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Unit 10: Industrial Disputes Act, 1947

him to discharge his duties cast upon him under the Act, he has been empowered to enter the Notes
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 anything 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.
A settlement arrived at by agreement between the management and workers or their unions
outside conciliation proceedings are binding only on the parties to the agreement. (Section 18)

Board of Conciliation

This is a higher forum which is constituted for a specific dispute. It is not a permanent institution
fake the Conciliation Officer, The Government may, as occasion arises, constitute a Board of
Conciliation for settlement of an industrial dispute with an independent chairman and equal
representatives of the parties concerned as its members. . The chairman, who is appointed by the
Government, is to be a person unconnected with the dispute or with any industry directly
affected by such dispute. Other members are to be appointed on the recommendations of the
parties concerned; and if any party fails to make recommendation, the Government shall appoint
such persons as it thinks fit to represent that party. The Board cannot admit a dispute in conciliation
on its own.-It can act only when reference is made to it by the Government. (Section 5).

Notes As soon as a dispute is referred to a Board, it has to endeavour to bring about a
settlement of the same. For this purpose, it has to investigate the dispute and all matters
affecting the merits and right settlement thereof, for the purpose of inducing the parties to
come to a fair and amicable settlement. Procedure followed by the Board in this regard is
almost the same as adopted by the conciliation officers. The Board is, however, required to
submit its report within two months of the date on which the dispute was referred to it, or
within such short period as the Government may fix in this behalf. The proceedings before
the Board are to be held in public, but the Board may at any stage direct that any witness
shall be examined or proceedings shall be held in camera.

If a settlement is arrived at, a report with a copy of the settlement is submitted, to the Government.
If the Board fails to bring about settlement, a report is submitted to the Government stating the
facts and circumstances, the steps taken, reasons for failure along with its findings. After
considering its findings the Government may refer the dispute for voluntary arbitration if both

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