Under the Industrial Dispute Act of 1947, a conciliation officer is appointed to mediate industrial disputes and promote settlements. They investigate issues, meet with parties, and facilitate discussions, but do not have authority to impose agreements. If a settlement is reached, the officer submits a report within 14 days; if not, a failure report is provided explaining why no resolution was achieved. Unresolved disputes may then be referred to labor courts or tribunals for adjudication.
Duties and responsibilities of conciliation oficer
1.
2. Under the Industrial Dispute Act,1947,
seven authorities are constituted for the
settlement of industrial dispute.
a) Works Committee
b) Conciliation Officer
c) Boards of Conciliation
d) Court of Inquiry
e) Labor Courts
f) Tribunals
g) National Tribunals
3. A conciliation officer is a government representative to
solve the industrial disputes.
He is a mediator and his duty is to mediate in and
promote the settlement of industrial disputes.
Duty of conciliation officer is administrative and
not judicial.
He is not having any power to impose any order to the
parties concerned.
A conciliation officer may be appointed for a specified
area or for specified industries in a specified area either
permanently or for a limited period.
4. Immediate investigation to settle the dispute.
He/she can investigate the dispute and all the matters
affecting the merits and the right of settlement thereof.
C.O can visit the industry without any notice,
investigate, inquire about the incident or even call for
the documents.
At the time of settlement, the conciliation officer can
send a report there of to the appropriate government
duly signed by the parties to the dispute.
The conciliation officer must submit the report within
14days of the commencement of the conciliation
proceedings or within such shorter periods as may be
fixed by the appropriate government.
5. Any proceedings held by a conciliation officer.
Proceedings should be conducted at conciliation
office 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 industry, 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.
6. a) When settlement is arrived at when a
memorandum of settlement is signed by the
parties to disputes.
b) Any settlement of contract arrived during the
process of conciliation is called as Tripartite
Settlement ie. 12(3) settlement.
c) When no settlement is arrived at when the
report of C.O. is received by the Appropriate
Govt.
d) C.O has to provide failure report to
Appropriate Govt. within 14 days
7. 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.
8. Repot within 14 days.
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.
9. If no settlement Is arrived at(during course
of Conciliation and after Conciliation
proceeding), the Government may refer the
dispute to the Labor Court, Industrial
Tribunal or National Tribunal. In case it
does not do so, it shall record and
communicate to the parties concerned the
reasons thereof.