Can We Sign a Tripartite Agreement with Contract Workers in West Bengal?

Dear Mr. Seniors, I need a suggestion on the contract labor workmen union agreement for a manufacturing industry located in West Bengal, Kolkata. During LTS discussions, contractor workmen are demanding to sign the tripartite agreement with the principal employer and contractor as parties in the presence of a conciliation officer (Labor Directorate). Is this possible in terms of the Industrial Disputes Act or West Bengal Industrial Disputes Rules? Please suggest.

Signing a wage and service settlement with workers of the contractor will make the contract sham. Therefore, you should not have proceeded with such a tripartite settlement. A tripartite settlement (a settlement under section 12(3) of the ID Act in the presence of a conciliation officer) will make the principal employer responsible for accepting them as his own employees in the future. It should have been signed by the Contractor and the Union in the presence of the Conciliation Officer. You should never be part of the settlement in records.

If circumstances warrant and there is no other option except to sign the settlement, you can sign the settlement as per the provisions of Section 30(2) of the Contract Labour Act, which has a solution to your problem.

Regards,
Dr. Kamlesh Agrawal
Mumbai

Hi Arindam,

Regarding the contract labor workmen union agreement for a manufacturing industry in West Bengal, Kolkata. In response to your question about the possibility of signing off the tripartite agreement with the presence of a conciliation officer as per the ID Act or WB ID Rules, it is important to carefully review the specific provisions of both the ID Act and the WB ID Rules to determine the feasibility of such an arrangement. Additionally, consulting legal experts or relevant authorities in this matter would provide valuable insights and guidance.

Best regards,