Madhu.T.K
Industrial Relations And Labour Laws
[email protected]
Finance Manager
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
+2 Others

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Our previous settlement expired on 01.12.2013 We started union negotiation afterward and signed the long term settlement on 01.09.2014 and it became effective from 01.09.2014. Whether the settlement is applicable to employees retired during the period from 01.12.2013 to 31.08.2014? Is there any case laws in this regard?
From India, Sambalpur
Dear Jkpmpratap,
You are the creator of Long Term Settlement. You know better than any body else the terms and conditions of the settlement. Whether the terms of settlement are applicable to retire persons also, it's all depends upon what you have agreed upon in the settlement. Case Law speaks on interpretation of law and there is no law in this regard.
Hope I have answered you.

From India, Mumbai
Mr. Keshav has replied aptly, since you were in the settlement, you should be knowing the demands made and what were the negotiations made and lastly the settlement made, you were the deciding factor from when should the terms & conditions applicable.
From India, Ahmadabad
This under section 12 (3) & 18 (3) of ID Act-1947 and the State Rules as applicable.
During the negotiations with Union (s) we come across various CODs or proposals given by both the party and subsequently agreed upon bipartite and then tripartite. Just check your clauses in the memorandum of settlement whether any clauses have been mention about the applicability period. I have also signed recently one LTS, where it has been clearly mention that \"The terms of the settlements are applicable only to the workers who are under the payroll of the company as on date i.e. 00/00/0000.
Hope this will give you a clarity.
Regards\'
P.Sabat

From India, Bangalore
The LTS, as you said, is effective from 1st September 2014. In the absence of any specific mention about the period from 1st Dec 2013 to 31st August 2014, the existing settlement provisions would be applicable for that period. Therefore, the new settlement will not be binding on those who retired during Dec- Aug period. At the same time, if the LTS has effect from 1st Dec 2013, then the persons retired in between this date and the date of signing the LTS will be eligible to balance of gratuity and other benefits as per the new settlement.
Madhu.T.K

From India, Kannur
Sir,
We want to take our first long term settlement from 01.01.2017. but being an first union in our company we didn't have much knowledge on LTS. Now 20.08.2019 we submitted our CHARTER OF DEMAND on LTS
for 10 year as CPSE WAGE NEGOTIATION .which is to be begin from 01.01.2017.
Now my question can we get the LTD FROM 01.01.2017.

From India
Long Term Settlement for 10 years? Are you representing the Union or employer?
The LTS can be made effective from any previous date because the date of effect of the settlement is also a demand to be negotiated and settled between the union and the employer. If the wage revision taken place last time has expired on 31st Dec 2016, you can make the new one effective from 1st Jan 2017.
What is CPSE WAGE NEGOTIATION?

From India, Kannur
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