Engineering Mazdoor Sabha v. Hind Cycles

Core point: A Section 10A arbitrator works because the parties agree. He does not use the State’s judicial power. So, his award cannot be appealed to the Supreme Court under Article 136.

Result: Appeal by special leave was held incompetent. The award stood; only limited writ review (Art. 226) may lie for serious legal errors.

1. Is a 10A arbitrator a “tribunal” so that an Article 136 appeal lies?
2. Does a 10A arbitrator exercise State-derived judicial power or only party-agreed authority?

• Tribunal test: Must wield State judicial power.
• 10A arbitrator: Power comes from agreement, not sovereign delegation.
• Trappings ≠ tribunal: Procedure, evidence, binding award do not by themselves convert status.

• Not a tribunal: A 10A arbitrator is not invested with State judicial power; Article 136 is inapplicable.
• Trappings insufficient: Procedure and binding awards do not change the source of authority.
• Remedy: Possible Article 226 review for jurisdictional or natural justice errors.

“Tribunal” under Article 136 = body using State’s judicial power. A 10A arbitrator acts only on the parties’ agreement; therefore, no direct Art. 136 appeal.

• Draws a bright line between private arbitration and State tribunals.
• Guides parties on the right forum for challenging 10A awards (writs, not Art. 136 appeals).
• Preserves the constitutional design of Article 136.

• 10A arbitrator ≠ tribunal; no Art. 136 appeal.
• State power source is decisive—not procedures.
• Use Art. 226 for limited judicial review.

Mnemonic: “AGREEMENT, NOT AUTHORITY”

1. Source: 10A = party agreement.
2. Status: Not a State tribunal.
3. Step: Challenge by Art. 226, not Art. 136.

Issue: Does Article 136 cover 10A arbitral awards?

Rule: Only bodies using State judicial power are “tribunals”.

Application: 10A arbitrator acts via party consent; no sovereign delegation.

Conclusion: No Art. 136 appeal; writ jurisdiction remains.

Section 10A (ID Act)

Parties refer disputes to arbitration by agreement; award is published and enforceable.

Article 136

Supreme Court’s special leave power over decisions of courts/tribunals exercising State power.

Trappings of a court

Court-like procedures. Alone, they don’t make a body a tribunal.