CONCILIATION MACHINERY

OBJECTIVES AND FUNCTIONS OF THE CONCILIATION MACHINERY

INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

INDUSTRIAL DISPUTES ACT, 1947 

SALIENT PROVISIONS OF THE INDUSTRIAL DISPUTE ACT 1947

PROCEDURE AND POWERS OF CONCILIATION OFFICERS

DUTIES OF CONCILIATION OFFICERS

PROTECTION OF WORKMEN DURING PENDENCY OF CONCILIATION PROCEEDINGS

OBLIGATION OF EMPLOYEES

OFFENCES AND PENALTIES

Puducherry CATERING ESTABLISHMENTS ACT, 1964

OTHER MATTERS

GUIDANCE AND HELP

GENERAL PROCEDURES

GRIEVANCE

RESPONSIBILITIES OF THE PUBLIC

TIME-BOUND CLEARANCES

PARTICULARS OF INDUSTRIAL DISPUTES CASES DISPOSED

HISTORY OF THE OFFICE

The Conciliation Machinery functions as a separate entity since 1975-76 after it was bifurcated from the enforcement machinery. The Labour Officer (Conciliation) functions as the Head of Office of the Office of the Labour Officer (Conciliation).

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 OBJECTIVES AND FUNCTIONS OF THE CONCILIATION MACHINERY

OBJECTIVES

The prime objective of the Office of the Labour Officer (Conciliation) is to take prompt and effective action pertaining to investigation and settlement of industrial disputes amicably so that "Industrial Harmony" shall be maintained among the industries in Union Territory of Puducherry. To mention in detail, the objectives are:-

  1. to promote activities so as to maintain industrial peace among the various industries in the Puducherry Region.

  2. to ensure the welfare of the work force through conciliation by settlement of disputes regarding wage revision and other welfare measures.

  3. to educate the management personnel and workers regarding their obligations to each other by conducting Training Programmes.

  4. to take prompt and effective action for settlement of grievances and implementation of settlements, awards, decisions and orders.

  5. to ensure that unfair labour practices are not adopted either by the Management or by the Union.

  6. to ensure social justice to both employers and employees and thereby promote industrial progress.

 

FUNCTIONS

To implement the following Central as well as State Acts.

  1. Industrial Disputes Act, 1947

  2. Industrial Employment(Standing Orders) Act, 1946

  3. Puducherry Catering Establishment Act, 1964

 INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946.

The Act aims to achieve a laudable objective for the protection of labour by providing uniform and stable conditions of service. The Act requires employers of certain industrial establishments to clearly define the conditions of employment i.e. Standing Orders/Service Rules and to make them known to the workmen employed by them. If any dispute arises in relation to certified Standing Orders, the Conciliation Officer will intervene and settle the dispute in accordance with the Industrial Disputes Act, 1947

The Industrial Disputes Act,1947 was enacted to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of Industrial disputes by negotiations instead of by trial of strength through strikes and lock outs.

An "industrial dispute" has three ingredients, viz:-

  1. there should be real and substantial dispute or difference

  2. the dispute or difference must be between employers and or workmen

  3. the dispute or difference must be connected with the employment or non-employment or terms of employment or with the conditions of labour of any person

The procedures for strikes or lockouts, lay-off, retrenchment, closure and activities regarded as unfair labour practices are also dealt under the Industrial Disputes Act, 1947.

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Puducherry CATERING ESTABLISHMENTS ACT. 1964

The Labour Officer (Conciliation) is the appellate authority under the Puducherry Catering Establishments Act, 1964 and if any case is received under this Act, enquiries will be conducted and orders will be issued on merits.

 OTHER MATTERS

Every year, One Day Training Programmes on Industrial harmony are being conducted in order to create a conducive atmosphere in the Industrial arena. The Training Programme is also aimed to create awareness of the prevailing labour laws and ensuring the compliance by both the employers and employees. The Training Programme is conducted in co-ordination with Central Board for Workers' Education, Chennai. To encourage the Good Industrial Relationship between the workers and the Management, the "Good Industrial Relations Awards" are also presented to the winners every year.

GUIDANCE AND HELP

  1. The public can approach the Labour Officer (Conciliation), Puducherry and the Assistant Inspectors of Labour for providing all the necessary guidance and for suitable action.

  2. The Labour Officer(Conciliation)/Assistant Inspectors of Labour will arrange for conciliation between the parties to the dispute so as to arrive at a mutually agreeable solution.

GENERAL PROCEDURES

  1. Any application/communication intended for the Office of the Labour Officer (Conciliation), Puducherry shall be in triplicate and will be received by a staff authorized in this behalf.

  2. All the industrial disputes referred to this Conciliation Machinery will be taken up immediately and the replies will be sent within 15 days.

  3. In case of a likely or inevitable delay in replying, this office will promptly communicate the reasons thereof.

GRIEVANCE

  1. If the public is having any grievance, they may contact the Labour Officer (Conciliation), Puducherry in the first instance for redressal of their grievances.

  2. Complaints will be settled within 15 working days of its receipt. If not, the delay and time taken to resolve will be intimated.

RESPONSIBILITIES OF THE PUBLIC

Both employers and employees of an industrial establishmont are regarded as two sides of the coin. On the one hand, a great social responsibility lies on the employers to improve the employment and other conditions of workers and on the other hand, a similar responsibility rests, with the employees also to co-operate whole-heartedly towards increased productivity. Both employers and employees are therefore required to help the conciliation Machinery by due observance of labour legislation in letter and spirit and by adopting the practice of give and take in settling their differences. Practical suggestion on the conciliation machinery is solicited from the concerned so as to improve its performance.

TIME BOUND CLEARNACES

Item

Forms to beSubmitted

Authority/Office to be approached

Time Limit

Industrial Disputes Act
Settlement of Industrial Disputes

Application in plain paper
(in triplicate)

Concerned areaConciliation Officer

Within 14* days from the date of the Application.

* 60 days fixed by the Government of Puducherry