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NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
Usha Dcruz
Hr Manager
+2 Others

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Sir, Kindly provide me an Industrial Dispute Act form 12(3) Regards Usha
Dear Ms. Usha Dcruz,
12(3) of ID Act:-- Section 12 as a whole tells about the Duties of Conciliation Officers.
12(3) - under this section if an agreement is arrived between union and management it should be signed in front of the conciliation officer of the Labour Department. After the settlement is arrived it can not be changed by any other union or any other management which comes to power during the agreement period. Hence it is safe for the Management for one reason that the agreement will be stable and constant for the period of settlement.
Under 18/1, we can send one copy of the settlement to the conciliation officer that will do. However the new management or new union is formed in between the agreement period, it will be liable for amedment when called for.
under 18/2, an arbitration arrived become binding on the parties of the agreement.
A settlement arrived shall be in form H as per the rule 58 of ID Act arrived at a conciliation under 12(3).

Dear Usha ji,
To add to what our Senior Member / Super Moderator Madam Sharmila ji said, basically the settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings under sectin 12(3) is a tripartite agreement between employer, workmen and the conciliation officer. You need to draft the document accordingly. There is no form 12(3).

Hello Usha
There is a form in which the conciliation settlment shall be arrived at. It is Form 'H' as provided under Central Rule(58). If your organisation falls under State sphere of control, please see the relevant rule and form under Delhi Stae rules. If you rae covered by Centarl rules, the settlement can be in teh above format.
B.Saikumar
Mumbai

Usha
Before talking about the form, please go through the act.. Everything is available in internet. Search for the same.. There is a Wikipedia link also available.here: The Industrial Disputes Act, 1947 - Wikipedia, the free encyclopedia Read the Act thoroughly, understand and then think about the forms etc etc
Best wishes

Dear Usha

I understand you need the format to enter into a "settlement" . As mentioned by other rmembers irrespective of wether the settlement has been entered in course of the conciliaiton by intervention of conciliaiton officer or it is merely between the employer and employee you need to follow the procedure "prescribed".

Generally the procedure is prescribed in "state rules". I understand in your case "Central Rules' is applicable which is as under:

58. Memorandum of settlement

(1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in Form H.

(2) The settlement shall be signed by -

(a) in the case of an employer, by the employer himself, or by his authorised agent, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the corporation;

(b) in the case of the workmen, by any officer of a trade union of the workmen or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;

(c) in the case of the workman in an industrial dispute under section 2A of the Act, by the workman concerned.

Explanation: In this rule officer means any of the following officers, namely:

(a) the President;

(b) the Vice-President;

(c) the Secretary (including the General Secretary)

(d) a Joint-Secretary;

(e) any other officer of the trade union authorised in this behalf by the President and Secretary of the union.

(3) Where a settlement is arrived at in the course of conciliation proceeding the Conciliation Officer shall send a report thereof to the Central Government together with a copy of the memorandum of settlement signed by the parties to the dispute.

(4) Where a settlement is arrived at between an employer and his workmen otherwise than in the course of conciliation proceeding before a Board or a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof to the Central Government, the Chief Labour Commissioner (Central), New Delhi, and the Regional Labour Commissioner (Central) and to the Assistant Labour Commissioner (Central) concerned.

Regards

Shailesh Parikh

Vadodara, Gujarat

99 98 97 10 65


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File Type: doc Form h SETTLEMENT cENTRAL rULE.doc (44.5 KB, 904 views)

Hello everybody,
I appreciate the views and contents given by senior members on ID Act 1947. It is very useful not only to Ms. Usha but also to everybody going through the above contents.
Once again thanks to everybody contributing to this site.

Qtn. No.1
If one Organisation have contractors and employees working through that particular contractor can form a union.
Qtn. No.2
If answer is "Yes" for Qtn. No.1 and Contractor employees form a union, does principal employer have any liability / risk while elections and wage settlements happen between Contractor and their union.

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