charter of demand

Charter of demand is a collection of  demands which the employee through their union put before the management for improvement in their service condtions and wages. There is no provision in law for submitting such COD. It is only governed by the relationship of employer and employee and maintenance of peace for uninterrupted production. The employer could also place a counter charter of demand on the union and both parties through collective bargaining might arrive at a settlement binding on both the parties. In a bipartite settlement duration of the settlement can be fixed and during that period Union  can not put fresh demand on the employer. A settlement through conciliation before a conciliation officer is binding for one year only .

Notice of change of service conditions as stipulated in section 9A of the ID Act  is a mandatory requirment before an employer changes any service conditions of the employees immediately applicable to them. This is for employer only. Within 21 days of the notice if the employee  raise an industrial tribute and the same is taken into conciliation, the employer can not change the service conditions except with the permission in writing of the conciliation officer. Section 33 becomes applicable then.

Language of the section 9A is clear. You donot require any judgment on the issue. 

 If the management chooses to ignore the Charter of demands raised by the union, the next course of action available to the union is to raise an industrial dispute u/s 2(k) of the ID act. The matter will be taken up for conciliation. If conciliation fructifies a 12 (3) settlement will be entered into by the management and union duly countersigned by the conciliation officer. In case of failure of conciliation the appropriate government may refer the matter for adjudication before labour court / Industrial Tribunal. The Order of the LC/IT is final but subject to writ jurisdiction of the High Court.

Patrick Ryan