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Legal Format & Draft

Arbitration Agreement under Section 10A: Format

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

Agreement
(Under section 10A of the Industrial Disputes Act, 1947)
BETWEEN The management of the X Y Co. Ltd.
AND The workmen of the X Y Co. Ltd.
Name of the parties
Representative employer.-The management of X Y Co. Ltd., Bombay.
Representing workmen.-AM India X Y Co. Ltd., Employees and Workmen Association.
It is hereby agreed between the parties to refer the following disputes to the sole arbitration of Shri ………at present Regional Labour Commissioner (Central) ……………………
(i) Specific matters in dispute.
(1) Whether the dispute specified in item (2) below has been validly raised by the Employees Association?
(2) Whether the termination of all or any of the following workers is legal and justified? If not to what relief are all or any of the workers entitled?
1
2.
3.
4.
5.
(ii) Details of the parties to the dispute including the name and address of the establishment or undertaking involved.
The employers are the management of X Y Co. Ltd, incorporated under the Companies Act, 1956 and having its registered office at……………………and the establishment of the X Y Co. Ltd, concerned in the dispute is the factory of X Y Co. Ltd. situated at Village .........P.0……………………District……Maharashtra and their workmen represented by ALL INDIA X Y CO. LTD. EMPLOYEES AND WORKMEN ASSOCIATION........... (iii) Name of the Union, if any, representing the workmen in question..........
All India X Y Co. Ltd. Employees & Workmen Association..........
(iv) Total No. of workmen employed in the undertaking affected..........
(v) Estimated No. of workmen affected or likely to be affected by the dispute..........
We further agree that the decision of the said arbitrator shall be binding on us3.
The arbitrator shall make his award within a period of……………… months 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
For Management of X Y Co. Ltd., Bombay
Date: ..........................… …………………
Managing Director
……………………
Personnel Director
For All India X Y Co. Ltd., Employees and Workmen Association ……….
……………………
President
……………………
General Secretary
WITNESSES

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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