CONCILIATOR

1. INTRODUCTION

Conciliation is a form of Alternate Dispute Resolution (ADR) in which a neutral

third party hears both the sides and then issues a non binding suggestion.

2. RELEVANT PROVISIONS

Section 2 (v, vi) , 35, 37 & 38 of Industrial Relations Act 2010 Punjab

3. GENERAL MEANING

I-Conciliation

A settlement of dispute in an agreeable manner.

Ii-Conciliation Proceedings

A process in which a neutral person meets with the parties to a dispute might be
resolved.

4. STATUTORY DEFINITIONS

i- Conciliator Proceedings U/S 2(v)

“Any proceedings before a conciliator”

ii- Conciliator U/S 2 (vi)

“A person appointed as conciliator under section 35”

5. MODES OF SETTLEMENT OF INDUSTRIAL DISPUTE

a) Negotiation u/s 34
b) Conciliation u/s 35, 37 & 38
c) Arbitration u/s 39

6. APPOINTMENT OF CONCILIATOR U/S 35

I. The Government shall by notification in the official Gazette

II. Appoint as many persons as it considers necessary to be the conciliators
III. For the purposes of this Act and
IV. Also shall specify the area within which each one of them shall perform his
functions.
 7. CONCILIATION AFTER NOTICE OF STRIKE OR LOCK-OUT U/S 37

I. After service of notice of strike or lock out

II. Simultaneously notice shall be served to conciliator
III. After service of notice conciliator shall proceed to conciliate in the dispute

8. PROCEEDINGS BEFORE CONCILIATOR U/S 38

I. Meeting of parties to be called by conciliator

II. Attempts to conciliate between the parties
III. Representatives of parties to appear before conciliator
IV. Conciliator may require presence of employer or office bearer of trade union

9. FUNCTION OF CONCILIATOR

Conciliator may suggest to either party to the dispute such concessions or

modifications in its demand as are in the opinion of the conciliator likely to
promote an amicable settlement of the dispute.

10. PROCEDURE IN CASE OF SETTLEMENT

I. Conciliator shall send a copy of settlement to Government

II. Copy of memorandum of settlement to be signed and sent to Government

11. PROCEDURE IN CASE OF NO SETTLEMENT

I. Conciliation proceedings may be extended if no settlement is arrived.

II. Notice of strike and lock out may be pending during conciliation proceedings

12. CONCLUSION

Conciliation is a settlement of dispute in an agreeable manner and it is a form of

Alternate Dispute Resolution (ADR) in which the neutral third party hears both
the sides and then issues a non-binding suggestion.