iminal Appeal No 46 of 1957
Appeal by special leave from the judgment and order dated the February 4 1955 of the Bombay High Court in Criminal Appeal No 1256 of 1954 arising out of the judgment and order dated June 19 1954 of the Chief Presidency Magistrate Bombay in Case No 176S of 1953
Hardayal Hardy for the appellants
H J Umrigar and B H Dhebar for the respondent
April 21
The Judgment of the Court was delivered by KAPUR J
This is an appeal by special leave against the judgment and order of the High Court of Bombay reversing the judgment of the Chief Presidency Magistrate Bombay and thus convicting accused Nos 1  5 under section 311 read with section 331 of the XIV of 1947 hereinafter called the Act and sentencing accused No 1 to a fine of Rs 250 and accused No 5 to a fine of Rs 50 736 The appellants are the Andheri Marol Kurla Bus Service who was accused No 1 now appellant No 1 and its Manager H M Khan who was accused No 5 now appellant No 2
Some disputes arose between the appellant No 1 and its workmen
On December 13 1951 the Conciliation Officer wrote to the appellant No I and enclosed the demands of the Union which were dated August 9 1951
On December 31 1951 the appellant No I was asked to appear before the Conciliation Officer on January 9 1952 and after getting one adjournment the appellant No I appeared before the Conciliation Officer on January 17 1952 and filed its Written Statement and raised various objections
The next date of hearing was January 31 1952 and the proceedings went on till June 2 1952 when the appellant No 1 wrote to the Conciliation Officer saying that no useful purpose would be served by holding any further meetings
On May 9 1952 the Union had also indicated to the Conciliation Officer that the negotiations had failed
On March 18 1952 the appellant dismissed Louis Pereira a bus conductor and proceedings were taken on a complaint by Assistant Commissioner of Labour under section 33 read with section 31 of the Act against 5 accused persons the two appellants and the partners of appellant No 1
The Chief Presidency Magistrate acquitted all the accused including the appellants and held that as the conciliation proceedings had continued for a period of more than 14 days as from January 17 1952 further proceedings for conciliation were illegal and therefore the accused persons could not be convicted under section 311of the Act
The State took an appeal to the High Court and the judgment of acquittal was reversed and of the accused persons the two appellants were convicted and the others were acquitted
The two appellants have appealed by special leave
The question for decision is whether the conciliation proceedings could be said to be pending when Louis Pereira was dismissed
If the answer is in the affirmative then the appellants have been properly convicted and if not the conviction must be set aside
Section 311 makes the contravention of the provision 737 of section 33 of the Act an offence punishable with imprisonment for a period which may extend to six months or with fine or with both
Section 331 pro K vides section 331  During the pendency of any conciliation proceedings before a conciliation officer or a Board or of any proceeding before a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute no employer shall a in regard to any matter connected with the dispute alter to the prejudice of the workmen concerned in such dispute the conditions of service applicable to them immediately before the commencement of such proceedings or b for any misconduct connected with the dispute discharge or punish whether by dismissal or otherwise any workmen concerned in such dispute save with the express permission in writing of the authority before which the proceeding is pending 
Therefore the question reduces itself to the meaning of the words  pendency of any conciliation proceedings before a conciliation officer 
The argument raised on behalf of the appellant is that the object of conciliation is to get a settlement made with expedition and therefore under section 12 the Conciliation Officer was bound to make his report within 14 days of the commencement of the conciliation proceedings or within such shorter period fixed by the appropriate Government
From this it was submitted that as 14 days had expired before March 18 1952 the dismissal could not be said to be one within the words  pendency of conciliation proceedings 
The Act provides for commencement and conclusion of conciliation proceedings under section 20 but the first sub section of section 20 deals with what are called utility services and sub section 2 of that section provides as to when the conciliation proceedings conclude
That sub section is as follows section 201         2 A conciliation proceeding shall be deemed to have concluded 93 738 a where a settlement is arrived at when a memorandum of the settlement is signed by the par ties to the dispute b where no settlement is arrived at when the report of the conciliation officer is received by the appropriate Government or when the report of the Board is published under s 17 as the case may be or c when a reference is made to a Court Labour Court Tribunal or National Tribunal under section 10 during the pendency of conciliation proceedings 
The provisions of sub section 2 apply to all conciliation proceedings whether in regard to utility services or otherwise
All conciliation proceedings under this sub section shall be deemed to have concluded in the case where no settlement is reached when the report of the Conciliation Officer is received by the appropriate Government
The conciliation proceedings therefore do not end when the report under section 12 6 is made by the Conciliation Officer but when that report is received by the appropriate Government
It was contended that the conciliation proceedings should be held to terminate when the Conciliation Officer is required under section 126 of the Act to submit his report but the provisions of the Act above quoted do not support this contention as the termination of the conciliation proceedings is deemed to take place when the report is received by the appropriate Government
This is how section 202b was interpreted in Workers of the Industry Colliery Dhanbad vs Management of the Industry Colliery 1
It was next contended that on this interpretation the conciliation proceedings could be prolonged much beyond what was contemplated by the Act and the termination would depend upon how soon a report is received by the appropriate Government
It is true that section 126 of the Act contemplates the submission of the report by the Conciliation Officer within 14 days but that does not affect the pendency of the conciliation proceedings and if for some reason the Conciliation Officer delays the submission of his report his action 1  739 may be reprehensible but that will not affect the interpretation to be put on section 202b of the Act
Section 12 lays down the duties of the Conciliation_ officer
He is required to bring about settlement between the parties and must begin his investigation without delay and if no settlement is arrived at he is to submit his report to the appropriate Government
No doubt section 12 contemplates that the report should be made and the proceedings closed within a fortnight and if proceedings are not closed but are carried on as they were in the present case or if the Conciliation Officer does not make his report within 14 days he may be guilty of a breach of duty but in law the proceedings do not automatically come to an end after 14 days but only terminate as provided in section 202b of the Act
Colliery Mazdoor Congress Asansol vs New Beerbhoom Coal Co Ltd 1
As the conciliation proceedings were pending at the time when Louis Pereira was dismissed the appellants were rightly convicted under section 311 read with section 33 of the Act
The appeal is therefore dismissed
Appeal dismissed


Summary:
Conciliation proceedings were started in January
1952 with respect to some disputes between appellant 1 and its workmen
On May 9 1952 the Union and on June 2 1952 the appellant 1 indicated to the Conciliation Officer that the negotiations had failed
In the meantime on March I8 1952 the appellant 1 dismissed 1 ILR 1947 All
735 one of its workmen
The two appellants and three others were prosecuted under section 31 Of the  for a breach of section 33 for dismissing a workman during the pendency of the conciliation proceedings
The appellants contended that since section 126 required the report of the conciliation proceedings to be submitted within 14 days of the commencement thereof the proceedings had terminated on the expiry of the 14 days and the dismissal was therefore not during the pendency of the conciliation proceedings
Held that in cases where no settlement was arrived at the conciliation proceedings terminated when the report of the Conciliation Officer was received by the appropriate Government and not on the expiry of 14 days from the commencement of the proceedings
The commencement and termination of conciliation proceedings were determined by section 20 and not by section 126
The dismissal of the workman was during the pendency of the conciliation proceedings and the appellants were guilty under section 311 of the Act
Workers of the Industry Colliery Dhanbad vs Management Of the Industry Colliery   Colliery Mazdoor Congress Asansol vs New Beerbhoom Coal Co Ltd  applied