Rule 23: Conciliation proceedings

Finin2min analysis — operative rule mechanics

Full notified text — Rule 23

23. Conciliation proceedings –– (1) Where the conciliation officer receives any––

      (a) notice of a strike or lockout given under rule 25 or rule 26; or
      (b) application in respect of an existing industrial dispute; or
      (c) information regarding apprehension of an industrial dispute,

such officer shall––

       (i)     in case of clause (a), enter the details on the designated portal and hold conciliation proceedings and
               inform the concerned parties the date of sitting for such purpose;
       (ii)     in case of clause (b), enter the details on the designated portal and examine the application and if such
               dispute pertains to the jurisdiction of State Government, transfer the application to the concerned
               authority or otherwise proceed with the application and hold the conciliation in respect thereof; and
       (iii)   in case of clause (c), enter the details on the designated portal and issue fresh notice to the parties
               concerned declaring his intention to commence conciliation proceedings.

(2) The employer’s representative and the worker’s representative shall, on receipt of the notice referred to in sub-rule
(1), submit their respective statements in respect of the said dispute in the first meeting of the conciliation proceedings.

(3) The conciliation officer shall, without delay, ascertain the facts and circumstances relating to the dispute and enquire
into all matters affecting the merits and right settlement thereof and hold conciliation proceedings between the parties
to the dispute and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and
amicable settlement of the dispute.

(4) If no settlement is arrived at in the conciliation proceedings referred to in sub-rule (3), the conciliation officer shall,
within seven days from the date on which the conciliation proceedings are concluded, upload a report on designated
portal of the Ministry of Labour and Employment and forward a copy thereof electronically or by speed post or in person
to the parties to the dispute and to the Central Government.

(5) The report shall be made accessible to the parties concerned on the said designated portal by the Ministry of Labour
and Employment.

(6) If settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation
proceedings, the conciliation officer shall, apart from submitting a report to the Central Government or an officer duly
authorised in this behalf by that Government along with a memorandum of the settlements signed by the parties to the
dispute, also upload such report and memorandum of settlement on the designated portal of the Ministry of Labour and
Employment.

 (7) All evidences before the conciliation officer, except the documentary evidence, shall be filed in the form of an
affidavit and the parties to the dispute shall also file the application or, as the case may be, file reply or rejoinder thereof
in the form of an affidavit.

(8) The report referred to in sub-rule (4) shall, inter alia, contain the submissions of the employer, worker or Trade
Union, as the case may be, involved in the dispute and it shall also contain the efforts made by the conciliation officer
to bring the parties to an amicable settlement, reasons for refusal of the parties to resolve the dispute and the conclusion
arrived at by the conciliation officer.

(9) Where any dispute is not settled during the conciliation proceeding, the concerned party may make an application
in Form II before the Tribunal electronically or by speed post or by speed post with value added services-Registration
or POD (Proof of Delivery), within ninety days from the date of the report under sub-rule (5).

Application and evidence

1. Primary statutory test — (3) The conciliation officer shall, without delay, ascertain the facts and circumstances relating to the dispute and enquire into all matters affecting the merits and right settlement thereof and hold conciliation proceedings between the parties to the dispute and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
2. Additional operative limb — (4) If no settlement is arrived at in the conciliation proceedings referred to in sub-rule (3), the conciliation officer shall, within seven days from the date on which the conciliation proceedings are concluded, upload a report on designated portal of the Ministry of Labour and Employment and forward a copy thereof electronically or by speed post or in person to the parties to the dispute and to the Central…
3. Numerical or timing control — (4) If no settlement is arrived at in the conciliation proceedings referred to in sub-rule (3), the conciliation officer shall, within seven days from the date on which the conciliation proceedings are concluded, upload a report on designated portal of the Ministry of Labour and Employment and forward a copy thereof electronically or by speed post or in…
4. Code Section mapping — 53. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
5. Prescribed-form link recorded in the corpus — II. Confirm the current notified form/version before filing.
6. Evidence file — retain facts and records proving the role/status of: Employer, Worker, Central Government, State Government, Authority / officer, Tribunal.

Cross-references & prescribed forms

Worked example

Q&A — Rule 23

Primary sources