Rule 23 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 23 tells a Central conciliation officer what to do when a strike or lock-out notice arrives, when an application about an industrial dispute comes in, or when a dispute is apprehended. It covers the first meeting, the affidavit rule, the report within seven days of failure and the ninety-day window for an application to the Tribunal on Form II.
On receiving a strike or lock-out notice (rule 25 or 26), an application on an existing dispute, or information about an apprehended dispute, the conciliation officer enters the details on the designated portal and proceeds: holds conciliation and informs parties of the sitting date, transfers State-jurisdiction matters, or issues a fresh notice of intention to start. Parties file statements at the first meeting; evidence other than documents is by affidavit. If there is no settlement, the officer uploads a report within seven days of concluding. A party may apply on Form II to the Tribunal within ninety days from the report. Central-sphere only.
How rule 23 relates to section 53
Section 53 of the Industrial Relations Code, 2020 requires the conciliation officer to hold proceedings where a dispute exists or is apprehended or a section 62 notice has been given, in the prescribed manner; proceedings cannot be held after two years from the date the dispute arose. The officer must investigate without delay, try to bring about a settlement, send a settlement report with a memorandum signed by the parties, or, failing settlement, a full report. The report is due within forty-five days of commencement of proceedings, or within fourteen days where the officer received a section 62 notice, with extension by written agreement subject to the officer's approval. Any concerned party may apply in the prescribed form to the Tribunal within ninety days from receipt of the report. See sections 53 and 54 and sections 60 and 61.
Rule 23 works within these limits. If you are heading into conciliation, our legal dispute resolution team can prepare the statement, affidavits and settlement terms.
What the officer does, by trigger
| Trigger (rule 23(1)) | Officer's action |
|---|---|
| (a) Notice of strike or lock-out under rule 25 or 26 | Enter details on the designated portal, hold conciliation and inform the parties of the sitting date |
| (b) Application on an existing industrial dispute | Enter details on the portal, examine the application; if the dispute is within State Government jurisdiction, transfer it to the concerned authority; otherwise proceed and hold conciliation |
| (c) Information about apprehension of an industrial dispute | Enter details on the portal and issue a fresh notice to the parties, declaring intention to commence conciliation |
Step by step after the trigger
| Step | Rule | What happens |
|---|---|---|
| First meeting | 23(2) | The employer's and worker's representatives, on receiving notice, submit their statements on the dispute at the first meeting |
| Fact-finding | 23(3) | The officer ascertains facts without delay, enquires into merits and right settlement, and may do all things thought fit to induce a fair and amicable settlement |
| Evidence | 23(7) | All evidence before the officer, except documents, is filed as an affidavit; applications, replies and rejoinders also by affidavit |
| No settlement | 23(4) | Within seven days from the date the proceedings conclude, the officer uploads a report on the Ministry's designated portal and forwards a copy electronically, by speed post or in person to the parties and to the Central Government |
| Access | 23(5) | The Ministry makes the report accessible to parties on the portal |
| Settlement | 23(6) | The officer submits a report with a memorandum of settlement signed by the parties to the Central Government or authorised officer, and uploads both on the portal |
| Report contents | 23(8) | Submissions of the employer, worker or union; the officer's efforts; reasons for refusal to resolve; the officer's conclusion |
| Tribunal | 23(9) | Unsettled dispute: the party may apply in Form II before the Tribunal, electronically, by speed post, or by speed post with value-added services (registration) or proof of delivery, within ninety days from the date of the report under sub-rule (5) |
Points that need care
Timeline. The report is uploaded within seven days of conclusion (rule 23(4)). The Code's own report deadline runs from commencement of proceedings (s.53(5)). They measure different things and both can apply. When proceedings are taken to have commenced and concluded is set out in section 60, covered in sections 60 and 61.
Ninety days. Section 53(6) counts ninety days from the date the concerned party receives the report; rule 23(9) counts from the date of the report "under sub-rule (5)", the report made accessible on the portal. Because the two wordings differ, diarise the earlier date and file early.
Form II. Form II is headed to be used under rule 9(8) and rule 23(9). It is the form for the application to the Tribunal. See forms 1 and 2.
Jurisdiction. Rule 23(1)(b) expressly provides for transfer where the dispute belongs to the State Government. That matches the rule that the Central Rules apply to Central-sphere establishments.
Strike and lock-out restrictions. Under section 62, strikes and lock-outs are barred during conciliation and for seven days after it ends. See section 62.
Example. Workers of a Central-sphere establishment give a strike notice under rule 25. The conciliation officer enters it on the portal, fixes a first sitting and informs both sides. At the first meeting each side files its statement; evidence comes by affidavit. After several sittings no settlement is reached and proceedings conclude on 1 March. By 8 March the officer uploads the report on the portal and sends copies to the parties and the Central Government. The union wishes to go to the Tribunal and files Form II electronically, well inside the ninety-day period counted from the report.
Practical tips
- Prepare your statement before the first meeting.
- Convert oral evidence into affidavits early.
- Keep copies of everything uploaded or sent.
- Watch the portal for the report.
- Diarise the ninety days from the earlier date.
Need help in conciliation?
Conciliation is where many disputes are settled or set up for the Tribunal, and a weak statement or missing affidavit can hurt later. Our legal dispute resolution team can represent you, prepare the statement and affidavits and plan the next step if conciliation fails.
Key takeaways
- Three triggers: strike or lock-out notice, application on an existing dispute, information about an apprehended dispute.
- Details go on the designated portal; the parties file statements at the first meeting.
- Evidence other than documents is by affidavit.
- The failure report is uploaded within seven days of conclusion and shared on the portal.
- Form II to the Tribunal within ninety days; watch the different starting points in the Code and the rule.
Read next
- Sections 53 and 54: conciliation, adjudication and reference
- Sections 60 and 61: timing and confidential information
- Rules 25 and 26: notice of strike and lock-out
- Forms I and II
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.