Dear Seniors,
Request your inputs.
1. Difference between 18(1) & 12(3) in detail?
2. How to convert 18(1) to 12(3) - Steps?
3. For what reasons we can go for interim injunction?
4. What is Arbitration agreement and how we use it?
5. If we terminate an employee without serving show cause notice, then what is the retrenchment benefits?
Thank you.
rgds,
Viswanathan K
From India
Request your inputs.
1. Difference between 18(1) & 12(3) in detail?
2. How to convert 18(1) to 12(3) - Steps?
3. For what reasons we can go for interim injunction?
4. What is Arbitration agreement and how we use it?
5. If we terminate an employee without serving show cause notice, then what is the retrenchment benefits?
Thank you.
rgds,
Viswanathan K
From India
Dear Viswanathan,
1) A settlement arrived at during the course of bilateral negotiation among the disputants and signed by both the parties u/s 18(1) of the ID Act,1947 would bind only the signatories to the settlement/agreement. On the contrary, a settlement signed u/s 12(3) of the Act would bind all the workmen and the management of the industrial establishment, present and future, during its currency or till the replacement of the same by another settlement for it is a product of conciliation/mediation by a Conciliation Officer under the Act.Therefore,relatively, settlements reached u/s 12(3) stand on a higher pedestal.
2) Conciliation under the ID Act,1947 being an administrative function exercised by the Conciliation Officer either on the apprehension or existence of an industrial dispute, he has to invite all the parties to the dispute or connected with the dispute irrespective of the extent of their representative character for conciliation and persuade them to reach an amicable and lawful resolution of the disputed issues. In the absence of consensus among the representatives/ unions of the workmen, he has to abide by the decision of the majority.Therefore, conversion of a settlement u/s18(1) to that of a settlement u/s 12(3) is a matter of discretion of the parties or of compulsion created by the dissension of any rival union/group of workmen of the establishment. If conversion is required, both the signatories to the bilateral agreement may make a formal request to the conciliation officer with the particulars of all the unions whether signatory to the agreement or not with a copy of the agreement.
3) This question is very vague as it does not indicate the respondent against whom injunction is sought for.
4) Kindly go through the provisions of Sec.10-A of the ID Act,1947.
5) This seems to be another vague question. What do you mean by " show cause notice"? One issued normally with all the imputations of the alleged misconduct at the very commencement of the disciplinary proceeding or the one generally called as "the second show cause notice" issued on the proposed punishment of termination at the penultimate stage ? In the fomer case, the retrenchment will be totally illegal and non est.
From India, Salem
60161) A settlement arrived at during the course of bilateral negotiation among the disputants and signed by both the parties u/s 18(1) of the ID Act,1947 would bind only the signatories to the settlement/agreement. On the contrary, a settlement signed u/s 12(3) of the Act would bind all the workmen and the management of the industrial establishment, present and future, during its currency or till the replacement of the same by another settlement for it is a product of conciliation/mediation by a Conciliation Officer under the Act.Therefore,relatively, settlements reached u/s 12(3) stand on a higher pedestal.
2) Conciliation under the ID Act,1947 being an administrative function exercised by the Conciliation Officer either on the apprehension or existence of an industrial dispute, he has to invite all the parties to the dispute or connected with the dispute irrespective of the extent of their representative character for conciliation and persuade them to reach an amicable and lawful resolution of the disputed issues. In the absence of consensus among the representatives/ unions of the workmen, he has to abide by the decision of the majority.Therefore, conversion of a settlement u/s18(1) to that of a settlement u/s 12(3) is a matter of discretion of the parties or of compulsion created by the dissension of any rival union/group of workmen of the establishment. If conversion is required, both the signatories to the bilateral agreement may make a formal request to the conciliation officer with the particulars of all the unions whether signatory to the agreement or not with a copy of the agreement.
3) This question is very vague as it does not indicate the respondent against whom injunction is sought for.
4) Kindly go through the provisions of Sec.10-A of the ID Act,1947.
5) This seems to be another vague question. What do you mean by " show cause notice"? One issued normally with all the imputations of the alleged misconduct at the very commencement of the disciplinary proceeding or the one generally called as "the second show cause notice" issued on the proposed punishment of termination at the penultimate stage ? In the fomer case, the retrenchment will be totally illegal and non est.
From India, Salem
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