Case Note & Summary
The dispute arose between the Engineering Mazdoor Sabha representing workmen and Hind Cycles Ltd. regarding an arbitration award. The parties voluntarily referred their dispute to arbitration under Section 10A of the Industrial Disputes Act, 1947, with the arbitrator pronouncing the award on April 8, 1960. The appellants challenged the award, seeking special leave to appeal to the Supreme Court, which led to the question of whether the arbitrator constituted a Tribunal under Article 136 of the Constitution. The respondent contended that the appeal was incompetent as the arbitrator was not a Tribunal. The court analyzed the nature of the arbitrator's role, distinguishing between judicial and quasi-judicial functions, and concluded that while the arbitrator's decisions are quasi-judicial, they do not constitute a Tribunal as defined under Article 136 since the arbitrator derives authority from the parties' agreement rather than from the State. The court referenced previous judgments to support its reasoning, ultimately holding that the appeals against the arbitrator's decisions were not maintainable under Article 136. The court emphasized that the arbitrator's position is distinct from that of a statutory Tribunal, which is appointed by the State and endowed with inherent judicial powers.
Headnote
A) Industrial Law - Arbitration Awards - Competence of Appeals - Industrial Disputes Act, 1947, Sections 10, 10A, 18 - The Supreme Court examined the nature of arbitration awards made under Section 10A and concluded that while such awards are quasi-judicial, the arbitrator is not a Tribunal under Article 136 as the power of adjudication is derived from the parties' agreement, not the State. Held that appeals against such awards do not lie under Article 136 (Paras 1-10).
Issue of Consideration
Whether an arbitrator appointed under Section 10A of the Industrial Disputes Act, 1947 is a Tribunal under Article 136 of the Constitution of India.
Final Decision
The Supreme Court held that the arbitrator appointed under Section 10A of the Industrial Disputes Act, 1947 is not a Tribunal under Article 136 of the Constitution, and therefore, the appeals against the arbitration award do not lie under Article 136.
Law Points
- Industrial Disputes Act
- 1947
- Article 136
- quasi-judicial decisions
- arbitration agreements
- statutory arbitrators
