wish u all a happy & proposerous new year, 2010 & Pongal.
pl let me know the difference between 12(3) agreement & 18(1) agreement as per I D Act, 1947. normally, whenever, we are entering agreement (wage negotiation) with our recognised union, the same is signing before asst.commissioner of labour, and mentioned as 12(3) agreemen. pl clarify whether it is 12(3) or 18(1) agreement?
Let us know what is Sec. 12 of I.D. Act:
Sec: 12: Duties of Conciliation Officer: 1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under Section 22 has been given shall, hold conciliation proceedings in the prescribed manner:
Now let us know what is 12 (3) It is an agreement know as TRIPATITE AGREEMENT ( PARTIES TO IT ARE : A) EMPLOYER OR HIS REPRESENTATIVE, B) WORKMEN OR UNION LEADERS, C) THE CONCILIATING OFFICER ( OF ASST. COMMISSIONER OF LABOUR OR ABOVE RANKE)
Sec. 12 (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 the 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.
Sec 12(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. Such Agreements stand as a binding to the Employer and its employees to the dispute.
Section 18 to I.D. Act: PERSONS ON WHOM SETTLEMENTS AND AWARDS ARE BINDING:
Sec: 18 (1) When ever a dispute arise between the employer and its workmen, they come to a settlement after mutual discussions with out any third party intervention and settle the disputes, arrive at by agreement between the employer and workman otherwise than in the course of conciliation proceedings shall be binding on the either parties to the agreement.
In an organisation there are three registerd unions. Three years agreement is to be signed. Two unions are redy to sign the agreement but one is not ready for this. What would be the procedure for this ? Whether this settlement would be done under 12(3) or 18 (1) of the ID Act.
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