2006 (1) AIR Kar R 616

Karnataka High Court

Hon'ble Judge(s): P. Vishwanaiha Shetty, H. G. Ramesh , JJ

(A) Industrial Disputes Act (14 of 1947) , S.12(1), S.33— Industrial Disputes (Karnataka) Rules (1957) , R.10— Conciliation proceedings - When commences - Earlier notice issued by conciliation officer directs parties to be present before him for purpose of conciliation and to maintain status quo as conciliation proceedings are on - Said instruction or direction given by Conciliation Officer could only be traced to obligation cast on management under S. 33 of Act not to alter conditions of service of workmen as set out in S. 33 - Notice should be understood as initiating conciliation proceedings and not only as convening of meeting between management and workmen - Minor error in form of notice issued - To be ignored. From the scheme of the Act it is clear that the Conciliation Officers are appointed with a view to mediate and bring about settlement and create a congenial atmosphere for the purpose of industrial peace. Therefore, it would not be permissible for him not to initiate conciliation proceedings, if in the circumstances, the materials placed before him calls for initiation of conciliation proceedings. This is also clear from the reading of sub-section (2) of S. 12 of the Act, wherein it is provided that the Conciliation Officer should for the purpose of bringing about a settlement of the dispute, without delay investigate the dispute and all matters ....