Voluntary reference of disputes to arbitration
The section 10 of the Act provides by voluntary reference of such dispute to arbitrators for the settlement of industrial disputes. Following provisions are made under the Act to achieve this purpose:
Where any industrial dispute exists or is apprehended and the same has not yet been referred for adjudication. To a Labour Court, Tribunal or National Tribunal, the employer and the workmen may refer the dispute. By a written agreement, to arbitration specifying the arbitrator or arbitrators. The presiding officer of a Labour Court or Tribunal or National Tribunal can also be named by the parties as arbitrator.
Provides for a reference of the dispute where an arbitration agreement to an even number of arbitrators. The agreement shall provide for the appointment of another person. If the arbitrators are equally divided in their opinion, as an umpire who shall enter upon the reference, and the award of the umpire. Also shall prevail and shall deem to be the arbitration award for the purposes of this Act.
Referred to in sub-section 1 an arbitration agreement shall be in such form. Also as may be prescribed shall be signed by the parties thereto in such manner.
To appropriate Government, a copy of the arbitration agreement shall be forwarded. Therefore, within one month from the date of the receipt of such copy the Conciliation Officer and the appropriate Government shall publish the same in the Official Gazette.
According to Section 10 A of the Act, where an industrial dispute has been referred to arbitration. And the persons making the reference represent the majority of each party satisfies the appropriate Government is satisfied that. Thus, the appropriate Government may, within the time referred above; issue a notification in such manner as may be prescribed.
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