SINGH K P Vs. GOKHALE S K

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution of India, petitioner 1, an employee of respondent 2, National Coal Development Corporation, Ltd. , Jamuna Colliery, P. O. Kotma, challenges the award of respondent 1 (annexare 13) on the ground that the arbitrator had no jurisdiction to proceed with the arbitration proceedings in the absence of the procedure to be followed as prescribed by S. IDA of the Industrial Disputes Act, 1947 (Central ).

(2.) RESPONDENT 2, employer, and petitioner 2, M. P. Koyla Mazdoor panchayat, a registered union, tried for conciliation of their dispute through the machinery of conciliation ; but the conciliation proceedings did not fructify. However, by an agreement dated 14 January 1966, they entered into an agreement (petitioner's annexure 7) referring the industrial dispute for arbitration by the sole arbitrator, S. K. Gokhale. Regional Labour Commissioner (Central), Jabalpur, for adjudication of the following points of dispute:

(3.) AT the stage it may be relevant to reproduce Section 10a of the Industrial Disputes Act, 1947, which is as follows: Sub-section (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 10 to a labour court or tribunal or national tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such parson or persons (including the presiding officer of a labour court or tribunal or national tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement. Sub-section (1a. ).-Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this Act. Sub-section (2),-An arbitration agreement referred to in Subsection (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed. Sub-section (3 ).-A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer and the appropriate Government shall, within (one month) from the date of the receipt of such copy, publish the same in the official gazette. Sub-section (3a ).-Where an industrial dispute has been referred to arbitration and the appropriate Government is satisfied that the parsons making the reference represent the majority of each party, the appropriate Government may, within the time referred to in Sub-section (3), issue a notification in such manner as may be prescribed; and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators. Sub-section (4 ).-The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be. Sub-section (4a ).-Where an industries dispute has been referred to arbitration and a notification has been issued under Sub-section (3a), the appropriate Government may, by order, prohibit the continuance of any strike or lookout in connetion with such dispute which may be in existence on the date of the reference. Sub-section (5 ).-Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to arbitrations under this section.