Umakanthan53
Labour Law & Hr Consultant
[email protected]
Trade Unionist
Ssushr
Pune

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Hello, An IT employee filed a 2A dispute challenging the illegal termination almost a month back in Chennai. But the conciliation officer is yet to initiate conciliation proceedings. What are the means available to push the authority to initiate the conciliation proceedings?
From India, undefined
Dear friend,
Please refer to section 2-A(2) of the ID Act,1947 wherein it is clearly mentioned that after 45 days from the date of filing the application before the conciliation officer against his termination, the workman can raise dispute before the Labor Court.

From India, Salem
Anonymous
Respected Sir,
What happens when management does not go to conciliation proceedings? Already 5 months with 19 meetings held at the dept. Management has troubles traveling 1 hour every time for the meeting without any solution or progress.
The officer always takes notes like Meeting concluded, called for next date...... and takes signs. Does not even provide a copy of note sheet when asked, stating you dont want to settle and you have no authority to ask. Also, when management produces documents which he asks and mentions in his note sheet, he checks them but never notes anything in his note sheet regarding that it was produced. How to stop this? Can management stop going. Will it cause any hinderance to the management?

From India, Bengaluru
If the Conciliation Officer does not send his conciliation failure report within 45 days, the workman can straight away approach the Labor Court u/s 2-A(2).
Parties to the dispute have no right to ask the copy of the note file maintained by the C.O.
Conciliation under IDA, 1947 is an administrative process performed by the Officer as a neutral third party to persuade the disputants come to an amicable settlement : that's all.
If the management or the workman is not satisfied with the way the issues are handled by the officer, either of them can inform him to conclude his proceedings with whatever already submitted by the parties and abstain from further hearings.

From India, Salem
Anonymous
Respected Sir, Thank you for your response. Can both parties ask for note file after proceedings are completed? How can both parties keep a record of what happened in the conciliation proceedings?
From India, Bengaluru
Dear friend,
I would like to reiterate my stand on your demand for supply of the copy of note file of the conciliation officer. Pl try to understand that note file is not the minutes of the meeting. It is just a brief noting done by the officer to remind himself of the stage/progress of each meeting held in order to move forward. Just for the sake of keeping record of the attendance of the parties only they are asked to sign the note file. For example the demand of the union mentioned in the dispute might be 50% hike in all the components of the wage scale. In the counter statement, the management might have mentioned that they cannot even consider the demand in view of the continued losses incurred by them since signing the previous settlement. After some rounds of discussion, the union might have scaled down to a hike of 25% and the management would have come up with 10% and the bargaining might continue in a similar fashion each party relaxing their stands according to the new offer from the other. However, suddenly, some additional issues would have come up and the management might refuse totally to discuss them then and thus a dead lock would have arisen and both might insist on the submission of the failure report reverting back to their respective original stands. Thus, when the alternatives stand rejected for some reason or other, the original stands get automatically restored. Following conciliation failure, the next stage is adjudication. The adjudicator would decide the issues based on the justifications shown before him and in the overall interest of both the parties based of upon the connected legal provisions as well as judicial precedents in this regard. Thus, what all changes made as alternatives during the course of conciliation become not relevant during the later adjudication since certain demands might have been left out in the reference by the appropriate Government. The adjudicator cannot travel beyond the referred issues. Therefore, the conciliation officer is well within his jurisdiction to turn down the request for supply of copy of note file by any party.
It is for the parties to keep track of the conciliatory talks by maintaining their own notings.

From India, Salem
Anonymous
Sir, as you said both parties might insist on the submission of the failure report reverting back to their respective original stands.
What happens if one party accepted in written and gave a copy to the union about 10% hike approved. Now in case of failure will it go back to 0% since it is a failure or since a written acceptance was given, the management has to atleast agree to a minimum 10%?

From India, Bengaluru
My dear friend,
Request you to read my reply again.
Once reference is made, things would be discussed by the Court strictly ONLY as per the issues framed. What all happened during the course of conciliation is irrelevant.

From India, Salem
Anonymous
Thank you for imparting me knowledge sir.
From India, Bengaluru
The conciliation officer has to develop confidence amongst parties by his positive approach. mere noting down the appearance and list of documents submitted and giving next date of hearing will not motivate parties to arrive at amicable settlement. The quality of Conciliation officers is one of the reason which reduces settlements and increasing trend of submission of Failure of Conciliation Report. The Parties can request higher officer to conciliate in the matter if they found the CO at lower level is not taking initiative. If there is some scope of settlement either party may approach higher officer as Asstt Commissioner of Labour and other senior officers have been notified as Conciliation officer.
From India, Pune

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