Introduction :
In the present article we would be discussing the correlation of arbitration with Labour and Industrial laws in India. Similar to the failure of the government to promote arbitration and other methods of alternate dispute resolution, it failed to gain any force in labour laws as well and has not been able to gain the required momentum till date. We have tribunals set up, we have a structured judicial system in place, however, they are overburdened with the considerable number of industrial disputes coming up. Moreover, the primary problem with judicial (courts) and quasi-judicial (tribunals) bodies is that they are bound by rules of procedure. Judicial bodies somewhat more than quasi-judicial. However, there is somewhat a flexibility in alternate methods of dispute resolution leading to speedy and cost-effective resolution of disputes.
Background to Section 10A of Industrial Disputes Act, 1947 :
This leads us to the concept of Voluntary Reference to Arbitration enshrined under Section 10A of the Industrial...