Is It Necessary to Involve the Government if Conciliation Fails Under ID Act Section 12(4)?

Dear Members,

Is it mandatory to refer the matter to the Appropriate Government if no settlement is arrived at between two parties in conciliation proceedings under the ID Act? Section 12(4) states, "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, does he still have to refer the matter to the Government?

I would appreciate getting a lead on this.

Thank you

The nature of the dispute is not mentioned. Following the closure of conciliation proceedings, a failure report will be sent. Thereafter, a reference to the dispute will be made.

Dear Mr. Sreenath,

The employee has been terminated for admitted negligence. Is it mandatory to refer the matter to the government?

Yes, all terminations will be referred to as industrial disputes 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 the Labour Court for adjudication.

Dear Aldrin,

Conciliation Officer's Report and Government Reference

After initiating conciliation in the dispute before him, the conciliation officer must send his report to the Appropriate Government. This is done either under section 12(3) in case of a settlement, with a copy of the settlement, or under section 12(4) in case of a failure of conciliation, setting forth the facts and reasons for failure. It is the government that decides the reference of the dispute or otherwise under section 12(5). Thus, a statutory duty is cast upon the conciliation officer to submit his report on the dispute either way to the government after the close of his conciliatory proceedings.

Since the report by the conciliation officer under section 12(4) is recommendatory only, one cannot presume the reference of the dispute.

Adjudication of Dispute by Labour Court or Tribunal

Coming to your subsequent question, as per the amended provision under section 2-A(2), any such workman raising a dispute under section 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 cannot be a bar for raising a dispute against his dismissal.