Section 12 - Duties of conciliation officers : Industrial Disputes Act 1947

What are the Duties of conciliation officers? Section 12 of Industrial Disputes Act 1947

 

Section 12 of Industrial Disputes Act 1947 : "Duties of conciliation officers"

12. (1) 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.

 

(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 99[or an officer authorised 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 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, 1[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.

STATE AMENDMENT

WEST BENGAL
In sub-section (6) of section 12,-
(i) for the words "within fourteen days* the words 'after completion of the conciliation proceedings within sixty days" shall be substituted; and
(ii) in the proviso, after the words "such period" the words "not exceeding six months" shall be inserted - West Bengal Act No. 57 of 1980.
© Copyright. Taxmann Publications Pvt. Ltd.