Section 10 of the Industrial Disputes Act 1947 - Reference of Disputes to Boards, Courts or Tribunals

Section 10 empowers the appropriate Government to refer an existing or apprehended industrial dispute to the statutory forum suited to the nature of the dispute. It regulates references to Boards, Courts of Inquiry, Labour Courts and Industrial Tribunals, while Section 10(1A) separately empowers the Central Government to refer qualifying disputes to a National Tribunal.

Section 10(1) - Power of the appropriate Government to make a reference

Where the appropriate Government is of opinion that an industrial dispute exists or is apprehended, it may at any time make an order in writing referring the dispute or relevant matter to the forum specified by the Act.

If a Third Schedule dispute is not likely to affect more than 100 workmen, the appropriate Government may, if it thinks fit, refer it to a Labour Court. For a public utility service dispute where notice under Section 22 has been given, the statutory proviso requires a reference unless the Government considers the notice frivolous or vexatious or considers a reference inexpedient. Where the Central Government is the appropriate Government, the Act also permits it to refer a dispute to a Labour Court or Industrial Tribunal constituted by a State Government.

Section 10(1A) - Reference to a National Tribunal

If the Central Government considers that an industrial dispute involves a 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 it, and considers that the dispute should be adjudicated by a National Tribunal, it may make a written reference to a National Tribunal. This power may be exercised whether or not the Central Government is otherwise the appropriate Government for that dispute.

Section 10(2) - Application by parties representing the majority

Where the parties apply in the prescribed manner, jointly or separately, for a reference to a Board, Court, Labour Court, Tribunal or National Tribunal, and the appropriate Government is satisfied that the applicants represent the majority of each party, the Government shall make the reference accordingly.

Section 10(2A) - Period for submission of award

An order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal must specify the period within which the award is to be submitted to the appropriate Government. Where the dispute is connected with an individual workman, the specified period must not exceed three months. The provision permits extension for reasons recorded in writing, excludes periods covered by specified court stays when computing time, and makes clear that proceedings do not lapse merely because the specified period expires before completion.

Section 10(3) - Prohibition of strike or lock-out

Where an industrial dispute has been referred to a Board, Labour Court, Tribunal or National Tribunal under Section 10, the appropriate Government may by order prohibit the continuance of a strike or lock-out connected with that dispute which is in existence on the date of reference.

Section 10(4) - Scope of adjudication

Where the Government specifies points of dispute for adjudication in the reference order or a subsequent order, the Labour Court, Tribunal or National Tribunal must confine adjudication to those points and matters incidental to them.

Section 10(5) - Inclusion of similar establishments

Where a dispute concerning one or more establishments has been or is to be referred, the appropriate Government may include another establishment, group or class of establishments of a similar nature if it considers that they are likely to be interested in or affected by the dispute. Inclusion may occur when the reference is made or later, but before submission of the award, even if no dispute then exists or is apprehended in the establishment being included.

Section 10(6) - Effect of National Tribunal reference

Once a matter is referred under Section 10(1A) to a National Tribunal, a Labour Court or Tribunal has no jurisdiction to adjudicate the same matter while it is before the National Tribunal. Pending proceedings concerning that matter are treated in the manner prescribed by sub-section (6), and the appropriate Government cannot refer that matter to another Labour Court or Tribunal during the National Tribunal proceeding.

Sections 10(7) and 10(8)

Section 10(7) allocates statutory references to the Central Government or State Government where a dispute for which the Central Government is not the appropriate Government has nevertheless been referred to a National Tribunal. Section 10(8) provides that pending proceedings do not lapse merely because a workman who is a party to the dispute dies; the Labour Court, Tribunal or National Tribunal must complete the proceeding and submit its award.

Important definitions and connected provisions

Industrial dispute - Section 2(k): broadly, a dispute or difference between employers and employers, employers and workmen, or workmen and workmen, connected with employment or non-employment, terms of employment or conditions of labour of any person. Appropriate Government - Section 2(a): identifies whether the Central Government or State Government exercises the relevant statutory functions, depending on the establishment or industry and the criteria in the definition. Public utility service - Section 2(n): identifies the industries and services treated as public utility services for the Act, subject to the statutory conditions and notifications.

The Second Schedule identifies matters within the jurisdiction of Labour Courts, while the Third Schedule lists matters ordinarily within the jurisdiction of Industrial Tribunals. These schedules are therefore central to deciding whether a reference under Section 10(1) should be made to a Labour Court or Tribunal.

State amendments preserved from the source

Section 10 and Section 10A distinguished

Section 10 primarily concerns statutory reference by Government to the designated authorities. Section 10A provides a separate mechanism for voluntary arbitration by written agreement between the employer and workmen before the dispute has been referred under Section 10 to a Labour Court, Tribunal or National Tribunal.

Official sources

Refer to the Industrial Disputes Act, 1947 on India Code and the Ministry of Labour and Employment copy of the Industrial Disputes Act, 1947. For Central Government industrial adjudication information, see the Central Government Industrial Tribunal portal.

State amendments and State rules may alter the procedure or forum in their territorial application. The applicable version should therefore be checked for the State, establishment and relevant date.