Rule 37. Form of arbitration agreement and the manner thereof under sub-section (3) of section 42

(1)Where the employer and workers agree to refer the dispute to arbitration, the Arbitration Agreement shall be in Form-IX and shall be signed by the parties to the agreement. The agreement shall be accompanied by the consent either in writing or electronically of arbitrator or arbitrators.

(2) The Arbitration Agreement referred to in sub-rule (1) shall be signed,-

(i) in case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other officer of the corporation authorized for such purposes;

(ii) in the case of the workers, by the officer of the registered Trade Union authorized in this behalf or by three representatives of the workers duly authorized in this behalf at a meeting of the concerned workers held for such purpose; and

(iii) in the case of an individual worker, by the worker himself or by an officer of registered Trade Union of which the worker is a member.

Explanation:In this rule, the expression officer means any of the following officers of the registered Trade Union, namely:-(a) the President;

(b) the Vice-President;

(c) the Secretary (including the GeneralSecretary);

(d) a Joint Secretary;and

(e) anyotherofficeroftheTradeUnionauthorizedinthisbehalfby the President and Secretary of theunion.