Conciliation and adjudication of dispute
Section 53 of the Industrial Relations Code, 2020 deals with conciliation and adjudication of dispute. Where any industrial dispute exists or is apprehended or a notice under section 62 has been given, the conciliation officer shall, hold conciliation proceedings in such manner as may be prescribed: Provided that the conciliation officer shall not hold any such proceedings relating to the industrial The Act was enacted on 28 Sep 2020.
(1) Where any industrial dispute exists or is apprehended or a notice under section 62 has been given, the conciliation officer shall, hold conciliation proceedings in such manner as may be prescribed:
Provided that the conciliation officer shall not hold any such proceedings relating to the industrial dispute after two years from the date on which such industrial dispute arose.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the conciliation officer shall send a report thereof to the appropriate Government or an officer authorised in this behalf by the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable, after the close of the investigation, send to the concerned parties and to the appropriate Government a full report, in the electronic or other form as may be prescribed, setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) Notwithstanding anything contained in sub-section (4), the conciliation officer shall send the report to the concerned parties and the appropriate Government within forty-five days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government:
Provided that where a conciliation officer receives notice under section 62, he shall send the report to the concerned parties and to the appropriate Government within fourteen days of the commencement of the conciliation proceedings:
Provided further that subject to the approval of the conciliation officer, the time may be extended by such period as may be agreed upon in writing by the concerned parties to the dispute.
(6) Any concerned party may make application in the prescribed form to the Tribunal in the matters not settled by the conciliation officer under this section within ninety days from the date on which the report under sub-section (4) is received to the concerned party and the Tribunal shall decide such application in the prescribed manner.
Section 53, The Industrial Relations Code, 2020 (Act 35 of 2020).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Super Spinning Mills Limited vs State of Andhra Pradesh
Decided under industrial-disputes-act-1947 12, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The conciliation officer's failure report and the Government's consequent reference of the dispute for adjudication are administrative, not judicial or quasi-judicial, acts, so certiorari does not lie against a reference; disputed questions - whether the settlements covered the bulk of the workforce, how many workmen were on the rolls, and whether the COVID-19 lay-off was lawfully declared - are for the adjudicating Tribunal, and the pandemic is no warrant for by-passing the statutory permission requirement.
On this section: Marks the boundary of section 53's conciliation-to-adjudication machinery: a writ court will not intercept the conciliation officer's report or the resulting reference, leaving the merits to the Tribunal.
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Balrajkishor Malaprasad Misra vs Narayan Bhimaya Jaida
Decided under industrial-disputes-act-1947 12, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
At the adjudication stage that follows a reference, the Labour Court has power to implead the real employer even though that party was not identified before the conciliation officer; the scheme of the Act does not let a mis-description of the employer during conciliation defeat the adjudication of an otherwise genuine industrial dispute.
On this section: Illustrates how section 53's conciliation stage feeds into adjudication - defects in the identification of parties during conciliation can be cured by the adjudicating forum rather than sinking the dispute.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 53
What have the courts held on Section 53 of the Industrial Relations Code?
Super Spinning Mills Limited vs State of Andhra Pradesh (01 Feb 2023) is the leading judgment on this section among those set out below, though it was decided under INDUSTRIAL-DISPUTES-ACT-1947 12, which this section replaced -- the court never mentioned this Act: Marks the boundary of section 53's conciliation-to-adjudication machinery: a writ court will not intercept the conciliation officer's report or the resulting reference, leaving the merits to the Tribunal. Another 1 judgment on this section is set out below. They run from 2018 to 2023.
How do I find court cases under Section 53 of the Industrial Relations Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Industrial Relations Code 53, section 53 Industrial Relations Code, section 53 of the Industrial Relations Code. People searching for it also type industrial relations code 2020 section 53. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Super Spinning Mills Limited vs State of Andhra Pradesh (01 Feb 2023).
What should I read with Section 53 of the Industrial Relations Code, and has it changed?
Its own text turns on section 62 (Prohibition of strikes and lock-outs), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When was Section 53 of the Industrial Relations Code enacted?
Section 53 of the Industrial Relations Code, cited as Industrial Relations Code 53, was enacted on 28 Sep 2020 as Act 35 of 2020. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions3327 words
- 99. Power of appropriate Government to make rules1827 words
- 86. Penalties1320 words
- 30. Preparation of draft standing orders by employer and procedure for certification942 words
- 78. Prohibition of lay-off858 words
- 79. Conditions precedent to retrenchment of workers to which Chapter X applies706 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.