Page 87 - DCOM207_LABOUR_LAWS

Labour Laws

Notes from the Government. In such cases conciliation proceedings are deemed to have commenced
from the time the notice of strike is received by the conciliation officer. In other cases conciliation
may be initiated at the discretion of the Government. The conciliation officer’ may send formal
intimation to the parties concerned declaring his intention to commence conciliation proceedings
with effect from the date he may specify. He may hold meetings with the parties to the dispute
either jointly or separately.

A joint meeting saves time and also affords parties an opportunity to meet each other and put
forward their respective view points and comments about the dispute. Conciliation proceedings
are to be conducted expeditiously in a manner considered fit by the conciliation officer for the
discharge of his duties imposed on him by the Act, If a settlement is arrived at in the course of
the conciliation proceedings, memorandum of settlement is worked out and signed by the parties
concerned, and it becomes then binding on all parties concerned for a period agreed upon.
The conciliation officer is to send a report to the Government giving full facts along with a copy
of the settlement. If no agreement is arrived at, the-conciliation- officer is required to submit a full
report to the Government explaining the causes of failure.
After considering the failure report the Government may refer the dispute to the Board of
Conciliation, arbitration, or for adjudication to Labour Court or Industrial Tribunal. If the
Government does not make such a reference, it shall record and communicate to the parties
concerned the reasons thereof. While exercising its discretion, the Government must act in a
bonafide manner and on consideration of relevant matters and facts. The reasons must be such as
to show that the question was carefully and properly considered. The conciliation officer has to
send his report within 14 days of the commencement of conciliation proceedings, and this period
may be extended as may be agreed upon by the parties in writing.
The conciliation officer is not the judicial officer. After reporting that no settlement could be
arrived at, he cannot be debarred from, making fresh effort to bring about a settlement. But he
cannot take final decision by himself.

Powers of Conciliation Officer

Under the Act, conciliation is not a judicial activity. It is only administrative, since it is executed
by the Government agency. Although conciliation officer is not a judicial officer, but to enable
him to discharge his duties cast upon him under the Act, he has been empowered to enter the
premises occupied by an establishment to which the dispute relates after giving reasonable
notice for inspecting same, or any of its machinery, appliances or articles. He can also interrogate
any person there in respect of any thing situated therein or any matter relevant to the subject
matter of conciliation. He can also call for any document which he has ground for considering
relevant in the dispute, or to be., necessary for the purposes of verifying the implementation of
any award or carrying out any other duty imposed on him under the Act. He is also empowered
to enforce the attendance of any person for the purpose of examination of such persons. For all
these purposes the conciliation officer shall have the same power as are vested in a Civil Court
under the Code of Civil Procedure. He is also deemed to be public servant within the meaning of
Sec. 21 of the Indian Penal Code.

Settlements In and Outside Conciliation

A settlement arrived at in proceedings under the Act is binding on all the parties to the dispute.
It is also binding on other parties if they are summoned to appear in conciliation proceedings as
parties to the dispute: In case of employer such a settlement is also binding on his heirs, successors,
assigns in respect of establishment to which these dispute relate. In regard to employees, it is
binding on all persons who were employed in establishment or part of the establishment to
which the dispute relates on the date of dispute, and to all persons who subsequently become
employed in that establishment.

82 LOVELY PROFESSIONAL UNIVERSITY