Amendment status not verified — confirm the current text below against the official source.
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 the relation to which the Central Government is the appropriate Government, it shall be competent for the 1 Subs. by Act 18 of 1952, Section 3, for “If any industrial dispute exists or is apprehended, the appropriate Government may”. 2 Subs. by Act 36 of 1956, Section 7, for clause (c) (w.e.f. 10.3.1957). 3 Subs. by Act 36 of 1956, Section 7, for “Provided that” (w.e.f. 10.3.1957). 4 Ins. by Act 46 of 1982, Section 8 (w.e.f. 21.8.1984). 8(1) The Industrial Disputes Act, 1947 Government to refer the dispute to a Labour Court or an Industrial Tribunal, as the case may be, constituted by the State Government.] 1[(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, 2 [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. 3[(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: 1 Ins. by Act 36 of 1956, Section 7 (w.e.f. 10.3.1957). 2 Subs. by Act 36 of 1956, Section 7, for “or Tribunal” (w.e.f. 10.3.1957). 3 Ins. by Act 46 of 1982, Section 8 (w.e.f. 21.8.1984). The Industrial Disputes Act, 1947 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: 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. 2[(4) Where in an order referring an industrial dispute to 3[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, 4[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 5[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.] 1 Subs. by Act 36 of 1956, Section 7, for “or Tribunal” (w.e.f. 10.3.1957). 2 Ins. by Act 18 of 1952, Section 3. 3 Subs. by Act 36 of 1956, Section 7, for “a Tribunal” (w.e.f. 10.3.1957). 4 Subs. by Act 36 of 1956, Section 7, for “the Tribunal” (w.e.f. 10.3.1957). 5 Subs. by Act 36 of 1956, Section 7, for “Tribunal” (w.e.f. 10.3.1957). 8(1) The Industrial Disputes Act, 1947 1[(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 in 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. 2[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.] 3[(8) No proceedings pending 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.] Case Law 1 Ins. by Act 36 of 1956, sec, 7 (w.e.f. 10.3.1957). 2 Ins. by Act 36 of 1964, Section 5 (w.e.f. 19.12.1964). 3 Ins. by Act 46 of 1982, Section 8 (w.e.f. 21.8.1984). The Industrial Disputes Act, 1947 ‘Authority’ Meaning As per the permission given in Supreme Court order, in case of fresh dispute, to approach authority in accordance with law. It was held that “authority” here meant authority under statute, namely, reference in terms of section 10 of Industrial Disputes Act and not High Court; Rourkela Shramik Sangh v. Steel Authority of India Ltd., (2003) I LLJ SC 849. Conclusion of a proceeding Proceedings under the Industrial Disputes Act, 1947 on a reference under section 10(l)(c) do not conclude till after the expiry of 30 days from the date of the publication of the award. During this interregnum, an aggrieved party is entitled to move an application for the setting aside of an ex parte award and the Labour Court does not become functus officio; Punjab State Seeds Corporation Ltd. v. The Presiding Officer, Labour Court, 1994 LLR 452 (P&H). No requirement of Notice It is not necessary to issue notice to the employer nor consider their objections nor to hear them before making reference by the Competent Government and the Tribunal should adjudicate on merits; General Insurance Employees’ Association (South Zone) v. Presiding Officer, Industrial Tribunal, Madras, (2002) IV LLJ (Supp) Mad 855. Period of Limitation The reference sought for by the workman cannot be said to be delayed or suffering from a lapse particularly when law does not prescribe any period of limitation for raising a limitation under section 10 of the Act; S.M. Nilajkar v. Telecom District Manager, (2003) 4 SCC 27. Requirement to make reference The real test for making a reference is whether at the time of reference dispute exists or not and when it is made it is presumed that the State Government is satisfied that natural justice is still subsisting and so the Labour Court cannot go behind the reference; U.P. State Electricity Board v. Presiding Officer, Labour Court, Varanasi, (2002) IV LLJ (Supp) NOC 1045. It is not open to the Government to go into the merit of the dispute concerned. Once it is found that an industrial dispute exists then it is incumbent on the part of the Government to make reference. It cannot itself decide the merit of the, dispute; K.R. Bhagat v. State of Maharashtra, 1994 LLR 363 (Bom). Government cannot decline to make reference for laches committed by the workman; Hari Chand v. State of Haryana, 1994 LLR 549 (P&H). It is well-known that satisfaction of the appropriate authority in the matter of making a reference under section 10 (1) of the Industrial Disputes Act is a subjective satisfaction. Unless perversity ex facie can be shown the order of reference should not be questioned at its inception; Aviqruipo of India Ltd. v. State of West Bengal, 1994 LLR 618 (Cal). 8(1) The Industrial Disputes Act, 1947 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 purpose 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. 4[(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 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. 1 Ins. by Act 36 of 1956, Section 8 (w.e.f. 10.3.1957). 2 Ins. by Act 36 of 1964, Section 6 (w.e.f. 19.12.1964). 3 Subs. by Act 36 of 1964, Section 6, for “fourteen days” (w.e.f. 19.12.1964). 4 Ins. by Act 36 of 1964, Section 6 (w.e.f. 19.12.1964). The Industrial Disputes Act, 1947 1[(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 arbitrations under this section.] 1 Ins. by Act 36 of 1964, Section 6 (w.e.f. 19.12.1964). The Industrial Disputes Act, 1947 CHAPTER IV PROCEDURE, POWERS AND DUTIES OF AUTHORITIES