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Abhishek   14 September 2024

Industrial dispute act

If any settlement is arrived between the union and manegement of an establishment for a particular service and transfer policy of workman and after some times manegement gives the notice of termination of that settlement and said that we will do transfer as per arbitration award which was passed in 1972 by all India industrial tribunal but in the matter of termination of settlement the supreme court established that the terms and conditions of the settlement for which a termination notice is served by a party to that settlement will be in force untill a new settlement on those terms and condition is not done between the parties to the settlement. so in this condition which one is prevail for transfer of a workman the award by a tribunal or the settlement between the union and the management.



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 September 2024

Yoou i your post hve mentioned that the supreme court has supreme court established that the terms and conditions of the settlement for which a termination notice is served by a party to that settlement will be in force untill a new settlement on those terms and condition is not done between the parties to the settlement, in that case the unilateral termination of the settlement by the management can be held as invalid and illegal.
Whatever the terms of the new settlement agreement is to be perused for rendering furhter opinions.

Abhishek   14 September 2024

Respected sir thanks for your valuable reply but the crux of my legal enquiry is that the question of law in this situation is that- whos provisions regarding transfer policy is prevail ,of the award which is awarded in the year 1972 or of the settlement which is arrived in 2013 for transfer of workman. Please enlighten me.


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