Welcome to Programme on

Developing
Conciliation Skills

Anil Kaushik
HR Solutions (Alwar) Raj.
 Ingredients of
Conciliation
 Existence or apprehension of Industrial
dispute
 Mandatory in case of Public utility
service
 Discretion in other case
 Persuading parties to bring them to a
win-win situation
HR Solutions (Alwar) Raj.
 Specificunambiguous drafting of
settlement
 Making a report to Govt. about
settlement

Object is to maintain Industrial peace

I.D. Act deals with settlement of
disputes and not terms of employment
HR Solutions (Alwar) Raj.
 Duties & Powers
 Functions neither judicial nor quasi
judicial-no court
 Should satisfy himself by all means
available to him about propriety of under
taking conciliation and in doing so
 Has to get employer and worker
together, investigate the dispute, do all
such things which he thinks fit, to induce
parties to arrive at fair settlement
HR Solutions (Alwar) Raj.
 Act without delay
 Empowered to enforce attendance and
examine documents, deems necessary
to inspect
 Functions conciliatory-and not
adjudicatory
 To go from one camp to another to find
out greatest common measure of
agreement
 Play a role of advisor and friend

HR Solutions (Alwar) Raj.

 To ensure neither party takes undue
advantage of situation
 If the parties not interested to get a
settlement, not to resolve dispute in
their absence
 Existing or apprehended dispute must
be industrial dispute (Sec. 2k)
 Placing demand does not create
apprehension or existing industrial
dispute- unless rejected by
management
HR Solutions (Alwar) Raj.
 Has to follow procedure provided in
rules
 Mandatory in public utility service if the
concern is P.U. as per Sec. 2(n) and
notice under Sec. 22 is given
precondition-otherwise discretionary
 In case of non-utility public service-
discretion vested to hold conciliation or
not
 Raj. rules from 9 to 13 prescribes
conciliation procedure
HR Solutions (Alwar) Raj.
 Purelyadministrative and are incidental
to industrial adjudication

 Hisaction cannot be interfered in writ

unless committed some error of law in
refusing to take up conciliation

HR Solutions (Alwar) Raj.

 Example
 Officer satisfied on bonafide actions of
management regarding promotions-
refused to take up dispute for
conciliation- order could not be
interfered in High Court.

Expeditious investigation of dispute-

mandatory-inducing parties to bring to
settlement-directory
HR Solutions (Alwar) Raj.
 Empowered to call records of trade
union to find out membership and
majority
 Not empowered to physical verification
of union members
 Where a union is not a party, C.O. not
obliged to persuade them to participate
in proceedings on disputes raised by
other union
 To ensure that settlement is fair and
reasonable-special responsibility
HR Solutions (Alwar) Raj.
 Settlement has to be in prescribed form
 Mode and manner of signing in
prescribed way
 Sending report to Govt.
 Signatures on settlement should be
those of parties to dispute
 Not sending signed copy of settlement
to Govt. will not invalidate the
settlement

HR Solutions (Alwar) Raj.

 Even the absence of report will not
invalidate the settlement

 Agreement entered between

management and majority union
presented before conciliation officer in
prescribed form – which is fair and
reasonable, if satisfied – C.O. bound to
convert it in conciliation settlement

HR Solutions (Alwar) Raj.

 C.O. not compelled to sign only
settlement with majority union. Can go
with minority union also unless dispute
related to some special section of
workers with a special kind of demand

 Settlement once arrived can not be

nullified unilaterally

HR Solutions (Alwar) Raj.

 Failure Report
 Steps taken for ascertaining facts and
circumstances relating to dispute
 Steps to bring about a settlement
 Full statement of facts
 Reasons due to which settlement could not
be arrived at

HR Solutions (Alwar) Raj.

 Basis for Govt. to decide about Ref.
 Recommendation of C.O. not required. Can
not form internal part of report
 Even after failure report-C.O. can again
initiate proceedings if parties approach him
with mood to reconcile to bring settlement
 Attempts can be made till dispute is referred
for adjudication
 After reference- proceeding even if pending
will be deemed to be concluded

HR Solutions (Alwar) Raj.

 Reference
 Important voice of Govt. in permitting
industrial disputes to seek adjudication
 To keep in mind the objective of industrial
peace
 If Ref. Made – OK.
 If not-Sec. 12(5) become relevant
 Discretion not to make Ref. Can be exercised
only If:
- No existing or apprehended dispute
- Inexpedient to make Ref. In circumstance of
case
HR Solutions (Alwar) Raj.
-Should not enter in to territory of
adjudication
-If prima facie patently frivolous or
belated
-Facts glaringly against the claim
-No arguable points
-Person is not a workman
- No industrial dispute existed

HR Solutions (Alwar) Raj.

 Illustration
 Refusal
to refer justified when dispute
covered by valid settlement

 Substantialnumber of workmen signed

undertaking and resumed work –
dispute on the point would spark unrest
again-refusal to refer justified

HR Solutions (Alwar) Raj.

 When a temporary workman failed to
qualify for permanent recruitment in
written test

 Terminationof service of apprentice

after completion of training

HR Solutions (Alwar) Raj.

 High Court Interference
 IfGovt.’s failure to record and
communicate reasons
 Ignoring conciliation officer’s report
 Nature of reasons either irrelevant or
tentamounts to adjudication
 Apparently malafide

HR Solutions (Alwar) Raj.

 Industrial Dispute

A real and substantial difference having

some element of persistency and
continuity till resolved and if not likely to
endanger the industrial peace of
undertaking or community

HR Solutions (Alwar) Raj.

 Can arise only when made by workman
and denied by management
 ‘Any person’ does not cover, who was
offered employment but not allowed to
join
 ‘Terms of employment’- would include
not only contractual terms and
conditions but also which are
understood and applied by practice or
habitually or by common consent
without ever being incorporated in
contract
HR Solutions (Alwar) Raj.
 Industrialdispute of an individual nature
will come in to existence only when
community of interest is necessitated

 Union nothing to do with the

establishment of the workman, can not
espouse the cause of individual
workman

 Disputes of workmen left unsettled, will

be industrial dispute
HR Solutions (Alwar) Raj.
 Employer’s failure to keep his verbal
promise-not a industrial dispute

 Individual dispute of transfer can only

be conciliated upon if espoused by
union as industrial dispute

 Itis sufficient for industrial dispute if

before the date of reference it was
made by workmen and employer
rejected directly or through conciliation
HR Solutions (Alwar) Raj.
Conciliation Techniques
 Bringingtwo parties to discussion table
to reach to a constructive compromise

 Understanding conflict point

 Assess the strengths & weakness of

both the parties

 Influence the balance of power

HR Solutions (Alwar) Raj.
 Adopting and carrying parties to win-win
route of settlement

 Focus on interests not on positions

 Focus on problems not on person

 Invent multiple solutions

HR Solutions (Alwar) Raj.

 Bridge the gap in perception

 Collect the information

 Set Objectives

 Establishpriority by identifying hot

button of both parties

HR Solutions (Alwar) Raj.

 Dilute the rigidity

 Don’t allow both the parties to use

insulting/humiliating/bad language
during conciliation

 Encourage openness during

discussions

 Create harmonious atmosphere by

using icebreaking activities
HR Solutions (Alwar) Raj.
 Recognise and value rights and duties
of both the parties

 Attempt for long term solutions

 Develop a sense of mutual respect &

gain

HR Solutions (Alwar) Raj.

 Drafting of settlement
 Inconsonance with prescribed
procedure

 Scope/Time Frame/Duration

 Specifically
written what has been
agreed upon

HR Solutions (Alwar) Raj.

 Short sentences

 Familiar words

 Concrete words

 Should cover gains of both parties

 Easy and correct possible interpretation

HR Solutions (Alwar) Raj.

 While drafting-keep in mind future
possible controversies and provide
solutions

 Unambiguous contents & language

 Legally permissible and reasonable

HR Solutions (Alwar) Raj.

Thanks…

HR Solutions (Alwar) Raj.