Industrial Disputes Act: Conciliation Failure Steps
The conciliation process under the Industrial Disputes Act, 1947 aims to resolve disputes amicably. When conciliation proceedings fail, specific steps are mandated by the Act.
Conciliation Officer's Report
If the dispute remains unresolved, the conciliation officer must submit a failure report to the appropriate government. This report includes details about the dispute, the steps taken during conciliation, and the reasons for failure.
Referral for Adjudication
Following the failure report, the decision to refer the dispute for adjudication rests with the appropriate government. The appropriate government considers the report and decides whether the dispute warrants further action through adjudication by a Labour Court, Industrial Tribunal, or National Tribunal.
Therefore, the failure of conciliation proceedings leads to the matter being referred for adjudication by the appropriate government.
Important Questions from Trade Unions
- Match List - I with List - II, using codes given below. Answer in context of rights and liabilities of trade unions :
List - I List - II (a) Convey Vs. Wade (i) Role and right of minority trade unions (b) Rohtas Industries Staff Union Vs. Bihar (ii) Inducement to break a contract without violence is permissible (c) Chairman, S.B.I. Vs. Orissa Bank Association (iii) Amplification of scope of immunity provisions for striking employees (d) Food Corporation of India Staff Union Vs. F.C.I. (iv) Secret ballot is valid as a credible system for determining the representative character of a trade union in a multi union establishment - Which of the following statements, is correct ?
- Who among the following moved a resolution in the Central Legislative Assembly recommending that the Government should introduce a legislation for registration and protection of Trade Union in the year 1921 ?
- “Works Committee under the Industrial Disputes Act should be substituted by an ‘Industrial Relations Committee’ to promote in-house dispute settlement.” This recommendation was made by
- Who is a protected workman under the Industrial Disputes Act ? Answer from the codes given below :
1. A workman who is a member of a registered Trade Union.
2. Recognised by the Registrar of the Trade Union as protected workman.
3. A workman who is a member of the Executive or other office bearer of a registered Trade Union connected with the establishment.
4. Recognised as protected workman under the rules applicable to the establishment.
Codes :
