Page 163 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes 7.4 Settlement of Industrial 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:
1. Conciliation Officer and Board of Conciliation
2. Voluntary Arbitration

3. Adjudication by Labour Court, Industrial Tribunal and National Tribunal

7.4.1 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 Government are empowered under the Industrial Disputes Act, 1947
to appoint such number of conciliation officers as may be considered necessary for specified
areas for specified industries in specified areas either permanently or for limited periods.
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 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
from the Government.

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 is also empowered
to enforce the attendance of any person for the purpose of examination of such persons. For all
these purposes the conciliation of 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.

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