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Conciliation

(Querist) 17 September 2009 This query is : Resolved 
I have a querry. Can conciliation proceedings under section 12 of the Industrial Act 1947 can be initiated on the basis of a notice served under section 19(2) of the said Act i.e., intention to terminate a settlement where the period of operation is not specified?
riven
R.R. KRISHNAA (Expert) 17 September 2009
You are right. Conciliation proceedings can be initiated if the settlement is not valid or with any other reason.


You can refer the judgment delivered by the supreme court in Bata Show Co Vs D.N. Ganguli AIR 1961 SC 1185. To some extent it will help your case.


If you have any further querries ask me.riven
Sarvesh Kumar Sharma Advocate (Expert) 17 September 2009
krishana is right agree with him.riven
H. S. Thukral (Expert) 17 September 2009
The duties of the conciliation officer are to intervene in an industrial dispute existing or apprehended and bring out a settlement. How notice of termination of a settlement gives rise to an industrial dispute? The Union has to place fresh demands on the management and if the same are not considered by it, it may give rise to an industrial dispute, workers could agitate, strike notice might be given, threatening industrial peace then warranting intervention of the conciliation officer. Shear notice of termination of a settlement is not an industrial dispute. Industrial Dispute comes into existence when the employer and employees are at variance.
The case cited by my Ld. friend Krishna is not relevant for the purpose of your query.
If no period of operation of settlement is provided it is one year from the date of settlement.riven
R.R. KRISHNAA (Expert) 17 September 2009
Section 12 reads as follows:-

12. Duties of conciliation officers.-

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

From the above section it is clear that it is not necessary that there should be a real dispute that should exist like threatening strike or agitation etc, etc. Even if a dispute is apprehended, conciliation proceedings can be commenced. A Notice of termination of settlement issued by one party can be termed as an apprehended dispute. Hence in my opinion section 12 applies to this case and conciliation proceedings can be commenced.

riven
Raj Kumar Makkad (Expert) 18 September 2009
Fully agreed with Krishnalegal. There is no need for real dispute like threatening, strike, agitation etc for making conciliation under section 12 of Industrial Disputes Act, 1945 rather anticipation is sufficient to hold this section.riven
H. S. Thukral (Expert) 18 September 2009
Of my humble capabilities I am again of the opinion that unless the agreement/settlement is terminated with a notice that such settlement was fraudulent or involuntary or not binding on the majority of workmen, no industrial dispute comes in to existence or is apprehended. Simple termination of notice without fresh demands is not an industrial dispute or apprehended industrial dispute. No differences are created by simple notice. In Public Utility service industry, conciliation can be initiated on notice of strike but here the query is termination of settlement in normal circumstances where there is no period of operation of existing settlement.riven


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