Which of the following is not correct? A voluntary reference of disput

Which of the following is not correct? A voluntary reference of dispute to arbitration under Section 10A of the Industrial Disputes Act, 1947 can be made

where the industrial dispute exists or is apprehended
when the employer and the workmen agree to refer the dispute to arbitration
at any time before or after the dispute has been referred under Section 10
to such person or persons as may be specified in the arbitration agreement
This question was previously asked in
UPSC CISF-AC-EXE – 2024
Section 10A(1) of the Industrial Disputes Act, 1947 states that where an industrial dispute exists or is apprehended, the employer and the workmen may, by a written agreement, at any time *before* the dispute has been referred under Section 10 to a Labour Court or Tribunal or National Tribunal, agree to refer the dispute to arbitration. Statement C says the reference can be made “at any time before or after the dispute has been referred under Section 10”. The inclusion of “after” makes this statement incorrect as per Section 10A.
The question tests the understanding of the conditions and timing for voluntary reference of an industrial dispute to arbitration under Section 10A of the Industrial Disputes Act, 1947.
– Statement A is correct; a dispute can be referred when it exists or is apprehended (Section 10A(1)).
– Statement B is correct; the employer and workmen must agree to refer the dispute (Section 10A(1)).
– Statement D is correct; the dispute is referred to such person(s) as specified in the arbitration agreement (Section 10A(1)).
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