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Form for Agreement Between the Employer: Draft & Format

Reference draft used in Indian courts — replace the blanks with your own case details.

(See rule 1)
Agreement
(Under section 1 OA of the Industrial Disputes Act, 1947)
BETWEEN
Names of the Parties
Representing employers:
Representing workmen/workman:
It is hereby agreed between the parties to refer the following dispute to the arbitration of…………….. :
(i) Specific matters in dispute;
(ii) Details of the parties to the dispute including the name and address of the establishment or undertaking involved;
(iii) Name of the workman in case he himself is involved in the dispute or the name of the Union. if any, representing the workmen or workman in question;
(iv) Total number of workmen employed in the undertaking affected;
(v) Estimated number of workmen affected or likely to be affected by the dispute.
*We further agree that
the majority decisions of the arbitrator(s) be binding on us.
The arbitrator(s) shall make his (their) award within a period of ............................ (here specify the period agreed upon by the parties) or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period aforementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration.
Signature of the parties.
Representing employer.
Workman/Representing workman/workmen.
Witnesses
(1)
(2)
Copy to:
(i) The Assistant Labour Commissioner (Central) ……………….(here enter office address of the Conciliation Officer in local area concerned).
(ii) The Regional Labour Commissioner (Central) ............................
(iii) The Chief Labour Commissioner (Central), New Delhi.
(iv) The Secretary to the Government of India, Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), New Delhi.
*Where applicable.
**Delete whichever is not applicable.

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Arbitration team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our arbitration team handles Section 11 applications, awards and enforcement.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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