Union Settlement Coverage: Are Retirees Between Agreements Included?

Our previous settlement expired on 01.12.2013. We started union negotiations afterward and signed the long-term settlement on 01.09.2014, which became effective from 01.09.2014. Are retired employees during the period from 01.12.2013 to 31.08.2014 covered by this settlement? Are there any case laws in this regard?

You are the creator of the Long Term Settlement. You know better than anybody else the terms and conditions of the settlement. Whether the terms of the settlement are applicable to retired persons also depends upon what you have agreed upon in the settlement. Case law speaks on the interpretation of the law, and there is no law in this regard. Hope I have answered you.

Regards

Mr. Keshav has replied aptly. Since you were present during the settlement, you should be aware of the demands made, the negotiations that took place, and ultimately the terms of the settlement. You were the deciding factor in determining when the terms and conditions would be applicable.

Understanding Applicability of Settlement Terms

Under Section 12(3) and 18(3) of the ID Act-1947 and the State Rules as applicable, during negotiations with the Union(s), we come across various CODs or proposals given by both parties, which are subsequently agreed upon in bipartite and then tripartite agreements.

Just check the clauses in the memorandum of settlement to see if any clauses mention the applicability period. I have also recently signed an LTS where it is clearly stated that "The terms of the settlements are applicable only to workers who are under the payroll of the company as of the specified date, i.e., 00/00/0000."

Hope this brings clarity.

Regards,
P. Sabat

Effectiveness of the Long-Term Settlement (LTS)

The LTS, as you said, is effective from 1st September 2014. In the absence of any specific mention about the period from 1st December 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 the December-August period.

At the same time, if the LTS has effect from 1st December 2013, then the persons retired between this date and the date of signing the LTS will be eligible for the balance of gratuity and other benefits as per the new settlement.

Regards,
Madhu.T.K

Sir,

We want to take our first long-term settlement from 01.01.2017, but being the first union in our company, we didn't have much knowledge of LTS. Now, on 20.08.2019, we submitted our CHARTER OF DEMAND on LTS for a 10-year CPSE WAGE NEGOTIATION, which is to begin from 01.01.2017.

Now, my question is, can we get the LTD from 01.01.2017?

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 took 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?