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Nidhi vora (Service)     30 October 2009

Settlement issue

Dear Friends,

we have a internal union ,we have signed agreement with them on general demand for 3 years.

one issue is pending before ACL raised by union and which is covered under settlement.can ACL admit the issue  ,on failure which is covered by settlement. 

My query is that issue is covered by settlement ,that can be issue if the discussion fail before ACL.

Nidhi

 

 



Learning

 3 Replies

Nidhi vora (Service)     30 October 2009

I Want to know whther

1)whether ACL can make the reference for disputed issue covered by settlement.

2) Can union file seperate complaint for the issue(covered by settlement ) not settled before ACL.

 

Nidhi

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 November 2009

Once issue has already been settled and has become a part of settlement signed for three years, Deputy labour Commissioner has got no authority to disturb the same on the complaint of union nor can union raise any demand against that issue otherwise rule of law cannot persist.

Ashish Ovalekar (Manager Legal & Compliance)     02 November 2009

Dear Nidhi,

As per the provisions of the Industrial Disputes Act, a settlement between the Employer and the Union is binding upon the employer and the employee who are the members of the said Union.

Secondly i am surprised, that when the issue was pending before the ALC, why dis the Union do in for a bilateral Settlement, when easily the isue could have been signed triparted, i.e., ALC, Employer Company and the Union.

Since now the Issue pending before the ALC has been settled, he would in normal course, would closed the conciliation as settled between the parties.

But if he was not made aware of such a settlement, he could refer the dispute for adjudication. But beware, that such dispute so referred suffers from serious anomalies and can go against the Union, as well as the Employers for failing to bring this to the notice of the Conciliation Oficer.

Ashish


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