Which one of the following statements relating to conclusion of conciliation proceedings under the I...........

Industrial Relation and labour law Labour Laws -I

Which one of the following statements relating to conclusion of conciliation proceedings under the Industrial Disputes Act, 1947 is not correct?

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It is concluded on the date when a memorandum of settlement is signed by the parties

It is concluded on the date when it ends in failure resulting in no memorandum of settlement signed between the parties

It is concluded on the date when the report of the Conciliation Officer is received by the Appropriate Government when no settlement is arrived.

It is concluded on the date when the reference is made by the Appropriate Government to the Labour Court/ Industrial Tribunal under Section 10 of the Act during pendency of the conciliation proceedings

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Explanation:

- Option 1: When a memorandum of settlement is signed, the conciliation proceedings conclude on that date as per Section 12(3) of the Industrial Disputes Act, 1947.

- Option 2: The proceedings do not conclude simply when the talks fail and no settlement is signed; they end only when the Conciliation Officer sends the failure report to the Appropriate Government.

- Option 3: When no settlement is arrived at, the conciliation proceedings are concluded on the date when the Appropriate Government receives the Conciliation Officer’s report. This is as per Section 12(6).

- Option 4: If the government refers the dispute to Labour Court/Tribunal during the pendency of conciliation proceedings, the conciliation ends on the date of such reference (Section 20(2)(b)).

Correct answer:

Option 2 is not correct. Conciliation does not conclude just because there is no settlement; it ends when the officer’s report is submitted.