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Section 44: Conciliation Officers

The Industrial Relations Code, 2020 (Act No. 35 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Mechanism for Resolution of Industrial Disputes
Competent Labour Forum
Act No. 35 of 2020
Section 43 All 104 Sections of Industrial Relations Code, 2020 Section 45

Legal Commentary & Landmark Judgments: Section 44

Section 44 of the Industrial Relations Code, 2020 governs the appointment and territorial or industry-specific jurisdiction of Conciliation Officers by the appropriate Government, charging them with the non-adjudicatory statutory duty of mediating and promoting amicable industrial settlements.

  • Executive Appointment by Gazette Notification: Conciliation Officers are appointed by the appropriate Government by official notification, designated for specified geographical areas, particular industrial sectors, or for limited tenures.
  • Statutory Duty of Active Mediation: Charged with the positive statutory duty of mediating in and promoting the settlement of industrial disputes, acting as facilitators rather than judicial arbiters.
  • Administrative Character & Absence of Judicial Powers: The Conciliation Officer functions in an administrative capacity to coax parties into mutual agreement; they possess no statutory authority to impose a binding award or adjudicate disputed questions of law.
Key Landmark Precedents:
  • State of Bombay v. K.P. Krishnan AIR 1960 SC 1223: Supreme Court held that the conciliation machinery is designed to investigate and explore all avenues of settlement; the conciliation officer's report forms the primary factual foundation for further industrial action.
  • Jaswant Sugar Mills Ltd. v. Lakshmi Chand AIR 1963 SC 677: Supreme Court clarified that a conciliation officer does not act as a court or tribunal; their function is purely administrative mediation aimed at fostering collective bargaining agreements.
Courtroom Practice & Strategic Litigation Guidance:

During conciliation proceedings before a Section 44 Conciliation Officer, advocate positions through written memoranda supported by audited accounts and wage benchmarks. Do not treat conciliation as an adversarial trial; concessions should be made strictly 'without prejudice' to protect legal arguments if conciliation fails.

Section 43 All 104 Sections of Industrial Relations Code, 2020 Section 45