Q: I am writing on behalf of a group of employees of a nationalised bank. Some disputes have arisen between us and the management regarding the terms and conditions of employment. We were told that the same constitutes industrial disputes and would have to be adjudicated by the labour court. But proceedings in the labour court take very long to conclude. Can such disputes be resolved through arbitration? Anup Basu

A: When an industrial dispute arises, the appropriate government might refer that to a board of conciliation constituted under the Industrial Disputes Act, 1947, for settlement or might refer it to a court of enquiry, or to a labour court or an industrial tribunal for adjudication depending on the nature of the dispute (Section 10 of the act). Proceedings before the labour courts sometimes do take a long time to conclude, but you do not have a choice unless the management agrees to go for an arbitration. Section 10 provides that the employer and the workmen might agree in writing to refer an industrial dispute to arbitration of agreed person(s). This must be done before such dispute is referred to a labour court or tribunal. The appropriate government shall publish the arbitration award within a month and it shall become enforceable on the expiry of 30 days from the date of its publication subject to certain exceptions (Section 18). An award which has become enforceable shall be binding on the concerned parties. However, arbitration might not be a more expeditious remedy than a labour court / tribunal proceeding.

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