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Rama mohan Acharya (Manager HR(Legal))     10 September 2009

Industrial Dispute

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?



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 3 Replies

rajesh (law officer)     10 September 2009

role of conciliation officer is to settlement of industrial disputes . thus in case any industrial dispute is exisitng or apprehended then the conciliation officer has power to hold conciliation procceding. what would however be termed as industrial dispute is defined in section 2(k) of ID ACT thus if ur matter i.e. termination of settlement ,  is covered under definition of industrial dispiute as per 2(k), then conciliation can be held.   

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Rama mohan Acharya (Manager HR(Legal))     10 September 2009

Thank U for your encouraging views. But I feel as there is no difference or dispute as defined u/s 2(k). It is merely use of the power conferred u/s 19(2) which can be used by either of the party. Kindly throw light.

rajesh (law officer)     11 September 2009

irrespective of 19(2) , concialiation in my view can be held as one party would always allege disputes/difrerrences . that is so in almost any case and that is why most of the cases end in failure of concilaitaion (FOC) and therafter comes the procedure of sending the FOC to ministry of labour. The FOC is then examined at their end and it is the desk officer thereat who decides whether the matter involves disputes or diferrence so as to become subject matter to be referred to labour court for adjudication. Even the reference made by the govt. to cgit for adjudication can be challenged before High Court by way of writ in case it is made in a mechanical way without examining the merits.

 

 

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