Dear Abinav,
To start with let me make you clear that settlement under 12 (3) of the Industrial Disputes Act, 1947 is a tripartite settlement, which is signed by the parties in presence of a Conciliation Officer. On the other hand, a settlement under 18(1) of the Act is signed by the parties otherwise than in the course of conciliation proceeding. These settlements shall be binding on the parties for the period as agreed upon and if no such period is agreed upon, it shall be binding for a period of six months from the date it is signed. It shall be continue to be binding till one of the parties, representing majority of the workmen, gives a notice in writing of its intention to terminate the settlement.
A tripartite settlement signed during the conciliation proceeding shall be binding on the (i) parties to the dispute (ii) parties summoned during the proceedings (iii) an employer, his heir, successor or assignee and (iv) all the present employees or who are subsqently employed.
There is no link between to settlement and disciplinary action against union official or a workman. Disciplinary actions against workmen are normally dealt under certified
standing orders under the Industrial Employment (Standing Orders) Act,1946 if Act is applicable to the establishment and same has been certified by the Certifying Officer. Till the time the standing orders are certified, the model standing orders as envisaged under the Act shall apply to the establishment.
BS Kalsi
Member since August,2011