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Section 55: Commencement and conclusion of proceedings

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 54 All 104 Sections of Industrial Relations Code, 2020 Section 56

Legal Commentary & Landmark Judgments: Section 55

Section 55 of the Industrial Relations Code, 2020 defines the commencement and conclusion milestones for conciliation, arbitration, and tribunal proceedings, establishing critical jurisdictional timelines that govern strike/lock-out prohibitions and statutory freezes on service conditions.

  • Conciliation Commencement & Conclusion Milestones: Conciliation commences on the date the notice of strike or lock-out is received by the Conciliation Officer; concludes when a settlement is signed, a failure report is sent, or a reference/application is made.
  • Tribunal & Arbitration Timelines: Adjudication proceedings commence on the date of direct application or reference to the Tribunal; conclude on the date the award becomes enforceable (thirty days post-communication).
  • Statutory Freeze Window Activation: The intervening window between commencement and conclusion triggers statutory prohibitions on altering conditions of service and bans on strikes and lock-outs under Sections 62 and 90.
Key Landmark Precedents:
  • State of Bihar v. Kripa Shankar Jaiswal AIR 1961 SC 304: Supreme Court affirmed that conciliation proceedings commence strictly upon receipt of statutory notice by the conciliation officer, activating statutory protections against employer victimisation.
  • Andhra Bank Ltd. v. Industrial Tribunal AIR 1955 AP 387: High Court held that statutory definitions of commencement and conclusion determine the exact timeframe during which unilateral employer actions are barred.
Courtroom Practice & Strategic Litigation Guidance:

Maintain a timestamped register of all communications with the Conciliation Officer and Tribunal. Employers must not alter service conditions or issue termination notices until the proceeding has legally concluded under Section 55, avoiding contempt and unfair labour practice liabilities under Section 90.

Section 54 All 104 Sections of Industrial Relations Code, 2020 Section 56