Trade Unions and Trade Disputes.
[CAP. 64
disputes to
arbitration
35. (1) The Governor may, where a trade dispute Reference of exists or is apprehended, refer the matter with the consent of both parties to an arbitration tribunal to be appointed by the Governor.
(2) The tribunal shall be constituted of either-
(a) a sole arbitrator to be agreed upon by both parties
to the dispute; or
(b) an arbitrator to be agreed upon by both parties to the dispute assisted by one or more assessors nominated by or on behalf of the employers con- cerned and an equal number of assessors nominated by or on behalf of the workmen concerned : Provided that the award shall be made and issued by the arbitrator only.
tribunal.
(3) If there are existing in any trade or industry arrangements for settlement by conciliation or arbitration. of disputes in such trade or industry, or any branch thereof, made in pursuance of an agreement between organizations of employers and organizations of workmen representative respectively of substantial proportions of the employers and workmen engaged in that trade or industry, the Governor shall not, unless and until there has been a failure to obtain a settlement by means of those arrangements, refer the matter for settlement in accordance with the foregoing provisions of this section. Order XXV of the Code of Civil (Cap. 4, Procedure (which provides for reference to arbitration) shall Rules.) not apply to any proceedings of an arbitration tribunal under this Ordinance or to any award issued by it.
on the
36. (1) Whenever the tribunal consists of an arbitrator Vacancies assisted by assessors and any vacancy occurs in the number tribunal. of assessors the tribunal may in the discretion of the arbitrator either act notwithstanding such vacancy or consent to another assessor being nominated and appointed to fill such vacancy.
(2) No act, proceeding or determination of the tribunal shall be called in question or invalidated by reason of any such vacancy.
37. Any award of an arbitration tribunal shall be Publication submitted to the Governor who shall as soon as possible
of award.
451
198