Umakanthan53
Labour Law & Hr Consultant
+2 Others

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear Friends,
Our Union worker demanding to provide Wage Settlement agreement benefits to retired workers who retired during agreement period. (AGREEMENT DUE ON 01.10.2014 AND SIGNED/EFFECTIVE FROM 01.10.15) ,Share your view on this issue.

Dear Rupesh,
Section 19(1) of the Industrial Disputes Act,1947, while dealing with the aspect of operations of settlements and awards, reads as follows:
" A settlement shall come into operation on such date as is agreed upon by the parties to the dispute and if no date is agreed upon, on the date on which the memorandum of settlement is signed by the parties to the dispute".
So, legally, any workman retiring from service on superannuation before the date of signing of the settlement can not stake any claim for its benefits when its operation is prospective.
One can argue that had the delay in between the date of expiry of the previous settlement and the date of signing of the fresh settlement been avoided, those workmen leaving their service in the intervening period by the operation of the clause of superannuation would have been benefitted. But it would be untenable in the face of the mention of a specific date of prospective operation in the fresh settlement.

True, it all depends up on what date was agreed upon in the settlement for it to become enforceable.If it is with retrospective effect (which happens when there is delay in entering a fresh settlement after the expiry of the previous settlement) and some employees retired during this period, they can have a claim to the benefits of the new settlement.
B.Saikumar

Although the signed agreement stands that the benefits agreed wont be applicable to the employees who are retired during the Gap period/uncovered period, however the point of Gap period of employees would have been discussed during negotiation.
Transperency during settlements will enhance trust on both ends, one shall not take advantage of others weakness as it may lead "disaster" in a longer run.
sarisri

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™