Whether an arbitrator appointed under Section 10A of the Industrial Disputes Act, 1947, is a "tribunal" under Article 136 of the Constitution, allowing appeals to the Supreme Court?
Whether the arbitrator under Section 10A exercises judicial power derived from the State or merely acts based on party agreement?
A tribunal under Article 136 must be invested with the State’s judicial power. An arbitrator under Section 10A derives authority solely from the agreement between parties, not from any statutory delegation of judicial functions. His power to adjudicate exists because the parties voluntarily submit to his decision, not because the law vests him with adjudicatory authority.
The "trappings of a court"—such as procedural safeguards, evidence-taking, and binding decisions—are insufficient to confer tribunal status. A tribunal must exercise judicial power on behalf of the State, whereas an arbitrator under Section 10A merely acts within a contractual framework recognized by law.