Conciliators to exercise Govt.’s power u/s 10 of Industrial Disputes Act

The Ministry of Labour & Employment, on 10th June, 2019 vide notification no. S.O. 1936(E) has delegated the Government’s power of “Reference of disputes to Boards, Courts or Tribunals” under Section 10 of the Industrial Disputes Act, 1947, to the Conciliation Officers. However, nothing in this notification shall affect the powers of the Central Government to exercise the powers under section 10 read with section 2A of the said Act consecutively irrespective of such delegation.

It was notified that in exercise of the powers conferred by section 39 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby directs that where any employer

  • discharges,
  • dismisses,
  • retrenches
  • or otherwise terminates the services of an individual workman

and any industrial dispute between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination is referred by the workman by making application under sub-section (2) of section 2A of the said Act to the jurisdictional Conciliation Officer holding the rank of

  • Labour Enforcement Officer, or
  • Assistant Labour Commissioner (Central), or
  • Regional Labour Commissioner (Central), or
  • Deputy Chief Labour Commissioner (Central), or
  • Additional Chief Labour Commissioner (Central), or
  • Chief Labour Commissioner (Central)

and where such conciliation fails, then, such Conciliation Officer shall, instead of making the Failure of Conciliation Report to the Central Government, exercise the powers of the Central Government himself under section 10 read with section 2A of the said Act and make such report directly to the Labour Court or Tribunal for adjudication subject to the following conditions, namely:-

(i) where such Conciliation Officer is of the rank of Labour Enforcement Officer or Assistant Labour Commissioner (Central) or Regional Labour Commissioner (Central), he shall at the first instance make such Failure of Conciliation Report to his Regional head holding the rank not below the Deputy Chief Labour Commissioner (Central), who shall examine the said Report and if he is of the opinion that the said industrial dispute under such Failure of Conciliation Report is not fit for adjudication, then, he shall send such Report to the Central Government for necessary action, otherwise refer the said industrial dispute under the Failure of Conciliation Report to the Labour Court or Tribunal for adjudication; and

(ii) where such Conciliation Officer is of the rank of Deputy Chief Labour Commissioner (Central) or Additional Chief Labour Commissioner (Central), he shall at the first instance make such Failure of Conciliation Report to the Chief Labour Commissioner (Central), who shall examine the said Report and if he is of the opinion that the said industrial dispute under such Failure of Conciliation Report is not fit for adjudication, then, he shall send such Report to the Central Government for necessary action, otherwise refer the said industrial disputes under the Failure of Conciliation Report to the Labour Court or Tribunal for adjudication; and

(iii) where such Conciliation Officer is of the rank of Chief Labour Commissioner (Central) and if he is of the opinion that the said industrial dispute under such Failure of Conciliation Report is not fit for adjudication, then, he shall send such Report to the Central Government for necessary action, otherwise refer the said industrial dispute under the Failure of Conciliation Report to the Labour Court or Tribunal for adjudication.

Copy of notification: S.O. 1936(E)

-Tushar Kaushik 

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