1.
Introduction
One
of the objects of the PIRA 2010 is the avoidance and settlement of any
difference arising between the employer and the worker. For this purpose, many
ways have been provided one of which is the conciliation proceedings. The
legislature provided an opportunity of negotiations between the employer and
the workmen through the intervention of the third party, the conciliator. His
appointment and functions have been provided under PIRA 2010.
2.
Relevant Provisions
2(vi)
35, 36, 37, & 38 of Punjab Industrial Relation Act 2010
Sec
2 (viii), 36, 37,38, 39 Industrial Relation Act 2012
3.
Meaning of Conciliators U/Sec 2(vi)
Conciliator
means a person appointed as conciliator u/s 35.
4.
Conciliation Proceeding
Conciliation
proceeding means any proceedings before a Conciliator
5. Appointment of Conciliation U/sec 35
(i)
Appointment by Provincial Govt
In
respect of all disputes except disputes in which national Industrial Relations
Commission is competent to adjudicate, the Provincial Govt, has the authority
to appoint conciliator.
(a)
Discretion of Provincial Govt
It
is upon the discretion of Provincial Govt. to appoint as many persons as it
considers necessary to be conciliators for the purpose of PIRA 2010.
(b)
Procedure
The
Provincial Govt. shall specify the fact of such appointment in the official
Gazette and Specify in it the area within which or the class of establishments
or industries in relation to which each one of them shall perform his function.
(ii)
Appointment by Federal Govt
The
Federal Govt. may appoint Conciliators is such disputes as the National
Industrial, Relations Commission is competent to adjudicate.
(a)
Discretion of Federal Govt
It
is upon the discretion of federal govt. to appoint as many persons as it
considers necessary to be conciliators.
(ii)
Procedure
The
Federal Govt. shall specify the fact of such appointment in the official
Gazette.
6.
Notice of strike or lockout u/s 36
The
period of notice of lock out or strike shall be 14 days.
7.
Conciliation after notice of strike or lockout u/s 37
Where
a party to in Industrial dispute serves a notice of strike or lockout u/s 34 it
shall simultaneously with the service of such notice deliver a copy thereof to
the conciliator who shall proceed to conciliate in the dispute and also forward
a copy of the notice to the labor court.
8. Procedure before conciliator u/sec 38
(i)
Calling of meeting of parties
The
conciliator shall call a meeting of the parties to dispute for the purpose of
bringing about a settlement, as soon as possible.
(ii)
Representation before conciliator
The
parties to the dispute shall be represented before the conciliator by the
persons nominated and authorized by them to negotiate and enter into an
agreement binding in the parties.
(iii)
Notice to employer or any officer of Trade Union
Where
the conciliator thinks necessary the presence of the employer or any
office-bearer of the trade union connected with the dispute, in a meeting, he
or it shall give notice in writing requiring such person to appear in person
before him or it at the place date and time specified in the notices.
(iv)
Functions of Conciliator
The
conciliator shall perform such functions in relation to a dispute before him as
may be prescribed.
(i)
Giving of Suggestions
The
conciliation may suggest to either party to the dispute, such concessions or
modification in its demand as are in his or it opinion likely to promote an
amicable settlement of the dispute.
(vi)
Where the Dispute is settled
If
the settlement of the dispute or of any matter in it is arrived at in the
course of the proceedings the conciliator shall send a report thereof to Govt.
as the case must be together with the memorandum of settlement singed by the
parties to the dispute.
(iv)
Where dispute is not settled
If
no settlement is arrived at within period of notice, the conciliation
proceedings may be continued for such further period as may he agreed upon by
the parties.
(viii)
Strike and Lockout u/sec 40
If
no settlement is arrived at during the course of conciliation proceedings and
the parties to the dispute do not agree to refer it to an Arbitrator under sec
39 the workmen go on strike, the employer may declare the lockout, on the
expiration of the period of the notice u/s 36 or upon the declaration by the
conciliator, that the conciliation proceeding have failed, whichever is later.
8.
Conclusion
To
conclude it can be said that the conciliator is a medium through which various
disputes between employer and the workman can be resolved. This is an impartial
third person appointed by the federal or provincial Govt as the case may be and
his main function is to bring about a peaceful settlement between the disputed
parties.
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