Section 12 of Industrial Disputes Act 1947 Bare Act & Notes

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Section 12 of Industrial Disputes Act 1947 Bare Act & Notes

Duties of conciliation officers

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to 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, bring 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 inducing the parties to come to a fair and amicable settlement of the dispute. 

(3) If a settlement of the dispute or 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 on this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute. 

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(4) 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. 

(5) If on a consideration of the report referred to in subsection (4), the appropriate Government is satisfied that there is a case for reference to a Board, [Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor. 

(6) A report under this section shall be submitted within 21 fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: [Provided that, [subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

Duties of conciliation officers

  1. Hold conciliation proceedings relating to Strikes and lockouts procedural matters of public utility services.
  2. Investigate the matters of the disputes.
  3. Conciliation officers shall induce the parties to come to a fair and amicable settlement of the dispute.
  4. Duty to send the report of the settlement of dispute and memorandum of the settlement signed by the parties to the dispute to the government or his superior.
  5. In case of failure of a settlement of a dispute in between parties, duty to send them to the government or his superior, report of facts and circumstances relating to the disputes and in his opinion, a settlement could not be arrived at,
  6. Duty to send the report to the government or his superior within 14 days from the commencement of the proceeding or within such shorter period as may be fixed by the appropriate Government.

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