Bombay Industrial Relations Act (extended to Gujarat), 1946
Notwithstanding anything contained in this Act, [an employer or] a registered union which is a representative of employees and which is also an approved union may refer any industrial dispute for arbitration to the Industrial Court : Provided that, no such dispute shall be referred to the Industrial Court,— (i) after two months from the date of the completion of the proceedings before the Conciliator ; [(ii) where the registered union or the employer, as the case may be, has offered in writing before the Conciliator to submit the dispute to arbitration under this Act and the employer or the union, as the case may be, has not agreed to do so ;] (iii) unless the dispute is first submitted to the Conciliator and the conciliation proceedings are completed or the Conciliator certifies that the dispute is not capable of being settled by conciliation : Provided further that, no such dispute shall be referred to the Industrial Court whereunder any provision of this Act it is required to be referred to the Labour Court for its decision.