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State of Kerala - Section

Section 21 in The Kerala Headload Workers Act, 1978

21. Settlement of disputes.-

(1)Where a dispute which is connected with the employment or non-employment or the terms of employment or with the conditions of work, of any headload worker exists or is apprehended, the Assistant Labour Officer, having jurisdiction may hold conciliation conferences for the purpose of bringing about a settlement of the dispute and, if such settlement is not arrived at, send a report of the dispute to the Conciliation Officer.
(2)On receipt of a report under subsection (1), the Conciliation Officer may hold conciliation proceedings and shall, for the purpose of bringing about a settlement of the dispute, without delay investigate the same and all matters affecting the merits and the right settlement thereof and may do all such things as he things fit for the purpose of promoting a fair and amicable settlement of the dispute.
(3)If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of conciliation proceedings the Conciliation Officer shall send a report thereof to the appellate authority.
(4)If a settlement of the dispute or any of the matters in dispute is not arrived at, the Conciliation Officer shall take a decision on the dispute or, as the case may be, on the matters in respect of which no settlement has been arrived at and shall send a report of the dispute with a copy of his decision to the appellate authority.
(5)The decision of the Conciliation Officer under subsection (4) shall, subject to the decision of the appellate authority under subsection (7), be binding on all parties to the dispute.
(6)Any person aggrieved by any decision of the conciliation Officer under subsection (4) may, within such time as may be prescribed, appeal to the appellate authority against such decision.
(7)On receipt of an appeal under subsection (6), the appellate authority shall make such inquiries as it deems fit and after giving the parties an opportunity of being heard decide the appeal within a period of two week from the date of receipt of the appeal.
(8)Notwithstanding anything contained in any law for the time being in force, the appellate authority shall not stay the operation of the decision of the Conciliation Officer pending its decision on the appeal except for good and sufficient reasons to be recorded in writing.