Sections 60 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.
Section 60 fixes when conciliation, arbitration and Tribunal proceedings are deemed to begin and end. These dates matter most for strikes and lock-outs, because s.62 bars both during pendency and for a period after conclusion. Section 61 protects information given in confidence to a conciliation officer, arbitrator or Tribunal from appearing in a report or award.
A conciliation proceeding is deemed to commence on the date of the first meeting held by the conciliation officer after receiving a strike or lock-out notice (s.60(1)). It ends on signing of the memorandum of settlement, on failure being recorded, or on reference to the National Industrial Tribunal during pendency (s.60(2)). Tribunal and arbitration proceedings start on filing or reference and end when the award becomes enforceable (s.60(3)). Information given in confidence, on written request, must not appear in the report or award (s.61).
Section 60: when proceedings begin and end
| Proceeding | Deemed to commence | Deemed to conclude |
|---|---|---|
| Conciliation | Date of first meeting held by the conciliation officer in the dispute after receipt of notice of strike or lock-out (s.60(1)) | (a) Memorandum of settlement signed; (b) failure of conciliation recorded; or (c) reference made to the National Industrial Tribunal during pendency (s.60(2)) |
| Arbitration, Tribunal or National Industrial Tribunal | Date of filing application or appeal, or date of reference of the dispute for arbitration or adjudication (s.60(3)) | Date on which the award becomes enforceable (s.60(3)) |
Conciliation: s.60(1) and (2)
Section 60(1) ties commencement to the first meeting after the conciliation officer has received the notice. The notice of strike or lock-out is governed by section 62. Under the Central Rules, 2026 (G.S.R. 342(E), 8 May 2026), for Central-sphere matters, the officer enters the details on the designated portal, holds conciliation, and informs the parties of the sitting date (rule 23(1)(i)); rule 26(2) also treats the date the officer receives a lock-out notice as the date of receiving notice for rule 23(1)(a). Where the State Government is the appropriate Government, State rules apply.
Text worth noticing: s.60(1) speaks of the first meeting "after the receipt of the notice of strike or lock-out". It does not separately state the commencement date of conciliation that begins on an existing or apprehended dispute without a notice; for that case, the general scheme of s.53 applies (see sections 53 and 54), and the text does not fix a date in s.60. Read s.60(1) for what it says and take advice on other entry points.
Conclusion has three triggers: a signed memorandum of settlement; failure of conciliation recorded by the officer; or a reference to the National Industrial Tribunal during pendency of conciliation. A reference can end conciliation even without a settlement or a failure report.
Arbitration and adjudication: s.60(3)
Proceedings before an arbitrator, Tribunal or National Industrial Tribunal commence on "the date of filing application or appeal or on the date of reference of the dispute for arbitration or adjudication", and "shall be deemed to have concluded on the date on which the award becomes enforceable". The end date ties to the enforceability rule in s.55 (see section 55): thirty days after communication, unless a declaration is made.
Why the dates matter
Section 62 bars strikes and lock-outs during pendency of conciliation and for seven days after conclusion, and during pendency before a Tribunal or National Industrial Tribunal and for sixty days after conclusion. The dates in s.60 therefore decide when a strike or lock-out may lawfully begin. The s.53(5) report periods (forty-five days, or fourteen days after a s.62 notice) also run from commencement.
Example (invented). A union gives a strike notice. The conciliation officer holds the first meeting on a Tuesday; that is the commencement date. Talks fail and the officer records failure of conciliation on a later date; that is the conclusion. Under s.62(1)(d) the workers cannot strike until seven days after that date.
Section 61: confidential information
Section 61 says no information obtained by a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal in the course of any investigation or inquiry "as to a Trade Union or as to any individual business (whether carried on by a person, firm or company)" shall be included in any report or award, if two conditions hold:
- The information "is not available otherwise than through the evidence given before" the officer, arbitrator or Tribunal; and
- The trade union, person, firm or company has made a request in writing that it be treated as confidential.
The officer, arbitrator, presiding officer and "any person present at or concerned in the proceedings" also must not disclose it "without the consent in writing of the secretary of the Trade Union or the person, firm or company in question".
The proviso says the section does not apply to a disclosure for the purposes of a prosecution under section 193 of the Indian Penal Code. (From 1 July 2024 the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita; the Code's text quotes the old name and we give no new section number.)
| Element | Requirement |
|---|---|
| Who may ask | Trade union, person, firm or company concerned |
| How | A written request to the officer, arbitrator or Tribunal |
| Which information | Not available except through evidence before the forum |
| Effect | Excluded from report and award; no disclosure without written consent |
| Exception | Disclosure for prosecution under the IPC section named in the proviso |
In practice, an employer that hands over sensitive commercial information, for example cost data or customer contracts, should make the written request at the time, because the protection depends on it. A union concerned about member information should do the same. Our legal dispute resolution team can help you frame the request and keep the record clean.
Need help with conciliation?
Getting the dates right in conciliation protects both the right to strike or lock out and the right to a clean record. Our legal dispute resolution team can help you note commencement and conclusion and claim confidentiality where it applies.
Key takeaways
- Conciliation commences on the first meeting after the strike or lock-out notice is received (s.60(1)).
- It concludes on a signed settlement, recorded failure, or reference to the National Industrial Tribunal (s.60(2)).
- Arbitration and Tribunal proceedings commence on filing or reference and conclude when the award becomes enforceable (s.60(3)).
- Information given in evidence is excluded from reports and awards if a written confidentiality request is made (s.61).
- The disclosure bar covers officers, arbitrators, presiding officers and others concerned, unless written consent is given.
Read next
- Section 53-54: conciliation, adjudication and reference to the National Industrial Tribunal
- Section 62: prohibition of strikes and lock-outs
- Section 55: form of award and commencement
- Industrial disputes under the new labour codes
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.