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    Wednesday, 21 October 2015

    Functions and Powers of Conciliator

    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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    Item Reviewed: Functions and Powers of Conciliator Rating: 5 Reviewed By: Usman Ali
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