Section 20 of Industrial Disputes Act 1947: Commencement and Conclusion of Proceedings
Section 20 of the Industrial Disputes Act, 1947 fixes the statutory points at which conciliation, arbitration and adjudication proceedings are deemed to commence and conclude. These dates are important because several rights and restrictions under the Act depend on whether an industrial dispute proceeding is pending.
Section 20 - Statutory text
20. Commencement and conclusion of proceedings.
(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.
When does a conciliation proceeding commence?
Under Section 20(1), commencement depends on the type of statutory trigger. Where a notice of strike or lock-out under Section 22 is involved, the proceeding is deemed to commence when that notice is received by the conciliation officer. Where the dispute is referred to a Board, commencement is the date of the order making that reference.
When does conciliation conclude?
| Situation | Statutory point of conclusion |
|---|---|
| Settlement is reached | When the memorandum of settlement is signed by the parties to the dispute. |
| No settlement - conciliation officer | When the conciliation officer's report is received by the appropriate Government. |
| No settlement - Board | When the Board's report is published under Section 17. |
| Reference during pending conciliation | When a reference is made under Section 10 to a Court, Labour Court, Tribunal or National Tribunal. |
Arbitration and adjudication proceedings under Section 20(3)
Proceedings before an arbitrator under Section 10A, or before a Labour Court, Tribunal or National Tribunal, are deemed to commence on the date on which the industrial dispute is referred for arbitration or adjudication. They conclude on the date the award becomes enforceable under Section 17A.
Important legal terms and connected provisions
Conciliation proceeding
Section 2(e) defines "conciliation proceeding" as a proceeding held by a conciliation officer or Board under the Industrial Disputes Act.
Industrial dispute
Section 2(k) defines "industrial dispute" in relation to disputes or differences between employers and employers, employers and workmen, or workmen and workmen connected with employment, non-employment, terms of employment or conditions of labour of any person.
Settlement
Section 2(p) defines "settlement" to include a settlement arrived at in the course of conciliation proceedings and a written agreement between the employer and workmen arrived at otherwise than in conciliation where the statutory conditions are satisfied.
Award
Section 2(b) defines "award" as an interim or final determination of an industrial dispute or a question relating to it by a Labour Court, Industrial Tribunal or National Industrial Tribunal, and includes an arbitration award made under Section 10A.
Relationship with Sections 10, 10A, 17 and 17A
Section 20 operates with other provisions of the Act. Section 10 concerns reference of industrial disputes for inquiry or adjudication, while Section 10A concerns voluntary reference to arbitration. Section 17 deals with publication of reports and awards, and Section 17A governs enforceability of awards. Section 20 uses these statutory events to determine the commencement or conclusion of proceedings.
West Bengal State amendment
The source page records that West Bengal Act No. 57 of 1980 substituted Section 20(1) for the State. According to the recorded amendment, a conciliation proceeding is deemed to commence:
(a) in an industry declared to be a "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 any other industry, on the date the conciliation officer issues notices asking the parties concerned to attend a joint conference before him; and
(c) where an industrial dispute is referred to a Board, on the date of the order referring the dispute to the Board.
State amendments should be checked against the applicable official State legislation before being relied upon in a particular dispute.
Official legal sources
For authoritative statutory material, refer to the official India Code portal and the Ministry of Labour and Employment Acts and Policies portal.