Dear Mr.Umakanth,
The management entered into a 18(1) settlement with recognised union with enjoys the status of majority workmen being heir members. The tenure of this settlement is 4 years ( from 2017 to 2020) The erstwhile long term settlement was signed under section 12(3) of ID act before JCLwherein two out of three unions were signatories whilst one union opted out .Let us call this Union X Union..The erstwhile settlement provides for extending an Ayudha Puja Gift worth Rs 150/ for the year 2013,Rs 200/ for the year 2014, Rs250/ for the year 2015 and Rs 300 for the year 2016 for the first,second, third and fourth year respectively.The X union now claims Ayudha Poojs gift alone for the period 2017 despite not being a signatory to 18(1) settlement .
The union claims this on the ground that the benefits of the erstwhile settlement continue to flow, despite the fact that the union has not signed and accepted the settlement signed under section 18(1) as referred to above.
Whilst we agree hat the benefits accruing out of erstwhile settlement shall continue to flow, yet we are of view that the one time gifts like Ayutha pooja gifts which are value specific and year specific as mentioned in the erstwhile settlement , need not be extend the Ayutha Pooja Gift to the workmen who owe allegiance to the signatory union ( namely X union) . Except Ayutha pooja gift , we don't deny any other benefits like as committed in the erstwhile settlement to the members of X union.
Kindly let us have your expert views.
Thanks & Regards
Senprithvib6
The management entered into a 18(1) settlement with recognised union with enjoys the status of majority workmen being heir members. The tenure of this settlement is 4 years ( from 2017 to 2020) The erstwhile long term settlement was signed under section 12(3) of ID act before JCLwherein two out of three unions were signatories whilst one union opted out .Let us call this Union X Union..The erstwhile settlement provides for extending an Ayudha Puja Gift worth Rs 150/ for the year 2013,Rs 200/ for the year 2014, Rs250/ for the year 2015 and Rs 300 for the year 2016 for the first,second, third and fourth year respectively.The X union now claims Ayudha Poojs gift alone for the period 2017 despite not being a signatory to 18(1) settlement .
The union claims this on the ground that the benefits of the erstwhile settlement continue to flow, despite the fact that the union has not signed and accepted the settlement signed under section 18(1) as referred to above.
Whilst we agree hat the benefits accruing out of erstwhile settlement shall continue to flow, yet we are of view that the one time gifts like Ayutha pooja gifts which are value specific and year specific as mentioned in the erstwhile settlement , need not be extend the Ayutha Pooja Gift to the workmen who owe allegiance to the signatory union ( namely X union) . Except Ayutha pooja gift , we don't deny any other benefits like as committed in the erstwhile settlement to the members of X union.
Kindly let us have your expert views.
Thanks & Regards
Senprithvib6