Understanding Section 18(3) of the ID Act, 1947: Does a Settlement Document Ensure Implementation?

Please clarify the following: If a settlement is reached between the two parties under Section 18(3) of the ID Act, 1947, will the settlement by itself serve as a document for the implementation of the settlement? For example: revision of incentives to laborers, enhancement of the percentage of bonus payable, etc.

Thank you

Hello,

Section 12 of the ID Act describes the duties of the Conciliation Officer. Section 12(3) specifically talks about a settlement reached in the course of Conciliation proceedings. So, a settlement reached before the Conciliation Officer is generally referred to as a 12(3) settlement. Please see the relevant section below:

Section 18 is all about the applicability of settlements and awards. Section 18(1) talks about the applicability of the settlement between two parties. So, a settlement reached between two parties without intervention is referred to as an 18(1) settlement. Please see the relevant section below:

Section 18(3) is about the applicability of the settlement arrived at before the Conciliation Officer and awards. These settlements are applicable to all:

I presume when you said a settlement arrived at 18(3), you meant before the Conciliation Officer. It is referred to as a 12(3) settlement. This settlement will be applicable to all workmen, present and future.

Siva

Hi,

Sorry, I did not reply to your specific query. The document, namely the settlement, is enough to implement. What else do you need? If you do not implement it, it will be a breach of the agreement.

Siva

As far as possible, settlement should be in the form of "H," and a copy of the same should be sent to the respective Government Secretary (Labour Dept.). Otherwise, the settlement will not be valid.

Regards,

Madhu.T.K

Madhu,

If it is a settlement under sec 18(1), copies will have to be marked as follows:

1. Conciliation Officer (Invariably Local Labour Officer)
2. Commissioner of Labour
3. Secretary Labour Department

Incidentally, a settlement under 18(1) in Uttar Pradesh needs to be registered before the conciliation officer in person. I do not know in how many states such a provision exists.

Siva

Sir,

My query is in this regard: Our establishment made a settlement under section 18(1) and obtained the signatures of all beneficiary workers on 01-11-2008. Today, a group of workers has raised a general demand note at the labor officer's office. Our agreement is valid until 2011. I WANT TO KNOW ABOUT THE LEGAL PROVISIONS OF THE SETTLEMENT.

1. Can the workers challenge the settlement?

PLEASE REPLY TO ME AT hr_grg@agindus.com.

Dear Sir, we have an undertaking in U.P. and wish to close the same as we are merging our two units. It would be grateful if you could please specify the procedures under the Uttar Pradesh I.D. Act and also the required forms related to permission of Closure and Notice for Closure.

Regards,
Vishal
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