Please Clarify the following:
If a Settlement is reached between the two parties under Section 18(3) of the ID Act, 1947, will the settlement by itself serve as a document for implementation of the settlement? Example : Revision of incentive to labourers, enhancement of percentage of bonus payable etc.,
thank you
From India, Madras
If a Settlement is reached between the two parties under Section 18(3) of the ID Act, 1947, will the settlement by itself serve as a document for implementation of the settlement? Example : Revision of incentive to labourers, enhancement of percentage of bonus payable etc.,
thank you
From India, Madras
Hello
Section 12 of ID Act describes the duties of Conciliation Officer. 12(3) specifically talk about a settlement reached in the course of Conciliation proceedings So a settlement reached before conciliation officer is generally referred to as 12(3) settlement Pl see relevant section
Section 18 is all about applicability of the settlements and awards. Section 18(1) talks about applicability of the settlement between two parties.So a settlement reached between two parties without intervention is referred to as 18(1) settlement Please see relevant section below
Section 18(3) is about applicability of the settlement arrived at before the conciliation officer and awards. These settlements are applicable to all
I presume when you said a settlement arrived at 18(3) you meant before the conciliation officer. it is referred to as 12(3) settlement. This settlement will be applicable to all workmen ...present and future
Siva
From India, Chennai
367Section 12 of ID Act describes the duties of Conciliation Officer. 12(3) specifically talk about a settlement reached in the course of Conciliation proceedings So a settlement reached before conciliation officer is generally referred to as 12(3) settlement Pl see relevant section
Section 18 is all about applicability of the settlements and awards. Section 18(1) talks about applicability of the settlement between two parties.So a settlement reached between two parties without intervention is referred to as 18(1) settlement Please see relevant section below
Section 18(3) is about applicability of the settlement arrived at before the conciliation officer and awards. These settlements are applicable to all
I presume when you said a settlement arrived at 18(3) you meant before the conciliation officer. it is referred to as 12(3) settlement. This settlement will be applicable to all workmen ...present and future
Siva
From India, Chennai
Hi Sorry I did not add reply to your specific query The document namely the settlement is enough to implement. Whatelse you need? If you do not implement, it will be a breach of agreement Siva
From India, Chennai
From India, Chennai
As far as possible settlement should be in form H and a copy of the same should be sent to the respective Govt. Secretary (Labour Dept.). Otherwise the settlement will not be valid one.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Madhu
If it is a settlement under sec 18(1) a copies will have to be marked as under
1. Conciliation Officer (Invariably Local Labour Officer)
2. Coommissioner of Labour
3. Secretary Labour Department
Incidentally, a settlement under 18(1) in Uttar Pradesh needs to be registered before the conciliation officer in person. I do not know in how many states, such a provision is there.
Siva
From India, Chennai
If it is a settlement under sec 18(1) a copies will have to be marked as under
1. Conciliation Officer (Invariably Local Labour Officer)
2. Coommissioner of Labour
3. Secretary Labour Department
Incidentally, a settlement under 18(1) in Uttar Pradesh needs to be registered before the conciliation officer in person. I do not know in how many states, such a provision is there.
Siva
From India, Chennai
sir,
My query is in this regard that our estabalishment was make a settlement under section 18(1) and obtain signature of all beneficiries workmen on dated 01-11-2008. but today the group of workment raised a general demand note in labour officer's office. our agreement valid up to 2011. I WANT TO KNOW ABOUT THE LEGAL PROVISION OF THE SETTLEMENT.
1. CAN THE WORKMEN CHALLEMGE THE SETTLEMENT?
PLEASE REPLY ME ON
.
From India, Gurgaon
My query is in this regard that our estabalishment was make a settlement under section 18(1) and obtain signature of all beneficiries workmen on dated 01-11-2008. but today the group of workment raised a general demand note in labour officer's office. our agreement valid up to 2011. I WANT TO KNOW ABOUT THE LEGAL PROVISION OF THE SETTLEMENT.
1. CAN THE WORKMEN CHALLEMGE THE SETTLEMENT?
PLEASE REPLY ME ON
From India, Gurgaon
Dear Sir,
we have an undertaking in U.P. and wish to close the same as we are merging our two units, it will be greatful if u can please specify the procedures under Uttar Pradesh I.D. Act and also the required forms related to permission of Closure and Notice for Closure.
Regds
Vishal.
From India, Delhi
we have an undertaking in U.P. and wish to close the same as we are merging our two units, it will be greatful if u can please specify the procedures under Uttar Pradesh I.D. Act and also the required forms related to permission of Closure and Notice for Closure.
Regds
Vishal.
From India, Delhi
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Industrial Disputes Amendment Act 2010.doc
Industrial Disputes Act 1947.pdf