Conciliation Officer

1. LABOUR
LAGISLATION
CONCILIATION OFFICER

2. PROJECT
COMPILED BY
PARVEJ SHAH
RICHIE DABHI
KINNARI RAVAL
MITESH VARMA
SAVITA KHSATRIYA
ALPESH SHARMA
JAYESH PARMAR
KAUSHAL VAISHNAV

3. Authorities under industrial dispute
Act, 1947
Under the Industrial Dispute Act,1947, seven authorities are
constituted for the settlement of industrial dispute
c)Works Committee
d)Conciliation Officer
e)Boards of Conciliation
f)Court of Inquiry
g)Labor Courts
h)Tribunals
i)National Tribunals

4. Conciliation Officer
“Conciliation Officer” means a conciliation officer
appointed under this Act.
The appropriate government may by notification
in the official Gazette, appoint conciliation
officers.
These officers are charged with the duty of
mediating in and promoting the settlement of
industrial disputes.

5. Conciliation Officer
The appropriate government may appoint one or more
conciliation officers as it thinks fit.
A conciliation officer may be appointed for a specified
area or for one or more specified industries.
The appointment may be made either permanently or for
a limited period.
The jurisdiction, power and other matters in respect of
the conciliation officer shall be published in the official
Gazette.

6. Powers of Conciliation Officer
Subject to any rules that may be made in this behalf, an arbitrator, a
Board, Court, Labour Court, Tribunal or National Tribunal shall follow such
procedure as the arbitrator or other authority concerned may think fit.
A conciliation officer or a member of a Board, or Court or she 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.

7. Powers of Conciliation Officer
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 any other
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.
All conciliation officers shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code (45 of 1860).

8. DUTIES OF CONCILIATION
OFFICERS
Where an 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.
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.

9. DUTIES OF CONCILIATION
OFFICERS
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.

10. DUTIES OF CONCILIATION
OFFICERS
If, on a consideration of the report referred to in sub-section, 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 therefore.
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 by such
period as may be agreed upon in writing by all the parties to the
dispute.

11. Conciliation Proceedings
Any proceedings held by a conciliation officer
Proceedings should be conducted in a cordial
atmosphere and opportunities should be provided
to the both parties to present their views
Conciliation proceedings are deemed to have
commenced on the date the C.O.recieves the
notice of strike or lock –out under Sec.22 of ID Act
1947 in public utility services of if no notice is
received, the C.O. has to give formal intimation in
writing his intention to commence Con.
Proceedings with effect of date.

12. Conciliation Proceedings

ConciliationProceedingsare
included
•When settlement is arrived at when
a memorandum of settlement is
signed by the parties to disputes OR
•When no settlement is arrived at
when the report of C.O. is received
by the Appropriate Govt.
•C.O has to provide failure report to
Appropriate Govt.within 14 days

13. Submission of Failure Report
Repot within 14 days
Con. Proceedings are continued beyond 14
days & if the report had not been sent within
the prescribed time, the proceedings were still
held to be valid because the contravention of
Sec.12(6) may amount to breach of duty on the
part of C.O. but does not affect legality of
proceedings

14. Can a C.O. institute fresh Con. Proceedings
after submitting of the failure report?
If no settlement could be arrived at, he will not be debarred
from making further efforts to bring our settlement between
Mgt. and workmen
If after the submission of failure report to App. Govt ., the
parties approach him or if he feels that the parties are in a
mood to reconcile, it would be open to him to institute a fresh
conciliation proceedings for bringing about a settlement of
the dispute between parties
A C.O does not become functus officio after he makes a
report under Sec.12(4)

15. ANY QUESTIONS?!?!

16. THANK YOU