Union Settlement

Dear All,
I am C.Bhaalaaji.
I would like to know the comparison of union settelment between12 (3) and 18 (1). Both r different sections but, the pros and cons.
Seniors please help me out.
Regards,
C.Bhaalaaji

Dear Bhaalaaji,

You are right in quoting Section 12 (3) and 18 (1) of the Industrial disputes Act,1947,which are available to the working class in case of disute with the employer.The following is the basic difference:-

(i) Under Section 12(3), a settlement of the dispute is arrived at in the course of the conciliation proceedings and the conciliation officer send his report to the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute.

(ii) Under Section 18(1), a settlement is arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding .

A settlement arrived under Section 12(3) is binding on (a) all the parties to the industrial dispute; (b) all other parties summoned to appear in the proceedings as parties to the dispute (c) the employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates; (d) all persons who were employed in the establishment at the time of the dispute and all persons who subsequently employed in that establishment, Whereas the settlement Under Section 18(1) is binding ONLY on the parties to the agreement.

BS Kalsi

Dear Mr. C. Bhaalaaji,
Section 12(3) under ID Act envisages the settlement of dispute between employer and workmen with the help of third party i.e. Conciliation Officer and known as Tripartite settlements. Both the parties, employer and workmen are bound with the conditions of such settlement. The Conciliation Officer required to submit the report of such settlement arrived at to the appropriate Govt. or the designated authority.
Section 18(1) of the ID act allows to settle the dispute between the employer and the workmen directly without third party intervention.
The pros and cons depend on the nature of dispute/s on case to case basis.
(R K Singh)

The relation between Union & Mgmt are coordial.
In this situation; both the parties has documented agreement on a piece of paper.
Is it mandatory to register with Labour Authorities of the district or simple information (with the copy of agreement) thru registered post is enoughr.
Pl guide.
TP

Thank you Mr.BS Kalsi, Mr.Madanagoplaswamy and Mr.R K Singh. From your views I could understand that the main difference is the intervention of a third party and the rest depends on case to basis.
Regards,
C.Bhaalaaji