Lawgist.Download the App Now!
Get our Android app for fast and offline Access.
5-B.(1)Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 4-K to a Labour Court or Tribunal by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the Presiding Officer of a Labour Court or a Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement. (2)An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed. (3) A copy of the arbitration agreement shall be forwarded to the state Government, the Conciliation Officer and Labour Commissioner, and the State government shall within fourteen days from the date of receipt of such copy published the same in the official Gazette. (4) The arbitrator or arbitrators shall investigate the dispute and submit to the State Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be .(5) Nothing in the Arbitration Act, 1940 shall apply to arbitrations under this section.
<b>5-B.</b><span style="margin-left:15px;"></span>(1)<span style="margin-left:15px;"></span>Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 4-K to a Labour Court or Tribunal by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the Presiding Officer of a Labour Court or a Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.<br><span style="margin-left:15px;"></span> (2)<span style="margin-left:15px;"></span>An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed.<br><span style="margin-left:15px;"></span> (3)<span style="margin-left:15px;"></span> A copy of the arbitration agreement shall be forwarded to the state Government, the Conciliation Officer and Labour Commissioner, and the State government shall within fourteen days from the date of receipt of such copy published the same in the official Gazette.<br><span style="margin-left:15px;"></span> (4)<span style="margin-left:15px;"></span> The arbitrator or arbitrators shall investigate the dispute and submit to the State Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be .<br><span style="margin-left:15px;"></span>(5)<span style="margin-left:15px;"></span> Nothing in the Arbitration Act, 1940 shall apply to arbitrations under this section.<br><br>