The Industrial Disputes Act, 1947: Dispute Settlement (Sections 10 To 10-A, And, Sections 33 To 33-A Of The Industrial Disputes Act, 1947)

Abstract

Section 10 and Section 10-A of the IDA are the alternative remedies, that is, an industrial dispute can either be referred to Industrial Tribunal under Section 10 of the IDA or the parties can enter into an arbitration agreement and refer it to an arbitrator under Section 10-A of the IDA. Thus, once the parties have chosen their remedy under Section 10-A of the IDA, the Government cannot refer that dispute for adjudication under Section 10 of the IDA.  An arbitrator appointed under Section 10-A of the IDA has all the features of statutory arbitrator.  The Appropriate Government does not lack the power to make the reference in respect of the same industrial dispute which it once declined to refer. The only requirement for taking action under Section 10 (1) of the IDA is that there must be some material before the Appropriate Government enabling it to form, an opinion that an industrial dispute exists or is apprehended. Section 33 of the IDA imposes a ban on the common law contractual right of the employer to alter the conditions of service of a workman or to punish him by dismissal or otherwise during the pendency of proceedings before the industrial authorities. The underlying idea is that when a dispute has been referred to the authority (Board of Conciliation/Court of Inquiry/Industrial Tribunal) for conciliation or adjudication, as the case may be, the employer should maintain the status quo as regards the terms and conditions of employment of the workmen and maintain harmonious relations so as not to hamper consideration of the dispute in question by the authority concerned