Arbitration as a method of Industrial Dispute Resolution

Abstract:

The scope of the paper is to identify whether arbitration is an appropriate method of industrial dispute resolution. The historical background of arbitration would be discussed along with the pros and cons of arbitration. Basic concepts of arbitration along with types of arbitration will be dealt. Analysis of section 10A and section 18(2) and section 18(3) will be done. Reference of disputes and arbitration with relation to Industrial Disputes Act, 1947 will be done. The arbitrators duty of disclosure will also be disclosed along with some of the efficient solutions will be given.

 

STATUTORY HISTORY OF ARBITRATION

Arbitration has deep roots throughout history[1]. Use of arbitration between international parties’ dates back to ancient Greece[2]. It is one of the earliest methods of dispute resolution.  People used to settle disputes by means of arbitration long before courts were established. In medieval Europe, from different regions, merchants and traders would assemble at markets to do business. The private dispute resolution systems can be traced back to this period. In England, the first Arbitration Act in England was in 1698 by formalizing a practice of informal arbitration which was done by trade guild members. The need for the same was reinforced by the inefficiency of common law courts in applying mercantile law[3].

 

For settlement of conflicts, arbitration is an age old practice in India. Panchayat system is based on this concept.  Under the influence of Mahatma Gandhi it originated in textile industry in Ahmadabad. Along with the adjudication, provision for arbitration even was made by the Bombay Act under the Bombay Industrial relations Act[4]. This was very popular in 1940s and 1950s. The government had also been proposing the same in the first three year plans. Voluntary arbitration is very important and essential feature of collective bargaining and it was emphasized in the labor policy chapter. In 1958 it was incorporated in code of industry discipline.  In 1962 in Indian Labor Conference it was decided that arbitration would be preferred after conciliation under adjudication is necessary[5]. During Chinese Aggression, Industrial trade resolution accepted voluntary arbitration. To make the idea more and more popular the government set up National Arbitration Board. In 1956, it was decided that voluntary arbitration would be included. Finally in 1957, section 10A was inserted which was enforced from 10 March 1957.[6]

 

The first statutory recognition was given to domestic arbitration in India and it was by way of the Indian Arbitration Act, 1940 which dealt solely with the previously uncodified body of law concerning domestic arbitration proceedings. Its purpose was to consolidate and amend the law relating to arbitration[7]. The statutes dealing with international commercial arbitration were the Arbitration Act, 1937 and the Foreign Awards Act, 1961.The UNCITRAL adopted the UNCITRAL Model law on International Commercial Arbitration in 1985. The purpose of the model law was to provide a set of rules which by bringing about uniformity in laws of member countries would facilitate the settlement of international commercial disputes[8]. The Arbitration and Conciliation Act 1996, seeks to amend and consolidate the law relating to domestic arbitration, international commercial arbitration and the enforcement of foreign arbitral awards.[9]

REFERENCE OF DISPUTE TO ARBITRATION UNDER INDUSTRIAL DISPUTES ACT, 1947

In Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate[10], the SC stated the principal objects of the I.D. Act as follows:

1. For preserving amity and securing good relations between employer and workmen, promotion of measures;

2. The investigation into and the settlement of industrial disputes between employers and employees, employers and workmen or workmen and workmen, with a  right of representation by a registered TU or a federation of TU or an association of employers or federation of associations of employers[11];

3. Prevention of illegal strikes and lockouts

4. In matters of lay off of retrenchment, providing relief to workmen

5. Ensure collective bargaining[12]

In Sindhu Hochtief(India) Pvt Ltd Vs Pratap Dialers[13], the court held that the dispute as to what should happen to the undistributed bonus will not fall within the definition of an industrial dispute as defined in section 2(k) of the Industrial Disputes Act.

An agreement, to refer an industrial dispute to an arbitrator under section 10-A is not a settlement of the disputes as laid down in section 2(p) of the I.D Act because the dispute subsists after the agreement. The solution to the dispute will be the award given by the arbitrator. Industrial dispute may be said to be in controversy with respect to working conditions, employment matters, wages or union recognition[14]. There are different forms and causes of industrial dispute. The term industrial dispute in the Industrial Dispute Act, 1947 has the following features:

1. There should be dispute

2. It could be between employer-employer, employer-employee or employee-employee.

3. The dispute must be related to work related issue.

4.  The dispute must be raised by a group or class of workers[15].

There are various methods of settling industrial dispute. It may be without state intervention by Collective bargaining i.e. without conciliation or with conciliation or by voluntary arbitration. The Industrial Disputes Act along with providing machinery for investigation and settlement of disputes, provides measures for prevention of conflicts. If the industrial disputes are not settled by collective bargaining or works committees or by bipartite negotiations, the Industrial Disputes Act provides the following authorities; Conciliation Officer and Board of Conciliation, Voluntary Arbitration, Adjudication by labor court, Industrial Tribunal and National Tribunal[16].

Arbitration refers to negotiations in which parties are encouraged to negotiate directly with each other prior to some other legal process. Arbitration systems authorize a third party to decide how a dispute should be resolved[17].

 

Arbitration process may be either binding or non-binding. Binding arbitration produces a third party decision that the disputants must follow although they disagree with the result. Non-binding arbitration produces a third party decision that the parties may reject.

ADR process may be mandatory and they may be required as part of a prior contractual agreement between parties. In voluntary process, submission of a dispute to an ADR process depends entirely on the will of the parties[18].

In voluntary arbitration, the parties willingly refer their dispute to a third party. The essentials include, there should be voluntary submission of dispute, investigation and attendance of witness. It may be specially arising under disagreement of contracts or agreements. There is no compulsion in this case[19].

In compulsory arbitration, it has to be accepted mandatorily. It is entirely based on voluntary discretion of the appropriate government based on the dispute.[20]The essentials of compulsory arbitration consists that the parties should fail to arrive at a settlement by voluntary method, if there is grave economic crisis, there is grave public dissatisfaction, any national emergency or if parties are ill balanced and public interest is of prime importance. It leaves no scope for strikes or lockouts. Moreover it deprives both the parties of their fundamental rights[21].

The ADR process is extra judicial in nature.  ADR is informal, there is application of equity, and there is direct participation and communication between disputants[22].

 

ANALYSIS OF SECTION 10A AND SECTION 18

Voluntary arbitration is a process in which the disputing parties show willingness to go to a third party and voluntarily submit to his decision. An arbitrator may be a single person or a panel. Arbitration is less expensive and faster than that of a court. The party might agree in advance and hence dispute is resolved at the time of submitting a dispute to arbitration to abide by the award. The party may even agree to submit the dispute to an arbitrator but at the same time reserve their right to accept or reject the award when it comes.[23]

There are several factors hampering adoption of voluntary arbitration in India like that of legal obstacles, scarcity of arbitrators who could win people’s confidence, adjudication is available easily, cost to the parties, presence of complicated procedure, no appeal is competent against the arbitrators award, absence of recognized unions which could bind the workers[24].

If the conciliation officer or board of conciliation is unable to resolve dispute, parties are advised for voluntary arbitration. This was introduced into the I.D Act in 1956 by way of an amendment under Section 10-A in 1947.A voluntary arbitration is initiated by the consent of the parties, even though it is not expressly stated leads to a final and binding award[25].

Reference to the Arbitrator

Section 10A of the Industrial Disputes Act was inserted by section 8 of the I.D act 1956. The purpose was to enable employers and employees to voluntarily refer their disputes to arbitration by a written agreement.[26]Strict adherence to these provisions is a condition precedent for passing a valid award.[27]The reference will not be competent if the dispute which is existing or apprehended is not an ‘industrial dispute ‘at all[28].The definition of ‘industrial dispute’ in section 2(k)[29]will not include what will happen to the undistributed bonus. An agreement to refer to an industrial dispute to an arbitrator under this section is not a settlement of the dispute because the dispute does not come to an end.[30]Dispute cannot be validly referred to a tribunal, labor court or national tribunal for adjudication after an industrial dispute has been referred to an arbitrator under section 10A.[31]

The parties can enter into an arbitration agreement which must be in the prescribed form. Name of the arbitrator must be specified and to the appropriate government, a copy of the arbitration agreement should be forwarded which shall be published in the official gazette. The procedure to be followed should be directory. An arbitration affecting the interests of large number of employees cannot be a private agreement[32]. Non-publication of the arbitration agreement under section 10A (3) would be fatal to the arbitration award.[33]

On reference to more than one arbitrator, each one of them must act personally in performance of the duties of his office, as if he were the sole arbitrator, for, as the office is joint. If one refuses, the others cannot make a valid award. Such a provision is implied, unless a contrary intention is expressed, whenever the arbitration agreement requires that there shall be 3 arbitrators the award of any two is then binding[34].For the making of an award, giving of a written notice to either party is not essential.[35]

Procedure before the Arbitrator

The arbitrator can follow his own procedure, however with the rules of natural justice.[36]Section 11 states that an arbitrator shall follow such procedure as he may think fit[37].An arbitrator has to follow the same procedure as that of a board, court, labor court, tribunal or national tribunal. The arbitrator has all the powers to which both the sides are partly, conferred.[38]

Umpire

There is a provision for the appointment of an umpire in case of an even number of arbitrators by insertion of section 1A. The award of the umpire shall prevail in such a conflict.

Arbitration Agreement-As May Be Prescribed

 

Part 2 of I.D Act 1957 states about the arbitration agreement and it being signed and it is sufficient if the requirements of that rule and form are substantially complied with by the arbitration agreement. It is not necessary that the arbitration agreement must be in form C[39].

Publication of the Arbitration Agreement

Firstly, the parties should forward a copy of the arbitration agreement to the appropriate government and the conciliation officer and then within one month from the receipt of copy, the appropriate government shall publish the agreement in the official gazette[40].Noncompliance of the mandatory requirement of this provision would render the award itself invalid. In one particular case, neither the arbitration agreement nor the award had been published[41]. The court held that

“The government comes into the picture only after arbitration agreement has been entered into under section 10A(1) .If once that is done, there is a valid arbitration agreement and non compliance with the other provisions of section 10A or any other provision in the Act relating to publication of the award will not invalidate or take the arbitration agreement itself outside the per view of section 10A[42].”

All the confusion was settled by the SC pronouncement in Karnal leather Karamchari Sangahtan vs Liberty Footwear Co[43]stating that the arbitration agreement must be published before the arbitrator considers the merits of the dispute and noncompliance of this requirement would be fatal to the arbitral award.

 

In Sir Silk Ltd V Govt of Andhra Pradesh[44], the SC held that once the award is received by the appropriate government publication is a must. But under special circumstances of this case, the SC held that the award need not be published.

In Grindlays Bank Ltd VC Central Govt Industrial Tribunal[45], the SC held that an application for setting aside tribunals ex parte award made within 30 days of publication of award can be validly entertained by the Tribunal.

Employers and Workmen Who Are Not Parties

The employers and the workmen who are not the parties may be given a notice to  present their case before the arbitrators. Within a period of one month notification is issued. The court held that the requirements of this provision have not been complied with, will be rendered invalid[46].The court has taken the view that the provisions of this sub section are only directory and not mandatory[47].

Sub Section (4): Award of the Arbitrator:

The industrial dispute referred to arbitrator can be investigated and adjudicated under the arbitration agreement and then submitted after signature. The appropriate government should publish it too[48].

Jurisdiction of the Arbitrator

An arbitrator is bound to adjudicate on the dispute as specifically referred in terms of the agreement.[49]Reference is more of an ad hoc arrangement. The arbitrator should settle the dispute and is well expected to do substantial justice between the parties in giving his award.[50]

In Rohtas Industries Ltd v Rohtas Industries Staff Union[51], the SC observed:

An award under section 10A is not only invulnerable but more sensitively susceptible t be the writ lancet being a quasi statutory body’s decision. The absence of reasons on support of the award will shut out the judicial scrutiny by making it a unscruable face of the sphinx.

Exclusion of the Arbitration Act

Sub section (5) excludes the application of the provisions of the Arbitration Act 1940 to the award of an arbitrator under section 10. In Hindustan National Glass and Industries Mazdoor union vs S N Singh[52], court held that an application under section 30 of the Arbitration Act challenging the award of an arbitrator under section 10A is not maintainable.

Judicial Review

Whether the awards of the arbitrators can be challenged before the judiciary ?

In R v Disputes Committee Of National Joint Council for the Craft of Dental Technicians[53], it was stated that “ there is no instance of which I know in the books, where certiorari or prohibition has gone to any arbitrator, except a statutory arbitrator and a statutory arbitrator is a person to whom, by a statute , the parties must resort.”

If an arbitrator records findings based on no legal evidence and the findings are either his ipse dixit or his findings suffer from additional infirmity of non application of mind, the award will be quashed.[54]

In Regina v Disputes Committee of Dental Technical[55], it was observed

I have heard of certiorari or prohibition going to an arbitrator..It would be an enormous departure from the law relating to prerogative writs if we were to apply these remedies to an ordinary arbitrator…

The Supreme Court, relying on the ratio of Marina Hotel Vs Workmen[56], and Hindustan Times Ltd Vs Workmen[57], held that an award passed under the Industrial Disputes Act cannot be inconsistent with the law the legislature laid down, and if it did so, it was illegal and it would quash the arbitrator’s award

In Engineering Mazdoor Sabha vs Hind Cycles Ltd[58], the Supreme Court held that though arbitrator is not a tribunal under article 136 of the constitution, in a proper case, a writ may lie against the award under Article 226 of the constitution.

In Rohtas Industries Ltd Vs Rohtas Industries Staff Union[59], the SC held that arbitrator under the I.D Act comes within the rainbow of statutory tribunals amenable to judicial review.

Section18 (2) and section 18(3)

Section 18 of the industrial Disputes Act states about persons on whom settlements and awards are binding. Section 18(2) states that an arbitration award that has become enforceable shall be binding on those parties who had referred for arbitration. An arbitration award where a notification has been issued under section 10A shall be binding on all the parties to industrial dispute[60].

A settlement within the meaning of section 18(3) is binding on both the parties and continues to remain in force unless the same is altered by another settlement.[61]

In an industrial dispute referred by central government which has an all India implication, individual workmen cannot be made party to a reference. All of them are not expected to be heard.[62]

THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION

Whether arbitration is advantageous or disadvantageous largely depends on whether you are plaintiff or defendant. Arbitration minimizes the plaintiff's chances of obtaining large punitive damage and actual damages[63].While a party may save litigation costs, that savings can also increase substantially in arbitration. [64]

N.A Palkhivala observed that there are incalculable advantages to arbitration proceedings. He said,

If the law is not to be a system of tyrannical rigidity, but instead to be the efficient and useful servant of a changing society, it must from time to time be adapted and parts of it replaced .A court of law is like an ancient castle, constantly under repair. There comes a time when it no longer pays to patch it up and it is better to resort to a new, compact house built on modern lines.[65]

There are several benefits of arbitration. It is less expensive than resolving disputes through the judicial system; it produces a resolution of the dispute faster than the court system and achieves results that are apt to be commercially reasonable in complicated cases. Arbitration rules can be tailored to the types of disputes that are likely to occur under the contract. Moreover arbitration is an expedient, convenient, less-expensive forum. Confidential decisions are taken by the arbitrators who are selected because of their experience and expertise in the area of the dispute and quite knowledgeable. Arbitration is one of the most efficient types of resolution. In most arbitral forums today the arbitrators can award punitive.[66]Under the rules of arbitration there is a method for filing a claim for adjudication of the grievance. The selection of the arbitrators starts once the complaint is filed[67].

The arbitration comes with its disadvantages as well. In recent years, arbitration proceedings have become more formal and have increased legal fees. Hence they are not always more expedient or cost effective than the court proceedings. While the relaxed procedural and technical aspects of arbitration can lead to a more streamlined process, it can also lead to delays and unpredictable results[68]. They are reluctant to reprimand improper behavior of the parties. Temporary injunctions, wage garnishments, property attachments, motions to dismiss, summary judgments and other interlocutory remedies and decisions are not typically available in arbitration[69]. It is also difficult to appeal .In addition; collateral estoppels and res judicata are not typically available in arbitration.[70]Hence arbitration comes with limitations. Arbitrations can be expensive both in the fees paid to the agency setting up the arbitration and the fees paid to the arbitrators. The courts have minimal fee. Also, at times the arbitration process may not seem faster than the court system. Arbitration is a private dispute process. Court files are public and usually available to anyone wanting to know what you are doing. Hence the court procedures are more transparent in this matter. Arbitrators generally have the power to issue subpoenas but probably do not have much authority to back up the subpoenas if they are not obeyed[71].

How Does Arbitration Differ From Mediation And Civil Litigation?

Arbitration differs from the Court System in several respects. The parties can select the person to decide the case. The typical discovery practice is also limited and controlled by the arbitrators while the court system provides for broad investigation .While the arbitration hearing is formal, it is not as formal as a court hearing. Unlike a court decision, there are very limited grounds for an appeal challenging an award. Arbitration is binding, and parties can seek to enforce a decision through the courts.  Under many Arbitration Acts, arbitration is a matter of contract between the parties. Since public policy favors arbitration, a court will resolve any doubts regarding the applicability of an arbitration provision in favor of arbitration[72].

Arbitrators Duty of Disclosure

Arbitration is an alternative to adjudication and the two cannot be sued simultaneously. It is voluntary at the discretion of the parties to a dispute. An arbitrator is a quasi- judicial body. He is an independent person and has all the attributes of a statutory arbitrator. He has wide freedom, but must function with limitations. He must follow the due procedure of giving notice to parties, giving fair hearings, relying upon all available evidence and documents. There must be no violation of the principles of natural justice.[73]

An arbitrator has a responsibility. An arbitrator should hear the evidence, understand it and apply the principles of justice and equity to achieve the correct result. He should be fair enough so that the people have complete faith on him. In classic arbitration they knew and trusted the individual. Today we have gone to the opposite extreme. The arbitrator selected ideally has no relationships with any of the parties. The disclosure process has thus become the modern surrogate for the purpose of transparency.

"An arbitrator should disclose any interest or relationship likely to affect impartiality or which might create an appearance of partiality or bias[74]."

An Arbitrator must disclose a relevant interest which is regarded by the courts as a matter bearing upon the integrity which is the core of the arbitral process. Relationships may be those personal to the arbitrator. They may also be derivative, in the sense of relationships involving members of the arbitrator's family, employer, partner or business associate[75]. There is a dual element of reasonableness here. Both the duty to disclose interests and the duty to disclose relationships implicate a reasonable effort. Following such investigation the potential arbitrator should disclose those relationships which are likely to affect impartiality. Actual bias should be shown. An arbitrator must be without bias and require disclosure of all facts or circumstances that might give rise to reasonable doubt as to impartiality. An arbitrator must disclose personal knowledge of disputed facts concerning the proceeding; prior and pending matters in which the arbitrator served or serves as a party arbitrator or attorney serves or if served as neutral arbitrator[76].The disclosure should be sufficient to provide such insight and understanding but need not be as detailed or specific as that of a neutral arbitrator. A party-appointed non-neutral arbitrator is not subject to disqualification by the other party based upon matter so disclosed.[77]

Based upon the United Nations Commission on International Trade Law (UNICTRAL) Model Law on International Commercial Arbitration, India has adopted new arbitration law. The new law is titled the Arbitration and Conciliation Ordinance 1996.[78]

CONCLUSION

Faith is placed by the statute on arbitration as a method of resolving conflict. The problems are similar to those that have general arbitration, which fundamentally is a failure to free arbitration from that of courts[79]. Four things need to be kept in mind. First, there is a terrible lack of qualified arbitrators and arbitration procedures. Secondly, the courts have regularly accepted appeals against the award of arbitrators which makes a mockery of the arbitration. Thirdly, arbitration is not taken seriously. Lastly, recognition of Trade Unions on the part of the employers is a necessary pre-requisite for the success of  voluntary arbitration[80]. Government intervention in voluntary arbitration and Supreme Court decisions has caused problems.

Collective bargaining and voluntary arbitration should be given greater role. As the ILO puts it, Collective Bargaining is "based on the premise that a negotiated agreement, however unsatisfactory, is to be preferred to an imposed solution; the parties should always retain the option of returning voluntarily to the bargaining table"[81]. This means whichever dispute settlement mechanism is adopted, if the parties are in favor of resuming negotiation, it should incorporate the possibility of suspending the compulsory arbitration process.[82]

The philosophy of the Industrial Disputes Act is seriously questioned today. The Government needs to have a proactive and not protective labor policy[83]. It must increasingly take up a neutral stand between the conflicting interests of the employer and the employees. Prior notice to the employees/union and proper compensation to the affected workers should be focused upon rather than prior approval of the Government[84]. Productive resources should be productively used. If not incentives at least disincentives should be avoided[85]and this solutions would ensure industrial peace.

By: Ipsita Mishra

UNIVERSITY: NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

CLASS: 4TH YEAR

ADDRESS: NATIONAL LAW UNIVERSITY

ODISHA,CUTTACK, KATHJODI CAMPUS, BRAJBIHARIPUR,

NEAR NARAJ,CDA, CUTTACK-753015

EMAIL ID: Ipsita.p.mishra@gmail.com

BIBLIOGRAPHY

STATUTES

Industrial Disputes Act,1847

CASES

• Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate (1958) 1 LLJ 500 SC.

•  Sindhu Hochtief(India) Pvt Ltd Vs Pratap Dialers (1968) 2 LLJ 515(Bom)

•  North Orissa Workers Union v. State Of Orissa(1971) 2 LLJ 199 (Ori) (DB)

•  Andhra Pradesh Country Tobacco, Cherroots Manufacturers Federation v Commr of LABOUR, Government of Andhra Pradesh, Hyderabad 1985 Lab IC NOC 3(AP).

•  Cf Sindhu Resettlement Corp Ltd v. Industrial Tribunal (1968) 1 LLLJ 834(SC).

•  Sindhu Hochief (India)Pvt Ltd v. PratapDialdas (1986) 2 LLJ 515(Bom)

•  RasbeharyMohanty v. Presiding Officer,Labour Court (1974)2 LLJ 222,226 (Ori) (DB)

•  Vazir Sultan Tobacco Co Ltd v. Labour Court 1974 Lab IC 817,819 (AP)

•  SKM Sangh v. GM,Western Coal Fields Ltd (1998) 2 LLN 604 (MP).

•  Bhopal v. Bhopal ShramjiviPatrakarSangh Bhopal 1985 Lab IC 164 (MP) (DB)

•  Janardhanprasad v. Chandrasekhar AIR 1951 Nag 198(DB)

•  K P Singh v. Gokhale (1970) 1 llj 125,128(MP)(DB)

•  Steel Tubes Ltd v. Gujrat Steel Tubes MazdoorSabha (1980) 1 LLJ 137 (SC).

•  Ramkrishna Kulwantrai Steels Pvt Ltd v. Their Workmen  (1977) 1LJJ 382,384 (Mad) (FB)

•  Karnal leather Karamchari Sangahtan vs Liberty Footwear Co 1990 Lab IC 301,307 (SC)

•  Sir Silk Ltd V Govt of Andhra Pradesh AIR 1964 SC 160

•  Grindlays Bank Ltd VC Central Govt Industrial Tribunal (1980) Supp SCC 420

•  Madras machine Tools Manufacturers ,Coimbatore v Special Deputy Commr of Labour,Madras 1980 Lab IC 329,332(Mad) (DB)

•  DCM Clerks Assn Vs Management of Delhi Cloth & General Mills Ltd CW No 135 of 1981

•  Management of the National Projects Construction Corp Ltd v. Their Workmen 1970 Lab IC 907,93 (Pat) (DB)

•  Rohtas Industries Ltd v Rohtas Industries Staff Union (1976) 1 LLJ 274 SC

•  Rajinder Kumar Kindra  v Delhi Administration (1984) 2 LLJ 517(SC).

•  Hindustan National Glass and Industries Mazdoor union vs S N Singh (1982) 1 LLJ 168 (Cal) (DB)

•  R v Disputes Committee Of National Joint Council for the Craft of Dental Technicians (1953) 1 All ER 327

•  Marina Hotel Vs Workmen (1961) 2I LLJ 431(SC)

•  Hindustan Times Ltd Vs Workmen (1963) 1 LLJ 108 (SC)

•  Engineering Mazdoor Sabha vs Hind Cycles Ltd 1962) LLJ 760 (SC)

•  Mohan Mahto v. Central Coal Field ltd (2007) 8 SCC 549

•  Punjab National Bank v. Manjeet Singh (2006) 8 S.C.C 647

 

BOOKS

•  H.L. Kumar , What Every Body should know about Labour Law,1997

•  Dr. H.G.Abhyankar , Commentaries on Industrial Disputes Act, 1947,(3rd ed. 2007

•  B.D Singh , Indutrial Relations and Labour Laws (6TH ed., 2001).

•  Mallika Taly, Arbitration Law-A Primer (1st ed., 2011).

•  K Alexander , Collective Bargaining in Industrial Labour in India 384-85(1963).

•  O.P.Malhotra , The Law of INDUSTRIAL DISPUTES(6th ed, 2004)

•  D.K.Ganguly, Commentary on the Industrial Disputes Act, 1947 with Allied Laws, (2008)

•  Justice D.D.Seth, Commentaries on Industrial Disputes Act, 1947 (9th ed., 2007)

•  P.M.Radhakrishnaiah, Industrial Disputes Act, 1947,(16th ed, 2011)

•  Y.V.Sanyasi Row & Y.Ramesh, Commentary on the Industrial Disputes Act, 1947,(2nd ed., 2011            )

•  H L Kumar , Labour Problems and Remedies, (10th Ed, 2012)

•  H K. Sahney ,Textbook on labour and industrial law,( 5th  ed., 2011)

•  P.R.N. Sinha, Industrial relation, Trade union and legislations, (1st ed.)

•  P.K. Padhi , Labour law and industrial relations, (2007)

•  Sandeep Puri, Labour Laws for everyday made easy,( 4th ed, 2013)

•   O.P Malhotra’s, The Law Of Industrial Disputes,( 3rd ed, 2013)

•  B.D Singh & A.K Sinha , Labour Laws In Brief ,(2011)

•  I. Sharath Babu and Rashmi shetty, Social jurisprudence and labour jurisprudence , (1st ed. 2007)

•  P.L. Malik, K.D. Srivastava's Commentaries on Industrial Employment (Standing Orders) Act, 1946, (4th ed., 2012)

•  H.L Kumar, Practical Guide To Labour Managaement, (7TH ed. 2010)

•  H.L Kumar, Practice and Procedure of Labour Laws with Model Forms, (1ST ed,2012)

•  Joy Joseph Kodianthara, COMMENTARIES ON INDUSTRIAL DISPUTES ACT, 1947 

•  A.N.Chaudhary, Industrial Disputes Act, 2001

•  H.L. Kumar ,Practical guide to industrial employment (standing orders) acts and rules, ( 1st ed. , 2002)

•  P. R. N. Sinha ,Industrial Relations, Trade Unions, and Labour Legislation, (2nd ed. 2012)

 

ARTICLES

• Henry P. De Vries, International Commercial Arbitration: A Contractual Substitute for National Courts, 57 TUL. L. REv. 42,43 (1982)

• William K. Slate 11, International Arbitration: Do Institutions Make a Difference?, 31 WAKE FoREST L. Rsv. 41, 41 (1996) ; W. Laurence Craig, Some Trends and Developments in the Laws and Practice of International Commercial Arbitration, 30 TEx. INT'L L.J. 1, 5-8 (1995)

• Tracy S. Works, India Satisfies Its Jones for Arbitration: New Arbitration Law in India, 10 Transnat'l Law. 217 1997.

•  E.A. Ramaswamy, Trade Unions, Rule Making and Industrial Relations,(1985) 20 Economic and Political Weekly 524.

•  Vincent P. Crawford ,On Compulsory-Arbitration Schemes,Journal of Political Economy, Vol. 87, No. 1 (Feb., 1979), pp. 131-159, The University of Chicago Press, Available at http://www.jstor.org/stable/1832213 .

•  David A. Pluchinsky, How Does Arbitration Differ From Mediation and Civil Litigation? Houston Business Journal, May 7, 2004 available at http://corporate.findlaw.com/litigation-disputes/how-does-arbitration-differ-from-mediation-and-civil-litigation.html

•  By Michael T. Griffin, Julie Mahaney,  Regulatory: Pros and cons of using arbitration for dispute,February 15, 2012, available at

http://www.insidecounsel.com/2012/02/15/regulatory-pros-and-cons-of-using-arbitration-for#.UmJIw5aaytU.email

•  Edward C. Mengel , Arbitration v. Litigation In Court: Which To Choose If You Have The Choice – Available at http://corporate.findlaw.com/litigation-disputes/arbitration-v-litigation-in-court-which-to-choose-if-you-have.html#sthash.Gc1jRKzQ.dpuf

•  James L. Knoll ,Arbitration: Dispute Resolution Outside the Courts, available at  http://www.open-spaces.com/article-v8n3-knoll.php

•  Donald Wittman ,Final-Offer Arbitration,  , Management Science, Vol. 32, No. 12 (Dec., 1986), pp. 1551-1561

•  Loeb &LoebLLP, What is an Arbitrator's Duty of Disclosure?By, Available at http://corporate.findlaw.com/litigation-disputes/what-is-an-arbitrator-s-duty-of-disclosure.html

•  [1]By Coudert Brothers LLP ,India Adopts New Arbitration Law available at http://corporate.findlaw.com/litigation-disputes/india-adopts-new-arbitration-law.html

•  Fallon, Peter R., and Robert E. B. Lucas, "The Impact of Changes in Job Security  Legislations in India and Zimbabwe",World Bank Economic Review, Vol. 5, No. 3, pp. 395-413, (1991)

•  National Labour Association (1994), " Uniform Indian Labour Code -A Draft", FES.   Venkataratnam C.S. (1997), "Labour Market in India", Policy Paper Number 23, Project LARGE.

•  Hanumantha Charya, K.Uppal and M.Sharma (1995), "Simplication of Labour Laws and  Procedures", Legal dimensions of  Economic Reforms.(1997).

•  Debroy, B., Labour Market Reform,  Policy Paper Number 22, Project LARGE.(1997).

•  Nagraj, V., "Labour Laws and  Legal  dimensions of Economic Reforms, Allied Publishers(1995).

 

OTHER AUTHORIES

•  Ministry of Labour & Employment ,Notes on the List of Subjects selected by Parliamentary Standing  Committee on Labour

•  Government of India Gazette (1969) Report of the National Commission on Labour p. 307

•  Cannon II of the Code of Ethics for Arbitrators in Commercial Disputes (AAA/ABA 1977)

 

[1] Henry P. De Vries, International Commercial Arbitration: A Contractual Substitute for National Courts, 57 TUL. L. REv. 42,43 (1982)

[2] William K. Slate 11, International Arbitration: Do Institutions Make a Difference?, 31 WAKE FoREST L. Rsv. 41, 41 (1996) ; W. Laurence Craig, Some Trends and Developments in the Laws and Practice of International Commercial Arbitration, 30 TEx. INT'L L.J. 1, 5-8 (1995)

[3] Tracy S. Works, India Satisfies Its Jones for Arbitration: New Arbitration Law in India, 10 Transnat'l Law. 217 1997.

[4] H.L. Kumar , What Every Body should know about Labour Law,1997

[5] Ministry of Labour & Employment ,Notes on the List of Subjects selected by Parliamentary Standing  Committee on Labour.

[6] B.D Singh , Indutrial Relations and Labour Laws (6TH ed., 2001).

[7] Government of India Gazette (1969) Report of the National Commission on Labour p. 307.

[8] E.A. Ramaswamy, Trade Unions, Rule Making and Industrial Relations,(1985) 20 Economic and Political Weekly 524.

[9] Mallika Taly, Arbitration Law-A Primer (1st ed., 2011).

[10] (1958) 1 LLJ 500 SC.

[11] K Alexander , Collective Bargaining in Industrial Labour in India 384-85(1963).

[12] O.P.Malhotra , The Law of INDUSTRIAL DISPUTES(6th ed, 2004)

[13] (1968) 2 LLJ 515(Bom)

[14] H L Kumar , Labour Problems and Remedies, (10th Ed, 2012)

[15] H K. Sahney ,Textbook on labour and industrial law,( 5th  ed., 2011)

[16] P.R.N. Sinha, Industrial relation, Trade union and legislations, (1st ed.)

[17] P.K. Padhi , Labour law and industrial relations, (2007)

[18]Sandeep Puri, Labour Laws for everyday made easy,( 4th ed, 2013)

[19] 1 O.P Malhotra’s, The Law Of Industrial Disputes,( 3rd ed, 2013)

[20] Vincent P. Crawford ,On Compulsory-Arbitration Schemes,Journal of Political Economy, Vol. 87, No. 1 (Feb., 1979), pp. 131-159, The University of Chicago Press, Available at http://www.jstor.org/stable/1832213 .

[21]I. Sharath Babu and Rashmi shetty, Social jurisprudence and labour jurisprudence , (1st ed. 2007)

[22]P.L. Malik, K.D. Srivastava's Commentaries on Industrial Employment (Standing Orders) Act, 1946, (4th ed., 2012)

[23]H.L Kumar, Practical Guide To Labour Managaement, (7TH ed. 2010)

[24] H.L Kumar, Practice and Procedure of Labour Laws with Model Forms, (1ST ed,2012)

[25]Joy Joseph Kodianthara, COMMENTARIES ON INDUSTRIAL DISPUTES ACT, 1947  

[26] North Orissa Workers Union v. State Of Orissa(1971) 2 LLJ 199 (Ori) (DB)

[27] Andhra Pradesh Country Tobacco, Cherroots Manufacturers Federation v Commr of LABOUR, Government of Andhra Pradesh, Hyderabad 1985 Lab IC NOC 3(AP).

[28]CfSindhu Resettlement Corp Ltd v. Industrial Tribunal (1968) 1 LLLJ 834(SC).

[29] Sindhu Hochief (India)Pvt Ltd v. PratapDialdas (1986) 2 LLJ 515(Bom)

[30]RasbeharyMohanty v. Presiding Officer,Labour Court (1974)2 LLJ 222,226 (Ori) (DB)

[31]Vazir Sultan Tobacco Co Ltd v. Labour Court 1974 Lab IC 817,819 (AP)

[32] A.N.Chaudhary, Industrial Disputes Act, 2001

[33] SKM Sangh v. GM,Western Coal Fields Ltd (1998) 2 LLN 604 (MP).

[34] Bhopal v. Bhopal ShramjiviPatrakarSangh Bhopal 1985 Lab IC 164 (MP) (DB)

[35]Janardhanprasad v. Chandrasekhar AIR 1951 Nag 198(DB)

[36] Bhopal Sharmjivi Patrakar Sangh ,Bhopal 1985 Lab IC 164 (MP) (DB)

[37] K P Singh v. Gokhale (1970) 1 llj 125,128(MP)(DB)

[38]Gujrat Steel Tubes Ltd v. Gujrat Steel Tubes MazdoorSabha (1980) 1 LLJ 137 (SC).

[39] Dr. H.G.Abhyankar , Commentaries on Industrial Disputes Act, 1947,(3rd ed. 2007)

[40] O.P. Malhotra, The Law of Industrial Disputes(6th ed., 2004)

[41] K.P Singh v. S K Gokhale (1970) 1 LLJ 125 (MP) (DB)

[42] Ramkrishna Kulwantrai Steels Pvt Ltd v. Their Workmen  (1977) 1LJJ 382,384 (Mad) (FB)

[43] 1990 Lab IC 301,307 (SC)

[44] AIR 1964 SC 160

[45] (1980) Supp SCC 420

[46] Madras machine Tools Manufacturers ,Coimbatore v Special Deputy Commr of Labour,Madras 1980 Lab IC 329,332(Mad) (DB)

[47] CW No 1355 of 1981 decided by the High Court of Delhi on 14 October 1983,per HL Anand J.

[48] Justice D.D.Seth, Commentaries on Industrial Disputes Act, 1947 (9th ed., 2007)

[49] DCM Clerks Assn Vs Management of Delhi Cloth & General Mills Ltd CW No 135 of 1981

[50] Management of the National Projects Construction Corp Ltd v. Their Workmen 1970 Lab IC 907,93 (Pat) (DB)

[51] (1976) 1 LLJ 274 SC

[52] (1982) 1 LLJ 168 (Cal) (DB)

[53] (1953) 1 All ER 327

[54] Rajinder Kumar Kindra  v Delhi Administration (1984) 2 LLJ 517(SC).

[55] (1953) 1 ALL ER 327

[56] (1961) 2I LLJ 431(SC)

[57] (1963) 1 LLJ 108 (SC)

[58] (1962) LLJ 760 (SC)

[59] (1976) 1 LLJ 274 SC

[60] Section 18 of the Industrial Disputes Act,1947.

[61] Mohan Mahto v. Central Coal Field ltd (2007) 8 SCC 549

[62] Punjab National Bank v. Manjeet Singh (2006) 8 S.C.C 647

[63] D.K.Ganguly, Commentary on the Industrial Disputes Act, 1947 with Allied Laws, (2008)

[64]David A. Pluchinsky, How Does Arbitration Differ From Mediation and Civil Litigation? Houston Business Journal, May 7, 2004 available at http://corporate.findlaw.com/litigation-disputes/how-does-arbitration-differ-from-mediation-and-civil-litigation.html

[65] N.A Palkhiwala, We, the Nation: The Lost Decades 209 (1994)

[66]Edward C. Mengel , Arbitration v. Litigation In Court: Which To Choose If You Have The Choice – Available at http://corporate.findlaw.com/litigation-disputes/arbitration-v-litigation-in-court-which-to-choose-if-you-have.html#sthash.Gc1jRKzQ.dpuf

[67]James L. Knoll ,Arbitration: Dispute Resolution Outside the Courts, available at  http://www.open-spaces.com/article-v8n3-knoll.php

[68] P.M.Radhakrishnaiah, Industrial Disputes Act, 1947,(16th ed, 2011)

[69]Y.V.Sanyasi Row & Y.Ramesh, Commentary on the Industrial Disputes Act, 1947,(2nd ed., 2011                )

[70]By Michael T. Griffin, Julie Mahaney,  Regulatory: Pros and cons of using arbitration for dispute,February 15, 2012, available at http://www.insidecounsel.com/2012/02/15/regulatory-pros-and-cons-of-using-arbitration-for#.UmJIw5aaytU.email

[71] H.L. Kumar ,Practical guide to industrial employment (standing orders) acts and rules, ( 1st ed. , 2002)

[72] P. R. N. Sinha ,Industrial Relations, Trade Unions, and Labour Legislation, (2nd ed. 2012)

[73] B.D Singh & A.K Sinha , Labour Laws In Brief ,(2011)

[74] Cannon II of the Code of Ethics for Arbitrators in Commercial Disputes (AAA/ABA 1977)

[75] D.K.Ganguly ,Commentary on the Industrial Disputes Act, 1947 with Allied Laws, (2008)

[76] Donald Wittman ,Final-Offer Arbitration,  , Management Science, Vol. 32, No. 12 (Dec., 1986), pp. 1551-1561

Available at http://www.jstor.org/stable/2631829 .

[77] Loeb &LoebLLP, What is an Arbitrator's Duty of Disclosure?By, Available at http://corporate.findlaw.com/litigation-disputes/what-is-an-arbitrator-s-duty-of-disclosure.html

[78] By Coudert Brothers LLP ,India Adopts New Arbitration Law available at http://corporate.findlaw.com/litigation-disputes/india-adopts-new-arbitration-law.html

[79] Bibek Debroy, "Labour Market Reform", Policy Paper Number22, Project LARGE,(1997).

[80] SECTION 18 Of I.D.Act

[81] Fallon, Peter R., and Robert E. B. Lucas, "The Impact of Changes in Job Security  Legislations in India and Zimbabwe", World Bank Economic Review, Vol. 5, No. 3, pp. 395-413, (1991)

[82] National Labour Association (1994), " Uniform Indian Labour Code -A Draft", FES.   Venkataratnam C.S. (1997), "Labour Market in India", Policy Paper Number 23, Project LARGE.

[83] Hanumantha Charya, K.Uppal and M.Sharma (1995), "Simplication of Labour Laws and  Procedures", Legal dimensions of  Economic Reforms.(1997).

[84] Debroy, B., Labour Market Reform,  Policy Paper Number 22, Project LARGE.(1997).

[85] Nagraj, V., "Labour Laws and  Legal  dimensions of Economic Reforms, Allied Publishers(1995).

 

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