Dear Seniors,
Request your inputs.
1. Difference between 18(1) & 12(3) in detail?
2. How to convert 18(1) to 12(3) - Steps?
3. For what reasons can we go for interim injunction?
4. What is an arbitration agreement and how do we use it?
5. If we terminate an employee without serving a show cause notice, what are the retrenchment benefits?
Thank you.
Regards,
Viswanathan K
From India
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Request your inputs.
1. Difference between 18(1) & 12(3) in detail?
2. How to convert 18(1) to 12(3) - Steps?
3. For what reasons can we go for interim injunction?
4. What is an arbitration agreement and how do we use it?
5. If we terminate an employee without serving a show cause notice, what are the retrenchment benefits?
Thank you.
Regards,
Viswanathan K
From India
Acknowledge(0)Amend(0)
A settlement reached during bilateral negotiations among disputants and signed by both parties under Section 18(1) of the ID Act, 1947, binds only the signatories to the settlement/agreement. On the contrary, a settlement signed under Section 12(3) of the Act binds all the workmen and the management of the industrial establishment, present and future, during its currency or until replaced by another settlement because it is a product of conciliation/mediation by a Conciliation Officer under the Act. Therefore, settlements reached under Section 12(3) stand on a higher pedestal relatively.
Conciliation Under the ID Act, 1947
Conciliation under the ID Act, 1947, being an administrative function exercised by the Conciliation Officer either on the apprehension or existence of an industrial dispute, requires him to invite all parties to the dispute or connected with the dispute, regardless of the extent of their representative character, for conciliation. He must persuade them to reach an amicable and lawful resolution of the disputed issues. In the absence of consensus among the representatives/unions of the workmen, the Conciliation Officer must abide by the decision of the majority. Therefore, the conversion of a settlement under Section 18(1) to that of a settlement under Section 12(3) is a matter of discretion of the parties or a compulsion created by the dissension of any rival union/group of workmen of the establishment. If conversion is required, both signatories to the bilateral agreement may make a formal request to the Conciliation Officer with the particulars of all unions, whether signatory to the agreement or not, along with a copy of the agreement.
This question is vague as it does not indicate the respondent against whom an injunction is sought.
Kindly review the provisions of Section 10-A of the ID Act, 1947.
This seems to be another vague question. What do you mean by "show cause notice"? Is it one issued with all the imputations of alleged misconduct at the beginning of the disciplinary proceeding, or the one generally called "the second show cause notice" issued at the proposed punishment stage of termination? In the former case, the retrenchment would be entirely illegal and non-existent.
Regards
From India, Salem
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6108Conciliation Under the ID Act, 1947
Conciliation under the ID Act, 1947, being an administrative function exercised by the Conciliation Officer either on the apprehension or existence of an industrial dispute, requires him to invite all parties to the dispute or connected with the dispute, regardless of the extent of their representative character, for conciliation. He must persuade them to reach an amicable and lawful resolution of the disputed issues. In the absence of consensus among the representatives/unions of the workmen, the Conciliation Officer must abide by the decision of the majority. Therefore, the conversion of a settlement under Section 18(1) to that of a settlement under Section 12(3) is a matter of discretion of the parties or a compulsion created by the dissension of any rival union/group of workmen of the establishment. If conversion is required, both signatories to the bilateral agreement may make a formal request to the Conciliation Officer with the particulars of all unions, whether signatory to the agreement or not, along with a copy of the agreement.
This question is vague as it does not indicate the respondent against whom an injunction is sought.
Kindly review the provisions of Section 10-A of the ID Act, 1947.
This seems to be another vague question. What do you mean by "show cause notice"? Is it one issued with all the imputations of alleged misconduct at the beginning of the disciplinary proceeding, or the one generally called "the second show cause notice" issued at the proposed punishment stage of termination? In the former case, the retrenchment would be entirely illegal and non-existent.
Regards
From India, Salem
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