SCHOOL OF LAW

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

ASSIGNMENT

FOR

Settlement disputes of conciliation officer and conciliation board

Under the Supervision of: Prof. Nikita Begum Talukdar

Name: Rishab Kumar, Pintu Ram, Waqas Tanvir, Vishwaas Mehta

Sap Id: 500060365, 500060941, 500060593, 500060259

Roll No: R450217095, R450217075, R450217136, R450217134

 INTRODUCTION
Failure of the employees and the employers to sort out their differences bilaterally leads to
the emergence of industrial disputes. The Industrial Disputes Act, 1947 provides legalistic
machinery for settlement of such disputes by involving the interference of a third party. The
settlement machinery as provided by the Act consists of the three methods:

1. Conciliation
2. Arbitration
3. Adjudication

1. Conciliation:

In simple sense, conciliation means reconciliation of differences between persons.

Conciliation refers to the process by which representatives of workers and employers are
brought together before a third party with a view to persuading them to arrive at an
agreement by mutual discussion between them. The alternative name which is used for
conciliation is mediation. The third party may be one individual or a group of people. In view
of its objective to settle disputes as quickly as possible, conciliation is characterized by the
following features:

(i) The conciliator or mediator tries to remove the difference between the parties.
(ii) He/she persuades the parties to think over the matter with a problem-solving
approach, i.e., with a give and take approach.
(iii) He/she only persuades the disputants to reach a solution and never imposes his/her
own viewpoint.
(iv) The conciliator may change his approach from case to case as he/she finds fit
depending on other factors.

According to the Industrial Disputes Act 1947, the conciliation machinery in India consists of
the following:

1. Conciliation Officer

2. Board of Conciliation

3. Court of Enquiry
A brief description of each of these follows:

Conciliation Officer: The Industrial Disputes Act, 1947, under its Section 4, provides for the
appropriate government to appoint such number of persons as it thinks fit to be conciliation
officers. Here, the appropriate government means one in whose jurisdiction the disputes fall.

While the Com-missioner /additional commissioner/deputy commissioner is appointed as

conciliation officer for undertakings employing 20 or more persons, at the State level,
officers from central Labour Commis-sion office are appointed as conciliation officers, in the
case of Central government. The conciliation officer enjoys the powers of a civil court. He is
expected to give judgment within 14 days of the commencement of the conciliation
proceedings. The judgement given by him is binding on the parties to the dispute.

Board of Conciliation: In case the conciliation officer fails to resolve the dispute between
the disputants, under Section 5 of the Industrial Disputes Act, 1947, the appropriate
government can appoint a Board of Conciliation. Thus, the Board of Conciliation is not a
permanent institution like conciliation officer. It is an ad hoc body consisting of a chairman
and two or four other members nominated in equal numbers by the parties to the dispute.

The Board enjoys the powers of civil court. The Board admits disputes only referred to it by
the government. It follows the same conciliation proceedings as is followed by the
conciliation officer. The Board is expected to give its judgment within two months of the date
on which the dispute was referred to it. In India, appointment of the Board of Conciliation is
rare for the settlement of disputes. In practice, settling disputes through a conciliation officer
is more common and flexible.

Boards of Conciliation, Section 5 of Industrial Disputes Act 1947

According to Section 5 which is reproduced below, an appropriate government may

constitute a board of conciliation, if an occasion arises for promoting the settlement of
industrial disputes:
1. The appropriate Government may as occasion arises by notification in the official
Gazette constitute a Board of Conciliation for promoting the settlement of an
industrial dispute.
2. A Board shall consist of a chairman and two or four other members, as the
appropriate government thinks fit.
3. The chairman shall be an independent person and the other members shall be persons
appointed in equal numbers to represent the parties to the dispute and any person
appointed to represent a party shall be appointed on the recommendation of that party:
Provided that, if any party fails to make a recommendation as aforesaid within the
prescribed time, the appropriate Government shall appoint such persons as it thinks fit
to represent that party.
4. A Board, having the prescribed quorum, may act notwithstanding the absence of the
chairman or any of its members of any vacancy in its number: Provided that if the
appropriate Government notifies the Board that the services of the chairman or of any
other member have ceased to be available, the Board shall not act until a new
chairman or member, as the case may be, has been appointed.

Legislation: Section 6 of the repealed Trade Disputes Act of 1929, provided for the
Constitution of boards while s 7 laid down the duties of the boards. The present section is
based on s 6 of the repealed Act of 1929. The function of Board is similar to that of a
conciliation officer. However, there is some dissimilarity also. The procedure and powers
have been laid down in Section 13 of the Act.

Section 20 provides the date of commencement and conclusion of proceedings. Section

20 also provides for the form of report of Board requiring publication under Section 17.

Constitution: Constitution of the Board is tripartite in its character and is presided over
by the chairman with and other two or four members as the appropriate members think
fit. The chairman shall be an independent person and the other persons shall be appointed
in equal numbers to represent the parties to the dispute. The person appointed to represent
a party shall be appointed on the recommendation of that party. If a party fails to make a
representation within the prescribed time the appropriate government shall appoint such
persons as it thinks fit to represent that party.

For conducting the proceedings, it is not necessary that all members may be present. If
there is quorum, the work shall continue, even in the absence of the chairman or any of
the members. In case the services of the chairman or any member are not available and
the government notifies accordingly the work shall be suspended till the new appointment
is made. The quorum necessary to constitute a sitting of a board must be two where the
number of members is three and three where number of members is five.

Duties of the Board of Conciliation

Section13 of the Industrial Dispute Act deals with the duties Board of Conciliation. The
procedure before a Board of Conciliation is not like that before a conciliation officer;
instead it is like the proceedings before a Court of Law. Therefore, the proceedings before
a Board of Conciliation are judicial in nature and are amenable to a writ of certiorari. The
appropriate government is not empowered under this section to constitute a board for the
purpose of referring criminal proceedings.

 It shall be the duty of the board to take all necessary steps to bring about the
settlement of the dispute. For the purpose of settlement, the board must in such a
manner as it thinks fit and without delay investigate the dispute and all matters
affecting the merit and the right of the settlements thereof. It must do all other
thing as it thinks fir for the purpose of fair and amicable settlement of the dispute.
 The board must send a report to the appropriate government together with a
memorandum of settlement which is arrived at in the course of the conciliation
proceedings. If no settlement is possible, the appropriate government must at the
end of the investigation, send to the appropriate government a full report setting
forth the proceedings and steps taken by it for ascertaining the facts and
circumstances of the dispute together with a full statement of its recommendations
for the determination of the dispute. Unlike the conciliation officer the board has
power to make recommendations for determination of the dispute in the report
submitted to the appropriate government.
 The report must be submitted within 2 months of the date on which the dispute
was referred to it or shorter period as may be fixed by the appropriate
government. The appropriate government may extend the time not exceeding 2
months in the aggregate for the submission of report; it may be extended by
agreement of both parties, in writing.
  If, on the receipt of a report under sub- section (3) in respect of a dispute relating
to a public utility service, the appropriate Government does not make a reference
to a Labour Court, Tribunal or National Tribunal under section 10, it shall record
and communicate to the parties concerned its reasons therefor.
 With regard to the reporting of the outcome of the conciliation proceedings, the
procedure before a conciliation officer and a Board, the commencement of the
proceedings and the actual nature of the proceedings are also different. After a
Board of Conciliation is constituted, the dispute is referred to it by the appropriate
Government.

Procedure followed by the Board of Conciliation

 At its first sitting the chairman of the Board calls upon the parties in such an order as
he thinks fit to state their case (Rule 21).
 The sitting of a Board are held at such time and place as its chairman may fix. After
so fixing the sittings of the Board the chairman informs the parties to the dispute the
time and place of the sittings (Rule 13).
 A Board meeting is held only if there is the prescribed quorum, which depends upon
the size of the Board (Rule 14).
 A Board may accept, admit or call for evidence at any stage of the proceedings before
it, in a manner it thinks fit (Rule 15).
 Or a member of a board may, for the purpose of inquiry into the dispute, after giving
a reasonable notice, enter the premises occupied by the employer concerned. The
Board may issue summons in Form D requiring any person to produce before it any
books or papers or other documents and things in the possession or under the control
of such persons in any way relating to the dispute.
 A Board may adjourn its sittings. In all these sittings in endeavors to bring about a
settlement of the dispute referred to it way of investigating the various matters
connected with the dispute and inducing the parties to come to a fair and amicable
settlement.
 The proceedings before Board are held in public except when the Board, at any stage,
decides to examine a witness or to hold the proceedings in camera.
 Powers of the Board of Conciliation

 The Board of conciliation acts in a judicial capacity and enjoy more powers then
conciliation officers. Under the act, every Board of conciliation enjoys the same
powers as are vested in a civil court under the Code of Civil Procedure, 1908, when
filing a suit.
 It can enforce the attendance of any person and examine him on oath, compel the
production of documents and material objects, issue commission for examination of
witness discovery and inspection, grant adjournment; and receive evidence taken on
affidavit.
 The proceedings are normally held in public but the Board may at any stage direct
that any witness be examined or proceeding be held in camera.
 The Board is empowered subject to the rules in this behalf, to follow such procedure
as they any think fit.
 The rule provide for place and time of hearing of the industrial dispute by the
adjudication or arbitration authorities as the care any be administrative of oath by the
adjudication or arbitration authorities, citation or description of the parties in certain
cases, the ‘issuance of notices to the parties, the circumstances when the Board can
proceed ex-parte and correction of clerical mistakes or errors arising from accidental
slip or omission in any award.
 The Board also has to keep certain matters confidential in the award.
 The Board can accept, admit or call for evidence it any stage of the proceeding before
them and in such manner or it thinks fit.
 The representatives of the parties have the right to examination, cross examination
and addressing the Board when any evidence has been called.
 The witnesses who appear before a Board are entitled for express in the same way as
witness in the civil court.
 It a settlement is arrived at the Board should and report to the appropriate
Government along with a memorandum of the settlement signed by the parties to the
disputes, if no settlement is reached, the Board must send a full report together with
its recommendation for the determination of the dispute, section 13(2) of the
Industrial Dispute Act, 1947.
  In case of failure of settlement by a Board, the appropriate government may refer the
dispute to a Labour Court, Tribunal or National Tribunal just as after the receipt of the
failure report by a conciliation officer. The Government is not bound to make a
reference. But where the Government does not make a reference in a public utility
services after receiving a report from a Board it must record and communicate to the
parties concerned its reason for not doing so, Section 13(4) of the Industrial Disputes
Act, 1947.
 A board has to submit its report within two months of the date (on which the dispute
was referred to it) or within such shorter period, as may be fixed by the appropriate
Government. The time limit for the submission of a report can be extended by the
Government or by agreement in writing of all the parties to the dispute.

Conclusion:

Industrial disputes cam be treated as an index variable for the industrial relations situation of
a country. Industrial relations actors, i.e. government, employers, management, trade unions
and workers have earnestly desired to achieve harmonious industrial relations. In the present
study industrial disputes denote work stoppages as well as those differences that are reported
and settled through the industrial relations machinery. A comparative analysis of strikes and
lock out suggests that in absolute terms over the period of study the phenomenon of rising
and emerging lock out started appearing on the industrial relations scene.

Despite best effort of all, dispute arises among people and organisation. It is important to
discover these clashes of interest as quickly as possible through such means as gripe boxes,
direct observation of behaviour, and analysis of records. An open door attitude, personnel
counselors, morale surveys, exit interviews, ombudsmen and ombudswomen and grievance
procedure. A grievance is a complaint that the employees feels is serious enough to justify
some types of formal submission and action. It may be ridiculous and justified, but whether
or not it is a grievance is up to the employees and not to the management.

The usual steps in grievance procedure are:

1. Conference among aggrieved employee, the supervisor and the union steward.
2. Conference between middle management and middle union leadership.
3. Conference between top management and top union leadership
4. Arbitration

The manner of processing the grievance on any one level should follow the sequence of
functions found in the scientific method i.e. Receive and define the grievance, get the
facts, analyse and decide, apply the answer and follow up Just as the individual makes
certain demands upon the organization, so the organization expects certain things from its
members. Codes of behaviour are established. For those individual who do not choose to
confirm to the codes, negative disciplinary action must be applied. The supervisor should
seek to condition behaviour and not merely to punish.