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Duties and Responsibilities of Conciliation Officer
Under the Industrial Dispute Act,1947, seven authorities are constituted for the settlement of industrial dispute.
a) Works Committeeb) Conciliation Officerc) Boards of Conciliationd) Court of Inquirye) Labor Courtsf) Tribunalsg) National Tribunals
Authorities under industrial dispute Act, 1947
A conciliation officer is a government representative to solve the industrial disputes.
He is a mediator and his duty is to mediate in and promote the settlement of industrial disputes.
Duty of conciliation officer is administrative and not judicial.
He is not having any power to impose any order to the parties concerned.
A conciliation officer may be appointed for a specified area or for specified industries in a specified area either permanently or for a limited period.
Who is a Conciliation Officer?
Immediate investigation to settle the dispute. He/she can investigate the dispute and all the matters
affecting the merits and the right of settlement thereof. C.O can visit the industry without any notice,
investigate, inquire about the incident or even call for the documents.
At the time of settlement, the conciliation officer can send a report there of to the appropriate government duly signed by the parties to the dispute.
The conciliation officer must submit the report within 14days of the commencement of the conciliation proceedings or within such shorter periods as may be fixed by the appropriate government.
Duties of Conciliation Officers
Any proceedings held by a conciliation officer.
Proceedings should be conducted at conciliation office in a cordial atmosphere and opportunities should be provided to the both parties to present their views.
Conciliation proceedings are deemed to have commenced on the date the C.O.recieves the notice of strike or lock–out under Sec.22 of ID Act 1947 in public utility services industry, of if no notice is received, the C.O. has to give formal intimation in writing,his intention to commence Con. Proceedings with effect of date.
Conciliation Proceedings
a) When settlement is arrived at when a memorandum of settlement is signed by the parties to disputes.
b) Any settlement of contract arrived during the process of conciliation is called as Tripartite Settlement ie. 12(3) settlement.
c) When no settlement is arrived at when the report of C.O. is received by the Appropriate Govt.
d) C.O has to provide failure report to Appropriate Govt. within 14 days
Conti……
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 or an officer authorized in this behalf by the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute.
Conti….
Repot within 14 days.
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.
Submission of Failure Report
If no settlement Is arrived at(during course of Conciliation and after Conciliation proceeding), the Government may refer the dispute to the Labor Court, Industrial Tribunal or National Tribunal. In case it does not do so, it shall record and communicate to the parties concerned the reasons thereof.
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