proceedings as contemplated under Section 18(2) and only in
case of failure of conciliation proceedings, the first respondent shall record
termination of the conciliation ... contemplated under Section 18(2) of MSMED Act and in case of failure of
conciliation, to initiate arbitration proceedings as per Section
matter landing before the Conciliation Officer. As contemplated under
sub-section (2) of Section 12 of the Act, the Conciliation Officer has
made all efforts ... Assistant Labour Commissioner with a prayer to re-
open the Conciliation Case No.26 of 2012 under which proceedings the
agreement dated 2.3.2012 entered into
Arbitration and Conciliation
Act, 1996 , particularly Sections 20 , 23 , 24 , 25 .
10. There is a fundamental difference between
conciliation and arbitration. In conciliation the
conciliator ... assistance to support their case.
27. In the aforesaid case, it has been held that the proceeding
for conciliation and arbitration cannot be clubbed. Arbitration
Supreme
Court of India in the case of reported in the case of Fuerst Day Lawson
4
C.M.P. No.221 of 2022
Limited ... Conciliation Act,
1996, on the ground that there is no specific provision in the Arbitration
and Conciliation Act, 1996 that in case the appellant will
application under
Section 5 may, refer the same to a Conciliation Officer
and such Conciliation Officer shall submit his findings
within one month ... Conciliation Officer.
Rule 11 provides for proceedings by Conciliation Officer. Rule 12
provides for action by the Tribunal in case settlement before a
Conciliation Officer
copies of the application presented to
the Conciliation Officer, Board, Labour Court or
Tribunal, as the case may be.
(2) An employer seeking the approval ... Conciliation Officer, Board, Labour Court or
Tribunal, as the case may be, of any action taken
by him under clause (a) or clause
Section 33 of
the Act. Discussing the issue of pending reference case and violation of
provisions of Section 33 of the Act, the Labour Court ... found that the
workman had produced a charter of demand as Conciliation Case No. 1
of 2017 which was pending before the Labour Commissioner
plaintiffs against the defendant
under Sec.34 of the Arbitration and Conciliation Act r/w Sec.10 of
the Commercial Courts Act and sought ... Therefore, Sec.29(A) of Arbitration and Conciliation
Act is not applicable to the case on hand. Ex.R.30 is the notice
which
want of prior notice is
contrary to the record of the case and cannot be
sustained.
r. The sole arbitrator has not taken into consideration ... principles
emerging from Sec.31(a) of the Arbitration and
Conciliation Act and erred in directing the parties to
bear their own costs
utterly failed to bring the case within the
ambit of Sec.34 of the Arbitration and Conciliation Act to set aside
the finding which recorded ... plaintiff has failed to bring the case
within the ambit of Sec.34 of Arbitration and Conciliation Act,
question of setting aside the claim
