Section 42(5) in THE INDUSTRIAL RELATIONS CODE, 2020
(5)Where an industrial dispute has been referred to arbitration and the appropriate Government is satisfied that the persons making the reference represent the majority of each party, the appropriate Government may issue a notification in such manner as may be prescribed; and when any such notification is issued, the employers and workers who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators:Provided that-(i)where such industrial dispute is the industrial dispute other than the termination of individual worker by way of discharge, dismissal, retrenchment or otherwise, the workers shall be represented before the arbitrator,-(a)where there is negotiating union or negotiating council, by the negotiating union or negotiating council, as the case may be; or(b)where there is no negotiating union or negotiating council, by the Trade Union; or(c)where there is no Trade Union, by such representatives of the workers chosen in such manner as may be prescribed;(ii)where such industrial dispute relates to termination of individual worker by way of discharge, dismissal, retrenchment or otherwise, the concerned workers shall be represented in person or through a representative authorised by him.
