What is the role of Commr of Labour in the cociliation proceedings?
(Querist) 03 March 2009
This query is : Resolved
Kindly inform me the role of the Commr of Labour in the cociliation proceedings? Can he pass an order without hearing the side of the management? Having received the full and final settlement a worker lodeged complaint with the Commr.of Labour seeking relief for further money or reinstatement. The company is a very small with 3 workers. The worker was in practise of joining and leaving the company thrice after getting settlment dues. Since it is very diffcult to get a trained worker the management was also in practise of appointing him often as a fresh one each time. In the last time he voluntarily left the company got the settlement amout and after trying employment somewhereelse and not found hence he lodged the complaint. Advice me is it to show all the records to this conciliation officer? Can he empowered to pass an order in this regard? If order passed how to challange it? To my satisfaction i feel the worker is paid more than he worked. The company is not under the purview of any of the labour act. Advice me.
(Querist) 03 March 2009
Kindly inform me the role of the conciliation officer (Asst Commr of labour)?
H. S. Thukral
(Expert) 03 March 2009
In the interest of industrial peace and when the employer-employee bipartite negotiations fail,the government has a machinery through Conciliation Officer to mediate in the dispute and bring about a settlement. This intervention can be either direct or on the reference of either party. In case of strikes or lockouts in public untility where such action has to be preceded by a notice, the labour authorities/Conciliation Officer on receiving information of such notice shall hold tripartite discusstions to bring a settlement to dispute /avoidance of strike or lockout. Duties of Conciliation Officer are described under section 12 of the Industrial Dispute Act.
Different provisions of the Act provide that during the conciliation proceedings no party shall go on strike or employer shall not declare a lockout, the conditions of service regarding the matter in conciliation shall not change adversely, No adverse action shall be taken against the members of the union recognised as protected workmen, a settlement during the course of conciliation shall be binding on all workmen etc. etc. In certain matters the Conciliation Officers have been given power of Civil Courts under CPC ( Sec 11 of ID Act)
Designation and Role of the Assistant Labour Commissioner ( Conciliation officer ) under the different Acts, enfrced by the Labour Ministry & Department is as follows:
INDUSTRIAL DISPUTES ACT, 1947:
Under this Act the Assistant Labour Commissioner has been declared as Conciliation officer. The Conciliation Officer tries to conciliate the dispute between the worker and employer and to bridge the gap between them so that amicable settlement can stake place. In case of any strike, lay off or lock out for which an intimation is received in this office or if there is any apprehension of industrial unrest, the Conciliation officer immediately intervenes in the matter and try to settle the dispute. The Appeal against the orders of the authority lies in the Hon’ble High Court.
WORKMEN’s COMPENSATION ACT, 1923:
This is a very important peace of legislation granting relief to injured person or dependents of the deceased with regard to injury suffered by the worker, out of and during the course of his employment. The Assistant Labour Commissioner has been designated as Commissioner under the Workmen Compensation Act, who exercises quasi-judicial powers. If any person suffers injury out of and during the course of his employment he can submit a claim case under the Act. In the eventuality of fatal accident out of and during the course of employment, the dependents of the deceased can also submit claim application for compensation before the Commissioner Workmen’s Compensation.. The Appeal against the orders of the authority lies in the Hon’ble High Court.
MINIMUM WAGES ACT, 1948:
Under this Act the Assistant Labour Commissioner has been designated as quasi-judicial Authority. In case any worker is paid wages less than the wages notified by the Chandigarh Administration under the Minimum Wages Act then he can submit his claim under the said Act and if the claim is proved than interest and penalty can be awarded alongwith the claim admitted. The Appeal against the orders of the authority lies in the Hon’ble High Court.
PAYMENT OF WAGES ACT, 1936:
Under this Act the Assistant Labour Commissioner has been designated as quasi-judicial Authority. Any worker who falls within the category of an employee i.e. whose monthly wages does not exceed Rs.6500/- can raise claim with regard to non-payment of wages, illegal deduction and delayed wages and if the claim is proved than interest and penalty can also be awarded alongwith the claim amount. Appellant Authority under the Payment of Wages Act is District and Session Judge, Union Territory, Chandigarh.
PAYMENT OF GRATUITY ACT, 1972:
The Assistant Labour Commissioner has been designated as Controlling Authority under this Act, which is a quasi-judicial authority. Any worker who is not paid gratuity within the prescribed period i.e. within 30 days can submit his claim to the Authority under the Payment of Gratuity Act.
EQUAL REMUNERATION ACT, 1976:
Under this Act the Assistant Labour Commissioner has been declared as Inspector as well as quasi-judicial Authority. In case of any discrimination regarding wages between a men and women for same work or work for similar nature, the aggrieved person can file his/her claim before the authority. The aggrieved person can also submit a complaint before the Inspectors as well. The Labour Commissioner is the Appellant Authority.
THE FACTORIES ACT, 1948:
Under the Factories Act the Labour Commissioner is the Chief Inspector of Factories and the Assistant Labour Commissioner is the Additional Chief Inspector of Factories.
SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958:
Under this Act the Assistant Labour Commissioner is Chief Inspector of Shops and Competent Authority to make the challans and sanctions the challans in respect of inspection made by the Inspectorate staff under this Act.
CHILD LABOUR REGULATION AND ABOLITION) ACT, 1986:
The Assistant Labour Commissioner and Labour Inspectors h
(Expert) 04 March 2009
Specifically answering to your question - Yes, you should have been given full opportunity by the Labour Commissioner / Assiststant Labour Commissioner to put your case in the conciliation proceedngs. After hearing both the parties, the conciliation officer (ALC/LC)should explain to both the parties ofthe legal questions involved. If both parties do not agree to come to amicable settlement, after preparing the failure report of conciliation proceedings, the matter be referred for compulsory adjdication in labour court/industrial tribunal.