Section 43 in The M.P. Industrial Relations Act, 1960
43. Settlement and report.
(1)If a settlement of an industrial dispute is arrived at in a conciliation proceeding, a memorandum of such settlement shall be drawn up in the prescribed form by the Conciliator and signed by the employer and the representative of employees. The Conciliator shall send a report of the proceedings along with a copy of the memorandum of settlement to the Registrar and the Chief Conciliator. The Registrar shall record such settlement in the register of settlement and intimate to the parties the date on which it is so recorded. The change, if any, agreed to by such settlement shall come into operation from the date on which it is recorded in the register.(2)If no such settlement is arrived at, the Conciliator shall, as soon as possible, after the close of the proceeding before him, send a lull report to the Chief Conciliator stating the steps taken by him for ascertaining the facts and circumstances relating to the dispute and the reasons on account of which, in his opinion, settlement could not be arrived at.(3)The Chief Conciliator shall forward the report submitted to him under sub-section (2), or if he is himself the Conciliator his report to the Government with such remarks as he deems fit.(4)Notwithstanding anything contained in this section where an industrial dispute is settled in regard to some of the industrial matters included therein and has not been settled in regard to others and the parties agree in writing that the settlement shall take place in regard to the industrial matters so settled, the settlement of the said industrial matter shall be registered and a report of the industrial matters not settled shall be sent in accordance with the provisions of this section.(5)The Government shall notify in the Gazette that no settlement was arrived at in the dispute, in its entirety or, as the case may be, as regards the industrial matters specified in the notification.(6)Before the close of the proceeding before him the Conciliator shall ascertain from the parties whether they are willing to submit the dispute to arbitration and make a note to that effect in his report under sub-section (2).(7)(a)Notwithstanding anything contained in the foregoing sub-sections, it at any stage of a conciliation proceeding the parties agree in writing to submit the dispute to arbitration, the agreement shall deemed to be a submission within the meaning of Section 49.(b)[ Where the agreement provides for arbitration either by an Arbitrator or by a Labour Court, or by the Industrial Court or by a Board, the Conciliator shall forthwith refer the dispute to the Arbitrator or a Labour Court or the Industrial Court or submit it to the State Government for reference to a Board, as the case may be. [Substituted by M.P. Act No. 34 of 1961.](c)Where the agreement provides for arbitration without an arbitrator being named therein, the Conciliator shall forthwith submit the dispute to the State Government for giving directions under the proviso to sub-section (2) of Section 49.]
