dispute has been
referred for Arbitration or Conciliation, the provisions of the Arbitration and
Conciliation Act, 1996 (for short '1996 Act') shall apply ... proceedings for Arbitration or Conciliation were referred for settlement
under the provisions of 1996 Act. Section 8 of the 1996 Act deals with the
power
been given shall, hold conciliation
proceedings in the prescribed manner."
The Conciliation Officer took the dispute in
conciliation within his discretion even though ... mandatory for the Conciliation Officer to start
conciliation proceedings. As the report of the Conciliation
Officer submitted to the State Government shows, he invited
conciliation machinery
provided in the Trade Disputes Act. Conciliation will be
compulsory in all disputes in public utility services and
optional in the case ... limits have been prescribed for conclusion thereof -
fourteen days in the case of conciliation officer and two
months in the case of Board of Conciliation
parties do not agree for conciliation, there can be no
`conciliation'. As a consequence, as in the case of arbitration, the court
cannot refer ... case of motor accident claims), the court may refer the matter
to Lok Adalat. In case where the questions are complicated or
cases which
dispute is arrived at in
the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate
Government together with ... conciliation proceedings is a settlement
arrived at with the assistance and concurrence of the
conciliation officer, for it is the duty of the conciliation
officer
parties to
come to an amicable settlement.
(2) In any case where the Conciliation Board is
successful in bringing about an amicable settlement
between ... case."
The facts in Kraipak's case (supra) are quite different from
the facts in the present case. In Kraipak's case
August 22, 1980 during the pendency of the
conciliation proceedings (Conciliation Case No. IDC 480/80), a
settlement under Section 12 read with Section
conciliation proceedings before a Conciliation Officer, and seven days after the conclusion of such proceedings. Under section 20(1) a conciliation proceeding shall be deemed ... conciliation proceedings are to be deemed to have concluded. Although factually the conciliation proceedings terminate when a settlement is arrived at before the Conciliation Officer
whether any notice of conciliation had been
issued by the Conciliation Officer and, therefore, there was
pendency of conciliation proceeding. Learned Single Judge
held against ... conciliation proceedings before the
Conciliation Officer and 7 days after the conclusion of the
proceedings. The Conciliation Officer shall hold the
conciliation proceedings when notice
such a dispute as if the
conciliation was initiated under Part III of that Act.
(3) Where the conciliation initiated under sub-section ... Centre. In that case provisions of sections 65 to 81 of the Act of 1996
shall apply and in case conciliation under section
