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rashmiramanath (n/a)     15 May 2009

Two party agreements as per Industrial dispute act

Dear learned counsellors

We have got a peculiar case here.one of our clients was terminated from his employment and after 18 months of streuggle/negotiations from his union and finally his employment was reinstated back.

The conditions for the reinstatement were:

The employee will not get his salary for the period of his period of termination of 18 months.

Two incriments shall be cut down from his wage rate from the time of his termination and it shall be the wage rate.

the employee shall not raise any dispute about this in any form at any courts etc.

Now, after joining back to duty, the employee got in touch with his senior experts and now he wants to re-negotiate the points of settlement.

Allthough he has agreed unknowingly while joining four months before, now after caliculations he has found a high difference with present wage rate of his associates to his one.

My question is that is it admissable under law to put a case in labor court against the settle ment of two party as per ID act.

if so, within how many days/months the question should be raised before LC.

please clarify and guide4 me in this case

Thanks and best rtegards in advance

Rashmi ramanath



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 May 2009

In my opinion employee will not get success if he files case in the Labour Court, because he has given written consent for the conditions imposed by the employer at the time reinstate him.


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