contract workers affiliated with the
union was referred for conciliation being a conciliation
case number 83 of 2023, which was referred for the
adjudication ... thereafter, the Reference of
conciliation officer, Conciliation Case No.103 of 2023
made before the learned Tribunal by exercising the
power conferred under section
respondent-Union.
The aforesaid demands were taken into
conciliation proceedings, which was registered as
conciliation case No.103 of 2023 before the
learned Assistant Labour ... contract workers affiliated with the union was
referred for conciliation being a conciliation case
number 83 of 2023 and after submitting failure
Page
consent for conciliation
that is required under the ACA. In case conciliation fails, the
Facilitation Council can take up the dispute for arbitration or refer ... receipt of such reference, conduct conciliation or refer the dispute
for conciliation to an institution or centre; third, such conciliation
23
shall be conducted
application under Section 34 of the Arbitration and
Conciliation Act, 1996. In the said case, the agreement
stated that the venue of the arbitration shall ... both the
[arbitrators] in accordance to the Arbitration and
Conciliation Act, 1996 . In case either party fails to
appoint an arbitrator within sixty days after
settle the dispute. Thus, the requirement for conciliation under
clause 18 was not mandatory in the instant case. The petitioner's next
contention ... Contract only on failure of conciliation
proceedings.
The Arbitration shall be governed in accordance with Arbitration and
Conciliation Act, 1996 (hereinafter referred
conciliation proceedings lies within the discretion of the Conciliation
Officer. It was held that unless the Conciliation Officer expressly indicates
his intention to commence conciliation ... initiation of conciliation by
the Conciliation Officer. Mere talks or negotiations between the parties do
not, by themselves, amount to conciliation proceedings. In support
Conciliation upon remand or recording of
failure of conciliation. There is no order of the Facilitation
Council for Arbitration on failure of conciliation. The private ... conciliation between the parties and after the conciliation is failed it
records the failure of conciliation and secondly, upon such failure of
conciliation, an arbitral
amicably, in accordance with the conciliation procedure. The conciliation
procedure is mentioned in paragraph 26.2, that is, either party could call
upon the authority ... conciliation by the conciliation committee of independent experts. The
expression used in Clause 26.1.1 is "shall" and not "may". In case
Section 2(1)(e) of the Arbitration and Conciliation
Act to mean:
(i) in the case of an arbitration other than
international commercial arbitration ... section (2) of Section 14 of the Arbitration
and Conciliation Act. Thus, in case of the eventualities
mentioned in Section
Conciliation Act, 1996 , particularly Sections 20 , 23 , 24
and 25 .
15. There is a fundamental difference between
conciliation and arbitration. In conciliation the conciliator
assists ... Conciliation Act, 1996 , to adjudicate the dispute and
make an award. Proceedings for conciliation and arbitration
cannot be clubbed.
17. In this case only
