workmen who are not
parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of
presenting their case before the arbitrator or arbitrators.]
(4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate
Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be.
2
[(4A) Where an industrial dispute has been referred to arbitration and a notification has been issued
under sub-section (3A), the appropriate Government may, by order, prohibit the continuance of any strike
or lock-out in connection with such dispute which may be in existence on the date of the reference.]
(5) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to arbitration under this section.]
STATE AMENDMENT
Kerala
Insertion of new section 10B.—After section 10A of the Industrial Disputes Act, 1947 (Central Act
14 of 1947) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:-
“10B. Power to issue orders regarding terms and conditions of service pending settlement of
disputes.— (1) Where an industrial dispute has been referred by the State Government to a Labour
Court or Tribunal under sub-section (1) of section 10 and if, in the opinion of that Government, it is
necessary or expedient so to do for securing the public safety or convenience or the maintenance of
public order or supplies and services essential to the life of the community or for maintaining
employment or industrial peace in the establishment concerning which such reference has been made,
it may, by general or special order, make provision—
(a) for requiring the employers or workmen or both to observe such terms and conditions of
employment as may be specified in the order or as may be determined in accordance with the order,
including payment of money by the employer to any person who is or has been a workman;
(b) for requiring any public utility service not to close or remain closed and to work or continue to
work on such terms and conditions as may be specified in the order; and
(c) for any incidental or supplementary matters which appear to it to be necessary or expedient for
the purposes of the order:
Provided that no order made under this sub-section shall require any employer to observe terms and
conditions of employment less favourable to the workmen than those which were applicable to them at
any time within three months immediately preceding the date of the order.
Explanation.—For the purposes of this sub-section "public utility service" means—
(i) any section of an industrial establishment on the working of which the safety of the
establishment or the workmen employed therein depends;
(ii) any industry which supplies power, light or water to the public;
(iii) any industry which has been declared by the State Government to be a public utility
service for the purposes of this Act.
(2) An order made under sub-section (1) shall cease to operate on the expiry of a period of six months
from the date of order or on the date of the award of the Labour Court or the Tribunal, as the case may be,
whichever is earlier.
(3) Any money paid by an employer to any person in pursuance of any order under sub-section (1)
may be deducted by that employer from out of any monetary benefit to which such person becomes
entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may
be."]
[Vide Kerala Act 30 of 1979, s. 2 ]
26
Karnataka
Insertion of new section 10B.—After section 10A of the principal Act, the following section shall be
inserted namely:—
“10B. Power to issue order regarding terms and conditions of service pending settlement of
disputes.—(1) Where an industrial dispute has been referred by the State Government to a Labour
Court or a Tribunal under Sub-section (1) of section 10 and if in the opinion of the State Government
it is necessary or expedient so to do for securing the public safety or convenience or the maintenance
of public order or supplies and services essential to the life of the community or for maintain
employment or industrial peace in the establishment concerning which such reference has been made,
it may, by general or special order, make provision,—
(a) for requiring the employer or workman or both to observe such terms and conditions of
employment s may be specified in the order or as may be determined in accordance with the
order, including payment of money by the employer to any person who is or has been a workman;
(b) for requiring any public utility service not to close or remain closed and to work or
continue to work on such terms and conditions as may be specified in the order, and
(c) for any incidental or supplementary matter which appears to it to be necessary or
expedients for the purpose of the order:
Provident that no order made under this sub-section shall require any employer to observe terms and
conditions of employment less favorable to the workman than those which were applicable to them at any
time within the months immediately preceeding the date of the order.
Explanation.—For the purpose the this sub-section “public utility service” means,—
(i) any section of an industrial establishment on the working of which the safety of the
establishment or the workman employed therein depends;
(ii) any industry which supplies power, light or water to the public;
(iii) any industry which has been declared by the State Government to be a public utility service
for the purpose of this Act.
(2) An order made under sub-section (1) shall cease to operate on the expiry of a period of six months
from the date of the order or on the date of the award of the Labour Court or the Tribunal, as the case may
be, whichever is earlier.
(3) Any money paid by an employer to any person in pursuance of an order under sub-section (1),
may be deducted by that employer from out of any monetary benefit to which such person becomes
entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may
be.
[Vide Karnataka Act 5 of 1988, s. 3]
Rajasthan
Insertion of new section 10K. in Central Act 14 of 1947.-After section 10J of the principal Act, the
following new section shall be inserted, namely:-
"10K. State Government may lay down terms and conditions of employment and
prohibit strikes, etc.- (1) Notwithstanding anything contained in the Act, if in the opinion of the
State Government, it is necessary or expedient so to do, for securing the public safety or
convenience or the maintenance of public order or supplies and services essential to the life of the
community or for maintaining employment or maintaining industrial peace, it may by a general or
special order, make provision-
27
(a) for requiring employers, workmen or both to observe for such period as may be
specified in the order, such terms and conditions of employment as may be determined in
accordance with the order; and
(b) for prohibiting, subject to the provision of the order, strikes or lockouts generally
or a strike or lockout in connection with any industrial dispute.
(2) In case any industrial dispute is raised in respect of any provisions in the order of the State
Government made under sub-section (1) within a period of three months of the order, it shall be referred
by the State Government for adjudication to an Industrial Tribunal and the order shall lapse when the
award of the Tribunal becomes enforceable:
Provided, however, that the reference of the industrial dispute to adjudication shall not have the effect
of staying the operation of the order”.
[Vide Rajasthan Act 14 of 1970, s. 6]
Insertion of new Chapter III-A in Central Act XIV of 1947.- For section 10A of the principal Act,
the following new Chapter shall be inserted, namely:-
"CHAPTER III-A.
Arbitration.
10B. Submission.-(1) Any employer and a Representative Union or, in the absence of any registered
Representative Union, any other Union which is representative of employees may, by a written
agreement, agree to submit any present or future industrial dispute or class of such disputes to the
arbitration of any person whether such arbitrator is named in such agreement or not. Such agreement shall
be called a submission.
(2) A copy of every such submission shall be sent to the Registrar who shall register it in the register
to be maintained for the purpose and shall publish it in such manner as may be prescribed.
10C. Submission when revocable.-Every submission shall in the absence of any provision to the
contrary contained therein be irrevocable:
Provided that a submission to refer future disputes to arbitration may at any time be revoked by any
of the parties to such submission by giving the other party three months' notice in writing:
Provided further that, before the expiry of the said period of three months the parties may agree to
continue the submission for such further period as may be agreed upon between them.
10D. Proceedings in arbitration.-The proceedings in arbitration under this Chapter shall be in
accordance with the provisions of the Arbitration Act, 1940 (Central Act X of 1940) in so far as they are
applicable and the powers which are exercisable by a Civil Court under the said provisions shall be
exercisable by the Industrial Tribunal.
10E. Special case may be stated to Industrial Tribunal.- The arbitrator may refer any question of
law arising before him in any proceeding under this Act to the Industrial Tribunal for its decision. Any
award made by the arbitrator shall be in accordance with such decision.
10F, Award by arbitrator.-The arbitrator shall, after hearing the parties concerned, make an award
which shall be signed by him.
10G. Dispute to be referred to Industrial Tribunal if no arbitrator appointed.-Notwithstanding
anything contained in this Chapter, if no provision has been made in any submission for the appointment
of an arbitrator or where by reason of any circumstances no arbitrator is appointed, such dispute may be
referred by the State Government for adjudication by the Industrial Tribunal.
10H. State Government may refer industrial dispute to Industrial Tribunal for adjudication.-
(1) Notwithstanding anything contained in this Chapter the State Government may, at any time, refer an
industrial dispute for adjudication by the Industrial Tribunal, if on a report made by the Conciliation .
Officer or otherwise it is satisfied that-
(A) by reason of the continuance of the dispute-
(a) a serious outbreak of disorder or a breach of the public peace is likely to occur; or
28
(b) serious or prolonged hardship to a large section of the community is likely to be
caused; or
(c) the industry concerned is likely to be seriously affected or the prospects and scope for
employment therein curtailed; or,
(B) the dispute is not likely to be settled by other means; or
(C) it is necessary in the public interest to do so.
(2) When the State Government makes a reference to the Industrial Tribunal for adjudication of any
industrial dispute, any submission or any award of an arbitrator with regard to that industrial dispute shall
stand as cancelled.
10I. Notice of award to parties.- (1) The arbitrator or the Industrial Tribunal as an arbitrator, as the
case may be, shall forward copies of the award made by him or it to the parties, the Commissioner of
Labour, the Registrar and the State Government.
(2) On receipt of such award, the Registrar shall enter it in the register kept for the purpose.
10J. Completion of proceeding.- The arbitration proceeding shall be deemed to have completed
when the award is published under section 17."
[Vide Rajasthan Act 34 of 1958, s. 6]