Conciliation Officer

LABOUR LAGISLATION

CONCILIATION OFFICER

PROJECT COMPILED BY

PARVEJ SHAHRICHIE DABHIKINNARI RAVALMITESH VARMASAVITA KHSATRIYAALPESH SHARMAJAYESH PARMARKAUSHAL VAISHNAV

Authorities under industrial dispute Act, 1947

Under the Industrial Dispute Act,1947, seven authorities are constituted for the settlement of industrial dispute

a) Works Committeeb) Conciliation Officerc) Boards of Conciliationd) Court of Inquirye) Labor Courtsf) Tribunalsg) National Tribunals

Conciliation Officer “Conciliation Officer” means a conciliation officer

appointed under this Act.

The appropriate government may by notification in the official Gazette, appoint conciliation officers.

These officers are charged with the duty of mediating in and promoting the settlement of industrial disputes.

Conciliation Officer The appropriate government may appoint one or more

conciliation officers as it thinks fit.

A conciliation officer may be appointed for a specified area or for one or more specified industries.

The appointment may be made either permanently or for a limited period.

The jurisdiction, power and other matters in respect of the conciliation officer shall be published in the official Gazette.

Powers of Conciliation Officer Subject to any rules that may be made in this

behalf, an arbitrator, a Board, Court, Labour Court, Tribunal or National Tribunal shall follow such procedure as the arbitrator or other authority concerned may think fit.

A conciliation officer or a member of a Board, or Court or she presiding officer of a Labour Court, Tribunal or National Tribunal may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates.

Powers of Conciliation Officer

A conciliation officer may enforce the attendance of any person for the purpose of examination of such person or call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of enforcing the attendance of any person and examining him or of compelling the production of documents.

All conciliation officers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

DUTIES OF CONCILIATION OFFICERS

Where an industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall, hold conciliation proceedings in the prescribed manner.

The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.


If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government or an officer authorized in this behalf by the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute.

If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.


If, on a consideration of the report referred to in sub-section, the appropriate Government is satisfied that there is a case for reference to a Board, Labour Court, Tribunal or National Tribunal, it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefore.

A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government

Provided that, Subject to the approval of the conciliation officer, the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.

Conciliation Proceedings Any proceedings held by a conciliation officer

Proceedings should be conducted in a cordial atmosphere and opportunities should be provided to the both parties to present their views

Conciliation proceedings are deemed to have commenced on the date the C.O.recieves the notice of strike or lock –out under Sec.22 of ID Act 1947 in public utility services of if no notice is received, the C.O. has to give formal intimation in writing his intention to commence Con. Proceedings with effect of date.

Conciliation Proceedings

Conciliation Proceedings are included

a) When settlement is arrived at when a memorandum of settlement is signed by the parties to disputes OR

b) When no settlement is arrived at when the report of C.O. is received by the Appropriate Govt.

c) C.O has to provide failure report to Appropriate Govt.within 14 days

Submission of Failure Report

Repot within 14 days Con. Proceedings are continued

beyond 14 days & if the report had not been sent within the prescribed time, the proceedings were still held to be valid because the contravention of Sec.12(6) may amount to breach of duty on the part of C.O. but does not affect legality of proceedings

Can a C.O. institute fresh Con. Proceedings after submitting of the failure report?

If no settlement could be arrived at, he will not be debarred from making further efforts to bring our settlement between Mgt. and workmen

If after the submission of failure report to App. Govt ., the parties approach him or if he feels that the parties are in a mood to reconcile, it would be open to him to institute a fresh conciliation proceedings for bringing about a settlement of the dispute between parties

A C.O does not become functus officio after he makes a report under Sec.12(4)

ANY QUESTIONS?!?!

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Education

Conciliation Officer