Topic: Duties of Conciliation Officers, Boards, Courts and Tribunals

Under the guidance of: Prof. Abhinav Mishra

Submitted by: -
Name: Anita Sudalaimani
Class: F.Y LL.B
Semester: First Semester
Roll No: 213112
 Index

Sr. No. Topic Page No.

1. Introduction 1

2. Objectives of the Industrial Disputes Act 2

3. Authorities under the Act and Their Duties 2

4. Works Committee 3

5. Conciliation Officer 4

6. Board of Conciliation 6

7. Courts of Inquiry 8
8. Labour courts 9
9.
Case Laws 10
10.
Tribunals 11

11. Case Laws 12

12. National Tribunals 13

13. Powers of Authorities 14

14. Conclusion 16

15. Bibliography 17
 Duties of Conciliation Officers, Boards, Courts
and Tribunals

Introduction:
Industrial Disputes Act, 1947

The main purpose of the Industrial Disputes Act, 1947 is to ensure fair terms between employers and
employees, workmen and workmen as well as workmen and employers. The objective of the Industrial
Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the
investigation and settlement of industrial disputes by negotiations. Industrial Disputes Act, 1947 An Act
to make provision for the investigation and settlement of industrial disputes, and for certain other
purposes.

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Objectives of the Industrial Disputes Act:

The objectives of the Industrial Disputes Act are as follows:

 To support measures for securing and preserving good relations between employers and

employees.

 To provide suitable machinery for the equitable and peaceful settlement of industrial disputes.

 To prevent illegal strikes and lockouts.

 To afford relief to workers against layoffs, retrenchment, wrongful dismissal and victimisation.

 To promote collective bargaining.

 To improve the conditions of workers.

 To avoid unfair labour practices1

Authorities Under The Act And Their Duties :

The Industrial Dispute Act, 1947 makes provision for the investigation and settlement of disputes that
may hamper the peace of the industry. It ensures harmony and cordial relationship between the
employers and employees. The Act provides self-contained code to compel the parties to resort to
industrial arbitration for the resolution of disputes. It also provides statutory norms besides helping in
the maintaining of cordial relation among the employers and employees, reflecting socio-economic
justice. The act provides for the following authorities for Investigation and Settlement of industrial
disputes:

 Works Committee
 Conciliation officer
 Boards of Conciliation
 Court of Inquiry
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Objectives of Industrial Disputes Act – (indiafilings.com)

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  Labour Court
 Labour Tribunals
 National Tribunals2

The above seven authorities under the Industrial Dispute Act are discussed below:

Works Committee (Section 3):

The works committee is considered to be a powerful social institution only to secure cooperation
between workers and employers, but to make the will of the employees effective on the management.
According to section 3 of the Industrial Disputes Act, in case of an industrial establishment which
contains 100 or more workmen are employed or have been employed on any day in the preceding
twelve months, the appropriate Government by ordinary or particular order, acquire the employer to
build a works committee containing of representatives of employers and workmen engaged in the
establishment. The number of representatives of workers on Works Committee should not be less than
the number of representatives of the employers.

Responsibilities of Work Committee:

 To promote measures for securing and preserving good relations between the employer and the
workmen.
 To communicate upon subjects of their common interest or concern.

Conciliation :

     Conciliation is a process by which discussion between the employers and the employees is kept
going through the participation of a conciliator.  Conciliator plays a pivotal role in bringing round the
parties involved in the disputes and held in resolving difference by making the parties understand and

2
Authorities under the Act – (indiacode.nic.in)

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appreciate the difficulties of each party involved in the dispute in the Industrial field.  As a mediator, his
tactful handling of the situation sometimes saves the situation from taking a serious turn.   

Conciliation Officer: Section 4

(1) 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.

(2) 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.3

Duties of conciliation officers : 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.

(2) 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.

(3) 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.

(4) 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

3
Taxmann’s Labour Law. Pg. No. 302B
4
 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.

(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.

(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:

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.

Effects of Conciliation Proceedings:

                   Under Section 22 of the Act, the Strike and Lockout in a public utility service is prohibited
during the conciliation proceedings.  Is a settlement arrived at, he is required to send a report along with
a copy of a memorandum of settlement signed by the parties to the appropriate government.  If no
settlement is arrived at between the parties the conciliation officer is required to send a full report to the
appropriate government, giving all the circumstances relating to the dispute and the steps taken by him
to resolve the dispute along with the reasons why the settlement could not be arrived at. Section 33 of
the Act provides that during the pendency of Conciliation proceedings, no employer shall after the
conditions of service of a workman to his prejudice discharge or punish by dismissal any workman
during above proceedings.

Board of Conciliation : Section 5

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(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 or 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.4

Duties of Board : Section 13

4
Taxmann’s Labour Law. Pg. No. 302B
6
(1) Where a dispute has been referred to a Board under this Act, it shall be the duty of the Board to
endeavour to bring about a settlement of the same and for this purpose the Board shall, in such
manner as it thinks fit and without delay, investigate the dispute and all matters affecting the merits
and the right settlement thereof and may do all such things as it thinks fit for the purpose of
inducing the parties to come to a fair and amicable settlement of the dispute.
(2) 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 Board shall send a report thereof to the appropriate Government
together with a memorandum of the settlement signed by the parties to the dispute.

(3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the
investigation, send to the appropriate Government a full report setting forth the proceedings and
steps taken by the Board 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,
its findings thereon, the reasons on account of which, in its opinion, a settlement could not be
arrived at and its recommendations for the determination of the dispute.

(4) 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.

(5) The Board shall submit its report under this section 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:
Provided that the appropriate Government may from time to time extend the time for the submission
of the report by such further periods not exceeding two months in the aggregate: Provided further
that the time for the submission of the report may be extended by such period as may be agreed on
in writing by all the parties to the dispute.5

Courts of Inquiry : Section 6

5
Duties of Board - (indiacode.nic.in)
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(1) 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.

(2) A Court may consist of one independent person or of such number of independent persons as the
appropriate Government may think fit and where a Court consists of two or more members, one of
them shall be appointed as the chairman.

(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any
of its members or any vacancy in its number:

Provided that, if the appropriate Government notifies the Court that the services of the chairman
have ceased to be available, the Court shall not act until a new chairman has been appointed.6

Duties of Courts : Section 14

A Court shall inquire into the matters referred to it and report thereon to the appropriate Government
ordinarily within a period of six months from the commencement of its inquiry.7

Labour Courts : Section 7

6
Taxmann’s Labour Law. Pg. No. 303
7
https://www.srdlawnotes.com/2017/10/conciliation-conciliation-officer.html

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(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more
Labour Courts for the adjudication of industrial disputes relating to any matter specified in the
Second Schedule and for performing such other functions as may be assigned to them under this
Act.

(2) A Labour Court shall consist of one person only to be appointed by the appropriate Government.

(3) A person shall not be qualified for appointment as the presiding officer of a Labour Court, unless—
(a) He is, or has been, a Judge of a High Court; or

(b) He has, for a period of not less than three years, been a District Judge or an Additional District
Judge; or

(d) He has held any judicial office in India for not less than seven years; or

(e) He has been the presiding officer of a Labour Court constituted under any Provincial Act or
State Act for not less than five years.

(f) He is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the
State Labour Department, having a degree in law and at least seven years' experience in the labour
department including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be
appointed unless he resigns from the service of the Central Government or State Government, as
the case may be, before being appointed as the presiding officer; or

(g) He is an officer of Indian Legal Service in Grade III with three years' experience in the grade.

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Functions of the Labour Court:
(I) Adjudicating upon industrial dispute specified in the second schedule of the said Act; are as follows
(1) The propriety or legality of any order passed by an employer under the standing orders;
(2) The application and interpretation of the Standing Orders
(3) Discharge or dismissal of the workman including reinstatement of, or grant of relief to, the workman
wrongfully dismissed;
(4) Withdrawal of any customary concession or privilege
(5) Illegality or otherwise of a strike or Lockout; and
(6) All matters other than those specified in the Third Schedule which fall within the jurisdiction of
Industrial Tribunal.

Case Laws:

Anand Bazar Patrika Pvt. Ltd. v Their Employees 1964 AIR 339, 1964 SCR (3) 601
This case was between the Anand Bazar Patrika Pvt. Ltd, the appellant and between the workers, the
respondent. This issue was about a person, Gupta, who’s retirement was against the service conditions
of the company. The court also held the decision against the appellant that Gupta was a workman on the
day of his retirement and thus, the award was given against the appellant.8

Awaz Prakashan Private Ltd. v Pramod Kumar Pujari JUDGMENT 2003 (3) SCR 347

In the case Awaz Prakashan Private Ltd. vs Pramod Kumar Pujari, the appellant was running a printing
press and was publishing newspapers by the name of ‘Awaz’. So, as per the words of the appellant, he
said that he closed the publication and stopped the printing of the newspaper and thus he retrenched the
workman from services as of 1st July 1989. The responded contended that his retrenchment was not
complying with the provisions in the Industrial disputes Act, 1947.9

8
Anand Bazar Patrika Pvt. Ltd. v Their Employees 1964 AIR 339, 1964 SCR (3) 601
9
Awaz Prakashan Private Ltd. v Pramod Kumar Pujari JUDGMENT 2003 (3) SCR 347
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Tribunals : Section 7A

(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more
Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether
specified in the Second Schedule or the Third Schedule and for performing such other functions as
may be assigned to them under this Act.
(1A) The Industrial Tribunal constituted by the Central Government under sub-section (1) shall also
exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the
jurisdiction, powers and authority conferred on the Tribunal referred to in section 7D of the
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).
(2) A Tribunal shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless-
(a) he is, or has been, a Judge of a High Court; or

(aa) he has, for a period of not less than three years, been a District Judge or an Additional
District Judge;

(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of
the State Labour Department,, having a degree in law and at least seven years' experience in
the labour department including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall
be appointed unless he resigns from the service of the Central Government or State Government,
as the case may be, before being appointed as the presiding officer; or

(c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade

(4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the
Tribunal in the proceeding before it.

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Case Laws:

Minerva Mills Ltd. Bangalore vs Their Workmen AIR 1980 SC 1789

Two disputes of the Minerva Mills Ltd, Bangalore between the management and the workers and two
disputes of Mysore spinning and manufacturing company limited, also between the management and
the workers were referred to the said industrial tribunal 10 (1) c of the Act for adjudication, several
other disputes were also referred to the tribunal. Till 15th June 1952, it was seen that only 5 out of 22
disputes were referred to it when the period of one year expired. In the four disputes which are
concerned, the tribunal had only framed the issues and not actually proceeded to record any evidence.10

Lipton Ltd. case 1959 AIR 676, 1959 SCR Supl. (2) 150

The appellant company was incorporated in the United Kingdom, with most of its stores from London,
of groceries and tea, which included 10% of its business there. Its operations in India were carried out
by a branch with its head office in Calcutta, and the business there consisted mainly of the sale of
‘packaged tea’ throughout all of India. The Delhi office of its Indian branch controlled the workmen of
Punjab, Delhi, Rajasthan and Uttar Pradesh but had no connection with the other side of the business.11

10
Minerva Mills Ltd. Bangalore vs Their Workmen AIR 1980 SC 1789
11
Lipton Ltd. case 1959 AIR 676, 1959 SCR Supl. (2) 150
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National Tribunals : Section 7B

(1) The Central Government may, by notification in the Official Gazette, constitute one or more
National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the
Central Government, involve questions of national importance or are of such a nature that industrial
establishments situated in more than one State are likely to be interested in, or affected by, such
disputes.
(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.
(3) A person shall not be qualified for appointment as the presiding officer of a National
Tribunal unless he is, or has been, a Judge of a High Court.
(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the
National Tribunal in the proceeding before it.12

Duties of Labour Courts, Tribunals and National Tribunals : Section 15

Where an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for
adjudication, it shall hold its proceedings expeditiously and shall, within the period specified in the
order referring such industrial dispute or the further period extended under the second proviso to sub-
section (2A) of section 10, submit its award to the appropriate Government.

12
Taxmann’s Labour Law. Pg. No. 309
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Procedure And Powers of Authorities:

Section 11 provides that every Conciliation officer or member of a Board or Court or Presiding officer
of a Labour Court, Industrial Tribunal or National Tribunal after giving notice can enter the premises
occupied by any establishment to which the disputes relate and follow such procedure as the arbitrator
or other authority concerned may think fit. They have the same power as are vested in the Civil Court
under the Code of Civil Procedure, 1908 while trying a suit in matters like:

a. enforcing the attendance of any person and examining him on oath,

b. compelling the production of documents and material objects,
c. issuing commissions for the examination of witnesses,
d. in respect of other such other matters as may be prescribed.

An assessor or assessors may be appointed by the Conciliation Board, Labour Court, and Court of
Inquiry, Industrial Tribunal or National Tribunal for advice having special knowledge on that matter.
The Conciliation officer may enforce the attendance of any person for the purpose of examination of
such person or call for and inspect the documents. The Conciliation Board, Labour Court, and Court of
Inquiry, Industrial Tribunal or National Tribunal has the full power to determine to what extent, by
whom and subject to what conditions costs are to be paid.

Thus, it is seen that section 11 (1) has given wide power to the Conciliation Board, Labour Court, and
Court of Inquiry, Industrial Tribunal or National Tribunal in the settlement of industrial disputes.13

13
Powers - legalserviceindia.com

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Difference Between Arbitration and Conciliation:

Sr. No. Arbitration Conciliation

1. Arbitration means submission of a dispute Conciliation means settling a dispute

to a third person for the decision making without litigation
by the disputed parties.

2. Arbitration or Arbitral tribunal decides A conciliator may settle the dispute.

over the dispute.

The conciliator only persuades the parties to

3. The arbitrator finally decides over the
reach an agreement.
dispute referred to him.

4. The law of arbitration existed in the Act of Conciliation is introduced in the Act of
1940. 1996.

5. The arbitral tribunal must consist of an odd Conciliation tribunal may have an even
number of arbitrators. number.

6. A dispute may or may not exist for an No conciliation exists before the dispute.
existing arbitration agreement.

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Conclusion:

Thus, Industrial Disputes Act which was passed by the government of India in 1947. This Act ensures
peace and harmony among all the industrial establishments, and if any conflict arises, the provisions in
the Industrial Disputes Act helps in solving the issue in a systematic manner in which all the parties are
satisfied and every decision made is fair and just.

While the Act provides for both internal and external bodies for dispute resolution and prevention of
illegal strikes, lockouts and mitigates the use of unfair labour practices, from a compliance perspective
it is important to have robust internal mechanisms that address disputes. External mechanisms generally
require a great deal of effort, expense and time spent which generally leads to a soured relationship
between employer and employee. Thus, having internal mechanisms is preferable because the
likelihood of having to rely on adjudication or alternate dispute resolution reduces thereby providing for
an amicable working relationship which ultimately leads to greater productivity.

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Bibliography:

1) Books:

 Taxmann’s Labour Law.

2) Webliography:

 https://www.indiafilings.com/learn/industrial-disputes-act/
 https://www.indiacode.nic.in/show-data?
actid=AC_CEN_6_6_00039_194714_1517807328510&orderno=17
 https://www.legalserviceindia.com/legal/article-942-industrial-disputes-act-1947.html

 http://labourlawshcm.com/home/the-industrial-disputes-act-
1947-index/chapter-iv-procedure-powers-and-duties-of-
authorities-id-act-1947/
 https://indiankanoon.org/doc/980061/
 https://en.wikipedia.org/wiki/Minerva_Mills_v._Union_of_India

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