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Unit 5: Industrial Disputes Act

Self Assessment Notes

State whether the following statements are true or false:
7. The representatives of the workmen shall be chosen in the prescribed manner from among
the workmen engaged in the establishment and in consultation with their trade union, if
any, registered under the Indian Trade Unions Act, 1926.

8. A Tribunal shall consist of two person only to be appointed by the appropriate
Government.
9. The Central Government may, if it so thinks fit, appoint four persons as assessors to advise
the National Tribunal in the proceeding before it.

5.4 Procedure and Machinery for Investigation and Settlement of
Disputes

For Industrial; disputes which are not prevented or settled by, collective bargaining or Works
Committees or by Bipartite negotiations, the following authorities are provided under the
Industrial Disputes Act for resolving the same.

l z Conciliation Officer and Board of Conciliation
l z Voluntary Arbitration
l z Adjudication by Labour Court, Industrial Tribunal, and National Tribunal

5.4.1 Conciliation

Conciliation in industrial disputes is a process by which representatives of management and
employees and their unions are brought together before a third person or a body of persons with
a view to induce or persuade them to arrive at some agreement to their satisfaction and in the
larger interest of industry and community as a whole. This may be regarded as one of-the phases
of collective bargaining and extension of process of mutual negotiation under the guidance of a
third party, i.e. Conciliation Officer, or a Board of Conciliation appointed by the Government.
Both the Central and State Governments are -empowered under the Industrial Disputes Act,
1947 to appoint such number of conciliation officers as may be considered necessary for specified
areas or for specified industries in specified areas either permanently or for limited periods.

Notes The main duty of a Conciliation Officer is to investigate and promote settlement
of disputes. He has wide discretion and may do all such things, as he may deem fit to bring
about settlement of disputes. His role is only advisory and mediatory. He has no authority
to make a final decision or to pass formal order directing the parties to act in a particular
manner.

Process of Conciliation

Where any industrial dispute exists or is apprehended, and is brought to the notice of conciliation
officer by the parties concerned, or is referred to him by the government, or he receives a notice
of strike or lock-out, he is to hold conciliation proceedings in the prescribed manner. Conciliation
proceedings are obligatory in case of public utility services, and in such cases conciliation
proceedings have to be started immediately after receiving notice of strike or lock-out or reference

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