Section 4 of Industrial Disputes Act 1947: Conciliation Officers

Section 4 authorises the appropriate Government to appoint conciliation officers for mediating in and promoting the settlement of industrial disputes. Their statutory function is conciliatory: they assist the parties in attempting a fair and amicable settlement rather than adjudicating the dispute.

Legal position covered: This article presents the Industrial Disputes Act, 1947 position before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. Section 4 is an industrial-relations provision and does not itself prescribe rules of evidence.

Section 4 - Conciliation Officers

(1) The appropriate Government may, by notification in the Official Gazette, appoint such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes.

(2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.

Who Appoints a Conciliation Officer?

The power of appointment belongs to the appropriate Government. Section 2(a) determines whether the Central Government or the State Government is the appropriate Government for the industrial dispute concerned. Appointment under Section 4 is made by notification in the Official Gazette.

Role of a Conciliation Officer

Section 4 describes the core role as mediating in and promoting settlement of industrial disputes. The detailed statutory duties are set out in Section 12. Where an industrial dispute exists or is apprehended, a conciliation officer may hold conciliation proceedings; where the dispute relates to a public utility service and notice under Section 22 has been given, Section 12 requires conciliation proceedings.

During conciliation, the officer investigates the dispute and matters affecting its merits and a proper settlement, and may take steps considered appropriate to induce the parties to reach a fair and amicable settlement. If a settlement is reached, the statutory report and memorandum of settlement are sent in accordance with Section 12. If settlement fails, the officer submits a failure report containing the prescribed information.

Area, Industry and Period of Appointment

Section 4(2) permits flexible appointments. A conciliation officer may be appointed for a specified geographical area, for specified industries within an area, or for one or more specified industries. The appointment may be permanent or for a limited period. The applicable Gazette notification therefore matters when determining the officer's territorial and industrial jurisdiction.

Important Related Definitions

Conciliation officer: Section 2(d) defines a conciliation officer as a conciliation officer appointed under the Act.

Conciliation proceeding: Section 2(e) defines a conciliation proceeding as any proceeding held by a conciliation officer or Board under the Act.

Industrial dispute: Section 2(k) defines the expression in relation to specified 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. Section 2A separately deals with specified individual discharge, dismissal, retrenchment or termination disputes.

Conciliation and Adjudication Are Different

A conciliation officer seeks settlement and does not perform the adjudicatory function assigned to a Labour Court under Section 7, a Tribunal under Section 7A, or a National Tribunal under Section 7B. Where conciliation does not produce a settlement, the statutory process may proceed in accordance with the provisions governing reports and reference of disputes.

Official Legal Sources

For a particular matter, the applicable Gazette notification, Central or State rules, State amendments and the law in force for the relevant period should also be verified.