B. Settlement of industrial Dispute
This machinery has been provided under the industrial Disputes Act, 1947. It in fact provides a legislative way of settling the disputes. The nature of this machinery is curative for it aims at curing the ailments. The following approaches and measures are used for the settlement of disputes in industry:
Through conciliation, a third party provides assistance with a view to help the parties, employers and employees, to reach an agreement. The conciliator brings the employer and employees together to discuss with them their differences and assist them in finding out solution to their problems. Conciliation may be voluntary or compulsory. It is voluntary when the employer and employees resolve their difference, amicably amongst themselves, while it is compulsory when the parties have to participate irrespective of whether they desire to do so or not. The Industrial Disputes Act, 1947 provides for the appointment of the following conciliation machinery:
i. Conciliation Officer
The law provides for the appointment of Conciliation Officer by the government to conciliate between the parties to the Industrial dispute. The Conciliation Officer is given the powers of a civil court, whereby he is authorized to call and witness the parties on oath. The conciliation Officer is appointed by the appropriate government by notification in the Office Gazette. At State level the Commissioner of Labour, Additional Commissioner or the Deputy Commissioner of Labour may be appointed as conciliation officer for disputes arising in an undertaking employing more than 20 workmen. Labour Officers act as conciliation officers for disputes arising in undertaking employing less than 20 workmen. The conciliation proceedings for disputes arising in industries for which the Central Government is the appropriate authority are undertaken by the State Branch Officers of the Central Labour Commissioner’s Office. The duties of Conciliation Officer are:
a. To assist employers or their representatives and the trade unions to achieve and maintain effective industrial relations.
b. To chair conciliation proceedings.
c. To offer his services to the parties to a dispute and to assist them to resolve the dispute including making of inquiry as may be necessary.