Section 86CC(ii) in The Maharashtra Industrial Relations Act, 1946
(ii)where the registered union or the employer, as the case may be, has offered in writing before the Conciliator to submit the dispute to arbitration under this Act and the employer or the Union, as the case may be, 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.