Reference to arbitration by unions

(1) Notwithstanding anything contained in this Act, a Representative Union may refer in the prescribed manner any industrial dispute for arbitration to a Board or the Industrial Court, if it relates to the matters in Schedule I or otherwise to a Labour Court; Provided that no such dispute shall be referred— (i) after two months from the date of completion of the proceedings before the Conciliator; (ii) where the employer has offered in writing before the Conciliator to submit the dispute to the arbitration under this Act and the union 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. (2) A copy of the reference made under sub-section (1) shall also be forwarded to the State Government, the Labour Commissioner and the Conciliator having jurisdiction, as early as possible.