Dear Members,
Is it mandatory to refer the matter to Appropriate Government
if no settlement is arrived at between two parties in conciliation proceedings under ID Act.
Section 12(4) says
"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."
My question is
If the Conciliation Officer is convinced that there is no substantive matter in the case,
he still has to refer the matter to Govt.
Would appreciate to get a lead on this.
Thank You
From India, Cochin
Is it mandatory to refer the matter to Appropriate Government
if no settlement is arrived at between two parties in conciliation proceedings under ID Act.
Section 12(4) says
"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."
My question is
If the Conciliation Officer is convinced that there is no substantive matter in the case,
he still has to refer the matter to Govt.
Would appreciate to get a lead on this.
Thank You
From India, Cochin
What is the nature of Dispute not mentioned? Consequent to closure of Conciliation proceedings Failure Report will be sent.Thereafter, reference of dispute will be made
From India, New Delhi
609From India, New Delhi
Dear Mr.Sreenath, Employee is terminated on admitted negligence. is it mandatory to refer the matter to Govt.
From India, Cochin
From India, Cochin
Yes, all Terminations will be referred as industrial Dispute when questioned by the Employee.What do you mean by "Admitted negligence" The amount of punishment i.e Termination will be the point of reference.The Government Labour Department will refer the matter to Labour Court for adjudication
From India, New Delhi
From India, New Delhi
Dear Aldrin,
After initiating conciliation in the dispute before him, the conciliation officer has to send his report to the Appropriate Government either u/s 12(3) in case of a settlement with the copy of the settlement so arrived or u/s 12(4) in case of failure of his conciliation setting forth the facts and the reasons for failure. It is the Govt that decides the reference of the dispute or otherwise u/s 12(5). Thus a statutory duty is cast upon the conciliation officer to submit his report on the dispute either way to the Govt after the close of his conciliatory proceedings.Since the report by the conciliation officer u/s 12(4) is recommendatory only, one can not presume reference of the dispute.
Coming to your subsequent question, as per the amended provision u/s 2-A(2), any such workman raising a dispute u/s 2-A(1) regarding his discharge, dismissal, retrenchment or termination otherwise can make an application to the Labour Court or Tribunal for adjudication of the dispute after the expiry of 3 months from the date he presented the application to the conciliation officer.
The terminated employee's earlier admission of the charges of misconduct can not be a bar for raising dispute against his dismissal.
From India, Salem
After initiating conciliation in the dispute before him, the conciliation officer has to send his report to the Appropriate Government either u/s 12(3) in case of a settlement with the copy of the settlement so arrived or u/s 12(4) in case of failure of his conciliation setting forth the facts and the reasons for failure. It is the Govt that decides the reference of the dispute or otherwise u/s 12(5). Thus a statutory duty is cast upon the conciliation officer to submit his report on the dispute either way to the Govt after the close of his conciliatory proceedings.Since the report by the conciliation officer u/s 12(4) is recommendatory only, one can not presume reference of the dispute.
Coming to your subsequent question, as per the amended provision u/s 2-A(2), any such workman raising a dispute u/s 2-A(1) regarding his discharge, dismissal, retrenchment or termination otherwise can make an application to the Labour Court or Tribunal for adjudication of the dispute after the expiry of 3 months from the date he presented the application to the conciliation officer.
The terminated employee's earlier admission of the charges of misconduct can not be a bar for raising dispute against his dismissal.
From India, Salem
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