BIRA 86CC — Reference to Wage Boards by certain registered unions.

Bombay Industrial Relations Act (extended to Gujarat), 1946

Statutory text

Notwithstanding anything contained in any other provision of 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 of the nature mentioned in sub-section (1) of section 86C other than a dispute in respect of bonus, to a Wage Board for decisions :

Provided that no such dispute shall be referred to the Wage Board by the union,—

(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].

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