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Section 20 - Commencement and conclusion of proceedings : Industrial Disputes Act 1947

 

What is the Commencement and conclusion of proceedings? Section 20 of Industrial Disputes Act 1947

Section 20 of Industrial Disputes Act 1947 : "Commencement and conclusion of proceedings"

20. (1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under section 22 is received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case may be.

(2) A conciliation proceeding shall be deemed to have concluded-

(a) where a settlement is arrived at, when a memorandum of the settlement is signed by the parties to the dispute;

(b) where no settlement is arrived at, when the report of the conciliation officer is received by the appropriate Government or when the report of the Board is published under section 17, as the case may be; or

(c) when a reference is made to a Court, Labour Court, Tribunal or National Tribunal under section 10 during the pendency of conciliation proceedings.

(3) Proceedings before an arbitrator under section 10A or before a Labour Court, Tribunal or National Tribunal] shall be deemed to have commenced on the date of the reference of the dispute for arbitration or adjudication, as the case may be, and such proceedings shall be deemed to have concluded on the date on which the award becomes enforceable under section 17A.

STATE AMENDMENTS

WEST BENGAL
For sub-section (1) of section 20 the following sub-section shall be substiĀ­tuted :-

'(1) A conciliation proceeding shall be deemed to have commenced-

(a) in the case of an industry declared as "public utility service", on the date on which a notice of strike or lock-out under section 22 is received by the conciliation officer,

(b) in the case of any other industry, on the date the conciliation officer issues notices asking the parties concerned to attend a joint conference before him, and

(c) in the case where an industrial dispute is referred to a Board, on the date of the order referring the dispute to a Board - West Bengal Act No. 57 of 1980.

 

INDUSTRIAL DISPUTES ACT 1947

Section 14 - Duties of Courts

Section 15 - Duties of Labour Courts, Tribunals and National Tribunals

Section 16 - Form of report or award

Section 17 - Publication of reports and awards

Section 17A - Commencement of the award

 

 

Section 17B - Payment of full wages to workman pending proceedings in higher courts

Section 18 - Persons on whom settlements and awards are binding

Section 19 - Period of operation of settlements and awards

Section 20 - Commencement and conclusion of proceedings

Section 21 - Certain matters to be kept confidential

 

 

CHAPTER V STRIKES AND LOCK-OUTS

Section 22 - Prohibition of strikes and lock-outs

Section 23 - General prohibition of strikes and lock-outs

Section 24 - Illegal strikes and lock-outs

Section 25 - Prohibition of financial aid to illegal strikes and lock-outs

CHAPTER V-A LAY-OFF AND RETRENCHMENT

Section 25A - Application of sections 25C to 25E

 

 

Section 25B - Definition of continuous service

Section 25C - Right of workmen laid off for compensation

Section 25D - Duty of an employer to maintain muster rolls of workmen

Section 25E - Workmen not entitled to compensation in certain cases

Section 25F - Conditions precedent to retrenchment of workmen

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