Conciliation Proceedings
When the employer and employee fail to
arrive at a settlement, the Conciliation
Officer (C.O.) may intervene as a mediator
to reconcile the differences and help them to
settle amicably.
In public utility services [Sch.1of the Act]
C.O. shall intervene, no sooner he comes to
know that the dispute is raised or came into
existence. (Sch. I – Banking, Cement, Coal,
Cotton Textile, Defense establishment, Fire
brigade service,
service in oil field, service
in any hospitals and dispensaries, Foodstuff)
The C.O. shall send a report to the Govt.
within 14 days, whether settled or not.
If it is settled, a memorandum is worked out
and it is binding to all concerned, whether
they are party to it or not.
If not settled, taking into consideration the
report of the C.O., the appropriate Govt.
may refer it to the conciliation Board/Court
of Inquiry/Labour Court (Sch. II)*/Tribunal
(Sch. III)**/National Tribunal as the case
may be.
The Board shall mediate in and promote the
settlement of industrial dispute.
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The Court of Inquiry is to inquire into any
matter appearing to be connected with or
relevant to an industrial dispute.
The Labour Court, Industrial Tribunal,
National Tribunal are to adjudicate the
matter.
If no such reference is made, the appropriate
Govt. shall record the reasons thereof and
communicate the same to the parties to the
dispute.
*Schedule II
Sch. II – Matters within the jurisdiction
of the Labour Court :
1. The propriety or legality of the order
passed by an employer under the Standing
Orders (S.0.);
2. The application and interpretation of S.O.;
3. Discharge or dismissal of workmen
including reinstatement of, or grant of relief
to, workmen wrongfully dismissed;
4. Withdrawal of any customary concession
or privilege;
5. Illegality or otherwise of a strike or lockout; and
6. All matters other than those specified in
the III Sch.;
**Sch. III - Matters within the
jurisdiction of the Industrial Tribunal :
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1. Wages, including the period and mode of
payment;
2. Compensatory holidays and allowances;
3. Hours of work and rest intervals;
4. Leave with wages and holidays;
5. Bonus, profit sharing, provident fund and
gratuity;
6. Shift working otherwise than in
accordance with S.O.;
7. Classification by grades;
8. Rules of discipline;
9. Rationalization;
10. Retrenchment of workmen and closure
of establishment;
11. Any other matter that may be prescribed.
3.1.7 Significance of the Schedules
They form an important part of the Act
All conceivable matters (industrial) have
been included in these schedules.
Division into three schedules is done
broadly on the following basis.
The first schedule contains items relating to
day-to-day discipline of the employees.
The second schedule contains items which
form subject matter of individual disputes.
The third schedule contains items which
form the subject matter of collective
disputes.
The employer is free to change service
conditions of the employees in respect of
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matters contained in Schedules II and III
without consulting the employees.
This freedom of the employer to unilaterally
effect any change in service conditions of
employees is, however, kept in check
enabling the employees to challenge such
change in the Labour Court.
The employer cannot change the service
conditions of the employees in respect of the
matters contained in the fourth schedule
without consulting the employees through
the representatives of the employees.
Strikes relating to the matters related
Schedules are prohibited only under certain
circumstances.
The Govt. is empowered to make any
addition to or alterations in various matters
mentioned in the schedules, it can delete any
matter there from. It can also restrict the
freedom of the employer to make any
change in service condition of the
employees.
3.1.8 Adjudication
Labour Court, Industrial Tribunal or
National Tribunal to hear and decide the
disputes only to the points specified in the
order of reference and matters incidental
thereto and follow the procedure as it may
think fit. ( Sec. 10 )
