How Should Management Handle Expired Union Agreements While Negotiations Stall?

Sanjib D Lahkar
Dear Friends,

I would like your views on the following: The management of a factory entered into a 3-year settlement (2004-2007) with the union on wages/salary and other terms. The settlement was due to expire on 30th June 2007. Prior to the expiry of the agreement, the union sought discussion on the new terms and submitted their Charter of Demand. No settlement could be reached even after two years of the expiry of the previous settlement (2004-2007). In the meantime, the workmen have continued to enjoy the terms of the earlier settlement, and all other terms have continued to apply.

Now the management wants to take recourse to a notice and terminate the 2004-2007 settlement in respect of matters such as leave terms, etc., while the salary/wage would continue to be the same.

I would be grateful to have the legal views of members on the above.

Thanks and regards,
Sanjib.
abraham001.94@gmail.com
The old settlement would continue to be in force until it is substituted by a new settlement. Read judgment - LIC of India V. D.J. Bahadur for a clear idea.

https://indiankanoon.org/doc/791872/
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