Facing Delays in 2A Dispute Resolution: How Can I Urge Authorities to Start Conciliation?

An IT employee filed a 2A dispute challenging the illegal termination almost a month ago in Chennai. However, the conciliation officer has yet to initiate conciliation proceedings. What means are available to push the authority to initiate the conciliation proceedings?

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 a dispute before the Labor Court.

What happens when management does not attend conciliation proceedings? It has already been 5 months with 19 meetings held at the department. Management faces difficulties traveling 1 hour each time for the meeting without any solution or progress.

The officer always takes notes like "Meeting concluded, called for next date..." and takes signatures. He does not even provide a copy of the note sheet when asked, stating, "You don't want to settle, and you have no authority to ask." Additionally, when management produces documents that he requests and mentions in his note sheet, he checks them but never notes anything about them being produced. How can this be stopped? Can management stop attending? Will it cause any hindrance to the management?

Conciliation Officer's Report and Labor Court Approach

If the Conciliation Officer does not send his conciliation failure report within 45 days, the workman can directly approach the Labor Court under section 2-A(2).

Access to Note File

Parties to the dispute have no right to request a copy of the note file maintained by the Conciliation Officer.

Role of Conciliation under IDA, 1947

Conciliation under the Industrial Disputes Act, 1947, is an administrative process performed by the Officer as a neutral third party to persuade the disputants to 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 has already been submitted by the parties and abstain from further hearings.

Can both parties ask for a note file after proceedings are completed? How can both parties keep a record of what happened in the conciliation proceedings?

The Role of Conciliation Officers in Settlement

The conciliation officer must develop confidence among parties through a positive approach. Simply noting the appearance and list of documents submitted, and setting the next hearing date, will not motivate parties to reach an amicable settlement.

Challenges Faced by Conciliation Officers

The quality of conciliation officers is one reason for reduced settlements and an increase in the submission of Failure of Conciliation Reports. Parties can request a higher officer to conciliate if they find the current officer at a lower level is not taking initiative. If there is potential for settlement, either party may approach a higher officer, as the Assistant Commissioner of Labour and other senior officers have been notified as conciliation officers.

Since it is a 2A case, there is no point in wasting time in conciliation. If 45 days have passed, please obtain a certificate from the conciliation officer and approach the Labour Court/tribunal for adjudication.