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).
22
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.
[Explanation.—In this sub-section, “Labour Court” or “Tribunal” includes any Court or Tribunal
6
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).
23
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
Login with google