Industrial Relations Act, 2012 — section 39

39. Commencement and conclusion of proceedings..—(1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out is received by the Conciliator under sub-section (3) of Section 35.

(2)A conciliation proceeding shall be deemed to have concluded:

(a)where a settlement is arrived at, on the date on which a memorandum of settlement is signed by the parties to the dispute; and

(b)where no settlement is arrived at

(i)if the dispute is referred to an arbitrator under Section 40 on the date on which the arbitrator has given his award or otherwise; or

(ii)on the date on which the period of the notice of strike or lock-out expires.

(3)Proceedings before the Commission shall be deemed to have commenced

(a)in relation to an industrial dispute, on the date on which an application has been made under Section 42 or Section 60, or on the date on which it is referred to the Commission by the Federal Government under Section 42 or Section 45; and

(b)in relation to any other matter, on the date on which it is referred to the Commission.

(4)Proceedings before the Commission in relation to a dispute referred to it under Section 42 or Section 45 or to a dispute raised under sub-section (2) Section 34, shall be deemed to have commenced on the date on which the reference is made to it or, as the case may be, the dispute is raised before it.

(5)Proceedings before the Commission shall be deemed to have concluded on the date on which the decision is delivered under sub-section (5) of Section 42.