Section 10 of Industrial Disputes Act 1947 Bare Act & Notes
Reference of Disputes
Any industrial disputes should have to refer by the Appropriate Government under section 10 for adjudication, to the Conciliation Board, Labour Court, Court of Inquiry or Industrial Tribunal or National Tribunal.
Reference of disputes to various Authorities:
A matter is referred to the Conciliation Board for promoting the settlement of the disputes. The Conciliation Board is to promote settlement and not to adjudicate.
But if the purpose of reference of the matter is investigatory instead of conciliatory or adjudicatory, it should be referred to the Court of Inquiry. Again, if the matter is related to the Second Schedule or Third Schedule, it is referred to the Labour court.
On the other hand, any matter of the industrial disputes which may relate to the Second Schedule or Third Schedule may refer to the Industrial Tribunal.
Where the disputes relate to public utility service and a notice of the same is given, it becomes mandatory of the Appropriate Government or the Central Government to refer the matter for adjudication. But the power of the Appropriate Government to refer is discretionary and it is open to judicial review.
Reference of disputes to National Tribunal involving the question of importance, etc:
When industrial disputes are of national importance or they are likely to affect the industrial establishments situated in more than one state then they are referred to the National Tribunal by the Appropriate Government for adjudication. Again if any matter referred to National Tribunal is pending in a proceeding before a Labour Court or Tribunal, the proceeding before Labour Court or Tribunal becomes invalid. On the other hand, it is not lawful to refer any matters which are under adjudication before the National Tribunal to Labour Court or Tribunal.
Reference on the application of parities:
If a person individually or jointly applies any matter in a prescribed manner to the Conciliation Board, Labour Court, and Court of Inquiry, Industrial Tribunal or National Tribunal for adjudication and the Appropriate Government on being satisfied on the same specify such time limit as it these proper to submit the award.
The time limit for submission of awards:
Section 10 (2A) of the Act specifies the time for submitting an award by the Appropriate Government, when any reference is made to the Labour Court, Industrial Tribunal, or National Tribunal for adjudication.
Voluntary Reference of Disputes To Arbitration:
The settlement of industrial disputes may be done through voluntary reference under section 10-A.
- When an industrial dispute is not referred to Conciliation Board, Labour Court, and Court of Inquiry, Industrial Tribunal or National Tribunal for adjudication, the employer and the workmen through a written agreement forward the matter for arbitration specifying the names of the arbitrator.
- The arbitration agreement should be made in the prescribed form and should be signed by the parties.
- Within one month from the receipt of the arbitration agreement which should be forwarded to Appropriate Government and the Conciliation officer, a copy of the same has to be published in the Official Gazette.
- The arbitrator or arbitrators shall have to investigate the disputes and submit to the Appropriate Government the award.
- The award should be signed by the arbitrator or the arbitrators.
- The strike or lock-out in connection with the disputes should be prohibited by an order of the Appropriate Government.
According to [Sec 10 (1-A)] dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one State, whether it relates to any matter specified in the Second Schedule or the Third Schedule, the government will order in writing refer to National Tribunal for adjudication.
According to [Sec 10 (2)] when parties in the industrial dispute apply to the government to refer the dispute to the National Tribunal and if government satisfies it shall make the reference to the National Tribunal.
The Central Government shall appoint a National Tribunal consisting of one person only.
- A person to be appointed a presiding officer of a National Tribunal must be, or
- must have been, a judge of a High Court or
- must have held the office of the chairman or
- any other member of the Labour Appellate Tribunal for not less than two years.
The Central Government may appoint two persons as assessors to advise the National Tribunal.
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