Conciliation process

Conciliation is one of the machinery provided in the industrial law for resolving industrial disputes. An industrial dispute is always a collective dispute and it presumed it affects entire industrial atmosphere of the industry and large numbers of workman are interested in it. So in order to resolve the dispute amicability, the concept of conciliation brought in the Industrial disputes Act and same is borrowed by the respective state governments in their own Act dealing with industrial disputes. In this process, the appropriate government constitutes a Conciliation Board consisting one officer of appropriate government, who is usually Labor commissioner or Additional Labor Commissioner or Deputy Labor Commissioner or assistant ant Labor Commissioner, at least one member of management and one from workmen. In case, the dispute affects the large nos. of industries the members of management and workman side may be more than one. The entire Board tries to get resolve the industrial dispute in arriving the amicable settlement and if a settlement arrived the same is reduced in writing and signed by the all the parties. This settlement is binding upon the parties and has full force of law. In case, parties failed resolve dispute and conciliation proceeding are failed. The Conciliation officer make a failure report and sent to the appropriate government for consideration as to whether the dispute requires to be adjudicated by the Labor Court or Industrial Tribunal and if it finds that it is necessary for adjudication the terms of reference is framed by the appropriate government and matter is referred for adjudicate to Labor Court or Industrial Tribunal as

Nicely explained by Mr. Tripathi.