Dear Seniors,
In our concern, Union raised ID before the labour tribunal during the year 2015 for wage settlement. Now we have arrived an amicable settlement. For withdrawal of the causes, union had 23 members during the year 2015. Then one employee terminated by employer. Now the union members have 22 nos. Settlement covered to 22 employees. But applicable to 23 or 22? We want to pay the arrears to the terminated employee or not?
M.ARUL 9381747603

From India, Chennai
Labour Law & Hr Consultant
Administration & Liaisoning Head
Manager - Labour&ir
Nagarkar Vinayak L
Hr And Employee Relations Consultant

Labour Law Index

If in the court case, all employee's were listed as prospective payee's then you have to pay. As he is entitled to the same. If they filled a case as a union and in their pleading no specific numbers were listed and that employee has left the union also, then you can get a NOC from the union and not pay him anything. See more in website below
From India, Kolkata

First of all, there is nothing to take much worries of you have terminated the employee with valid reasons and after following the procedure and conditions of employment.
Second, you can go for the "Settlement decision" and pay the applicable amount to that terminated employee for what he deserves if still have not paid else no need to pay extra. Also need to have an acknowledgement of UNION in this regard by referring the "Employment Termination of that employee" which will be a NOC for you to go ahead peacefully.
Lastly, you must have intimated to tribunal with the details of Termination and an acknowledgement /agreement of Union in this regard timely if the said employee was terminated during the aforesaid period. Anyway complete the documentation with the correct settlements for terminated employees.

From India, Gurgaon

Thanks for enlightening knowledge through sharing. Thanks for everything. Have you any model of NOC to received from the union?
From India, Chennai
Nagarkar Vinayak L

It is not clear whether you signed the wage settlement outside the court.However check the applicability clause of the settlement. Usually it applies to all workmen on the rolls of the co on the date of signing. If terminated workman was on roll on this date then he is entitled to all benefits of the settlement otherwise not.
From India, Mumbai

Dear Arul,
Some important particulars are missing in your original post.
1)When the matter is subjudice, whether the settlement arrived at was on the same issues and with the same union?
2)Whether was there the necessity of obtaining prior permission or approval from the tribunal in the matter of termination of the particular employee and if so, whether you complied with the provisions of Sec.33 of the Industrial Disputes Act,1947?
3)Whether the effect of the settlement is retrospective or prospective?
4) Whether the settlement is a formal one under se.18(1) of the I.D Act,1947?
5)Whether it contains a special or specific clause for the withdrawal of all other demands not covered therein by the union?

From India, Salem

Dear All, Thanks for your timely help to complete my work. Yesterday we have successfully 12(3) & (18(1) settlement reached with union. Thanks for all to every one.
From India, Chennai

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