‘Conciliation officer' duty-bound to ensure settlement of disputes without delay: Court

Conciliation officers have to investigate disputes ‘without delay' and ensure their quick settlement, the Madras High Court has ruled.

These officers might do all such things as they thought fit for purpose of ‘inducing' parties to reach a ‘fair and amicable' settlement, and if parties were aggrieved, then he could record a settlement u/s 12(3) r/w 2(p) of the Industrial Disputes Act, Mr Justice K. Chandru, ruled disposing of a writ petition filed by SRF Ltd IFB Employees Union, Viralimalai, Pudukottai, praying for direction to Assistant Commissioner of Labour (Conciliation), Mannarpuram, Tiruchi (R-1).

‘Dubious' designation of certain newly recruited workers by SRF Ltd (industrial fabrics business) (R-2) as ‘Area Leaders' and not as ‘work associates' was not fair and proper, the petitioner contended. The petitioner wanted to have adjudication of dispute and hence the writ petition.

The judge observed that both the respondents had not filed any counter affidavit, and hence, the court had to proceed on the basis of averments made in affidavits filed in support of petition. The conciliation officer notified u/s 12(1) of the Act, was bound to enquire into such complaints and he must hold conciliation in prescribed manner.

On receipt of report u/s 12(4), the State Government would pass the order referring the dispute, or decline to make reference. If the petitioner was unable to appear before the conciliation officer, he could always depute representative and offer his written remarks on the subject. The conciliation officer had now been empowered u/s 11(4) to enforce attendance of any person, the judge ruled.

The writ petition was disposed of with direction to the R-1 to complete conciliation.

If no compromise was reached among parties, he should forward the failure report to the Government. This exercise should be carried out within eight weeks, the judge held.

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