PROVISIONS OF
THE INDUSTRIAL DISPUTES ACT, 1947.
APPOINTMENT OF CONCILIATION OFFICERS.
Section 4 of the Industrial Disputes Act, 1947 confers power upon the Government to appoint Conciliation Officers by notification in the official gazette, for a specified area or for one or more specified industries for the purpose of mediating in and promoting settlement of industrial disputes. The Labour Officer (Conciliation) and the Assistant Inspectors of Labour have been notified and appointed as Conciliation Officers.
Section 4
The appropriate government may, by notification in the Official Gazette, Appoint such number of persons, as it thinks fit to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes.
A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.
PROCEDURE AND POWERS OF CONCILIATION OFFICERS
Section 11 (2) of the Industrial Disputes Act,1947 prescribing the powers of the Conciliation Officers states that, such officer may, for the purpose of inquiry into existing or apprehended industrial dispute, after giving reasonable notice enter the premises occupied by an industrial establishment to which the dispute relates.
Section 11 (2)
A Conciliation Officer or a member of a board (or court or the presiding officer of a Labour Court, Tribunal or National Tribunal) may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates
Section 11 (4)
A Conciliation Officer may enforce the attendance of any person for the purpose of examination of such person or call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or to be necessary for the purpose of verifying the implementation of any award or carrying out duty imposed on him under this Act, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of enforcing the attendance of any person and examining him or of compelling the production of documents.
Section 11 (6)
All Conciliation Officers, members of a Board or court and the presiding officers of a Labour Court, Tribunal or National Tribunal shall be deemed to be Public servants within the meaning of section 21 of the India Penal Code (45 of 1860).
DUTIES OF CONCILIATION OFFICERS
Section 12 of the Industrial Disputes Act,1947 prescribes the duties of Conciliation Officers. If the employer and the workmen fail to arrive at a settlement through negotiations, the Conciliation Officer may intervene as a mediator, endeavour to reconcile the differences of opinion and help the labour and management in achieving a successful settlement. Intervention by the Conciliation Officer is mandatory in case an industrial dispute has arisen in a public utility service and a notice of strike or lockout (under section 22) has been served.
The Conciliation Officer shall, for the purpose of bringing about a settlement of dispute, without delay, investigate the dispute and all matters affecting the merits and the 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.
The Conciliation Officer shall send a report of proceedings to the Government, as to whether the settlement has been achieved or not, within fourteen days of the commencement of the conciliation proceedings or within such extended time as may be allowed and in the prescribed manner. If a settlement is arrived at as a result of conciliation proceedings a memorandum of settlement is worked out and it becomes binding on all the parties concerned for a period agreed upon. If no settlement is arrived at, the Conciliation Officer shall, as soon as practicable after the close of investigation, send a full report to the Government, setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, and the reasons on account of which a settlement could not be reached.
Section 12
Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to public utility service and a notice under section 22 has been given, shall, hold conciliation proceedings in the prescribed manner.
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 the 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.
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 (or an officer authorized in this behalf by the appropriate government) together with a memorandum of the settlement signed by the parties to the dispute.
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.
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 there for.
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.
(PROVIDED that, [subject to the approval of the conciliation officer] the time for the submission of the report may be extended such period as may be agreed upon in writing by all the parties to the dispute.)
(N.B.: In Puducherry, the time limit of sixty days has been fixed from the commencement of the conciliation proceedings, by the Government)
The Settlement
A settlement arrived at , in the course of conciliation proceedings comes into operation -
on such date as is agreed upon by the parties to the dispute: and
where no such date is agreed upon, on the date on which the memorandum of settlement is signed by the parties to the dispute.
The settlement shall be binding -
for the period agreed upon by the parties: and
where no such period is agreed upon, for a period of six months from the date on which the memorandum of settlement is signed.
The settlement shall remain binding for a further period until the expiry of two months from the date on which a notice in writing for termination of the settlement is given by any one party to the other party or parties
PROTECTION OF WORK-MEN DURING PENDENCY OF CONCILIATION PROCEEDINGS
During pendency of any conciliation proceedings before a Conciliation Officer in respect of any dispute, no employer can alter the conditions of service to the prejudice of the workmen concerned with the dispute or dismiss or punish any such workmen without obtaining written permission of the authority concerned.
OBLIGATIONS OF EMPLOYERS
Not to make any change in the service condition of the workmen without giving a notice prescribed under Section 9A
To assist the Conciliation Officer in resolving any dispute.
To implement all agreements, settlements and Awards.
To maintain a muster-roll of the workmen employed in the establishment, even at the time when workmen have been laid-off, and to ensure that the names of the workmen who present themselves for work at the appointed hours, are entered therein.
Not to declare, support or finance an illegal lock-out, in the establishment.
Not to lay-off or retrench any workmen or close down any undertaking, without obtaining prior approval of the Government if so required.
To pay lay-off, retrenchment and closure compensation, compensation to workmen for illegal lock-out, as prescribed under the provisions of the Act.
Not to indulge in unfair labour practices.
OBLIGATIONS OF EMPLOYEES
To assist and co-operate with the Conciliation Officer in resolving any industrial dispute.
Not to participate in, support or finance an illegal strike.
To abide by all agreements, settlements and Awards.
Not to indulge in unfair labour practices.
OFFENCES AND PENALITIES
OFFENCES
PENALTIES
1.
Any employer who resorts to lay-off or retrenches workman without obtaining prior permission from the Government.
Imprisonment upto one month or fine upto Rs. 1000/- or both
2.
Closure of an undertaking without obtaining prior approval of the Government.
Imprisonment upto six months or fine upto Rs.5000/- or both
3.
Closure of an undertaking in contravention of an order refusing to grant permission for closure, or non-compliance of an order to reopen a closed undertaking.
Imprisonment upto one year or fine upto Rs.5000/- or both. In case of a continuing offence a further fine upto Rs.2000/- per day.
4.
Closure of an undertaking without giving a notice to the workman under Section 25-FFA.
Imprisonment upto six months or fine upto Rs.5000/- or both
5.
Any workmen who participates or acts in furtherance of an illegal strike
Imprisonment upto one month or fine upto Rs.50 or both
6.
An employer who declares an illegal lock-out or acts in furtherance of the same.
Imprisonment upto one month or fine upto Rs. 1000/- or both
7.
Any person who instigates or incites another person to take part in or finances any illegal strike or lock out, or commits any unfair labour practice.
Imprisonment upto six months or fine upto Rs.1000- or both.
8.
Any person who commits a breach of any settlement or award binding on him.
Imprisonment upto six months or fine or both. In case of a continuing breach an additional fine upto Rs.200/- per day.
9.
Any person who willfully discloses any information which is declared to the Confidential under section 21.
Imprisonment upto six months or fine upto Rs. 1000/- or both
10.
Contravention of any other provision of the Act or the rules made there under
Fine upto Rs. 100/-
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