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 substituted :-

'(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.