Conciliation Proceedings

• Conciliation is the persuasive process of

settling industrial disputes.
• The interference of the third party persuades
disputants to come to an equitable
adjustment of claims.
• The third party himself is not the decision
maker but he is merely a person who helps
the disputants to come to an amicable
settlement.
• The ultimate decision is of the disputants
themselves.
• The Industrial dispute act 1947 provides for
appointment of Conciliation officers and
Conciliation Board by the appropriate
government.
 Duties of the Conciliation Officers
• Section 12 lays down the duties of Conciliation
Officer.
• The very object is to bring reconciliation, if
possible between the parties(employer and
employee) and such conciliation must be by
consent of both parties.
• The duties of the conciliation officer are not
just judicial but purely administrative.
• He is not the arbitrator.
• He coordinates the matter between the rival
parties (employer and employees).
 Section 12 (1)
• Where any 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. 
 Prevention is better than cure
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 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.
 Settlement of Disputes
• 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  together with a
memorandum of the settlement signed by
the parties to the dispute.
 If no settlement
• 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.
 Reference to Labour Court
• (5) If, on a consideration of the report referred to
in sub-section (4), 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 therefor.
•  shall be binding on both the parties.
• (6) 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.
 State of Bihar v. Kripa Shankar Jaiswal, AIR
(1961) SC 340
 Limitation
• Report shall be submitted within 14 days of
commencement of conciliation proceedings.
• If the parties request for the extension of time
extension will be provided.
• There shall be no conciliation proceedings in a
non- industrial dispute.
• The report of the Conciliation officer is not a
privileged or confidential document. It is a
public document.
 Powers of Conciliation officer- Sec-11
• Shall have the same power as are vested in a
Civil Court under the Code of Civil Procedure ,
1908 (V of 1980), when trying a suit in respect
of the following matters, namely :
• (a) enforcing the attendance of any person
and examining him on oath;
• (b) compelling the production of documents
and material objects;
• (c) issuing commission for the examination of
witness;
 Every inquiry and investigation shall be deemed
to be a judicial proceeding, within the meaning
of section 193 and 228 of the Indian Penal Code
(XLV of 1860).
•  All Conciliation Officers, shall be deemed to
be public servants within the meaning of
section 21 of Indian Penal Code (XLV of
1860).
 Section 33
•  Conditions of service, etc. remain unchanged
under certain circumstances during pendency
or proceedings. 
 Section 33 A
• Where an employer contravenes the provisions
of section 33 during the pendency of proceedings
before a conciliation officer Board, any
employee aggrieved by such contravention, may
make a complaint in writing in the prescribed
manner, - to such conciliation officer or Board,
and the conciliation officer or Board shall take
such complaint into account in mediating in, and
promoting the settlement of, such industrial
dispute.
• Rohtas industries Majdoor Sangh v. State of
Bihar. (1974)
• No person employed in a public utility service
shall go on strike in breach of contract during
the pendency of any conciliation proceedings
and seven days after conclusion of such
proceedings.
 Court of Inquiry Section 6
• The appropriate Government may as occasion
arises by notification in the Official Gazette,
constitute a Court of inquiry for inquiring into
any matter appearing to be connected with or
relevant to an industrial dispute.
•  A Court may consist of one independent
person or of such number of independent
persons as the appropriate Government may
think fit .
• Where a Court consist of two or more
members, one of them shall be appointed as
the Chairman.
 Purpose
• For inquiring into any matter appearing to be
connected with or relevant to an industrial
dispute.
• The idea of Court of Inquiry is borrowed from
the British Industrial Court 1919.
Jurisdiction of the Court of Enquiry
• Consists of one or more members, one of
whom shall be appointed as the chairman

• For inquiring into any matter appearing to be

connected with or relevant to an industrial
dispute
 Section 14
• It shall be the duty of the Court of inquiry to
submit its report to the appropriate
government ordinarily within six months from
the commencement of its inquiry
Appropriate Government shall be publishing
its report within 30 days of its receipt.