Type:Trigger Frequency: Quarterly

Action to be taken:
Where an Industrial Dispute exists or is apprehended, if the workmen and the employer agree to refer the dispute to arbitration by a written agreement signed by with parties specifying the names of the arbitrators, the employer must:

(a) Accept the award of the arbitrators, or if they are equally divided, the award of the umpire
(b) Forward a copy of the arbitration agreement to the appropriate government and the conciliation officer


Audit Requirement:
Where an Industrial Dispute has been referred for arbitration voluntarily, has the arbitration award been accepted and copies of the arbitration agreement forwarded to the appropriate authorities ?

Supporting Documents:
Details of Arbitration Cases

Related Triggers:
Award Under the ID Act
Proceedings Under The ID Act or State ID Act
Settlement/Agreement With Workmen

Related Keywords:
Arbitration Proceedings
Award
Dispute, Industrial Dispute
Settlement/Agreement With Workers

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Related Sections:
Industrial Disputes Act, 1947
Chapter:Reference of disputes to boards, courts or tribunals| 10-A: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 to 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 of Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.
[(1-A) 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 [one month] from the date of the receipt of such copy, publish the same in the Official Gazette.
[(3-A) 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 by are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators.]
(4) The arbitrator of 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.
[(4-A) Where an industrial dispute has been referred to arbitration and the notification has been issued under sub-section (3-A), 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.]