Sir, Kindly provide me an Industrial Dispute Act form 12(3) Regards Usha
From India, New Delhi
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4From India, New Delhi
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Dear Ms. Usha Dcruz,
Section 12 of the ID Act outlines the Duties of Conciliation Officers. Specifically, under 12(3), if an agreement is reached between the union and management, it must be signed in the presence of the conciliation officer of the Labour Department. Once a settlement is reached, it cannot be altered by any other union or management that may assume power during the agreement period. This provides stability and consistency to the agreement, thus benefiting the management.
Regarding 18/1, sending a copy of the settlement to the conciliation officer suffices. However, if a new management or union is established during the agreement period, amendments may be required as necessary.
Under 18/2, any arbitration settlement reached becomes binding on the parties involved in the agreement. A settlement reached must be in the form of Form H as per Rule 58 of the ID Act following conciliation under 12(3).
Thank you.
Best regards,
[Your Name]
From India, Visakhapatnam
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Section 12 of the ID Act outlines the Duties of Conciliation Officers. Specifically, under 12(3), if an agreement is reached between the union and management, it must be signed in the presence of the conciliation officer of the Labour Department. Once a settlement is reached, it cannot be altered by any other union or management that may assume power during the agreement period. This provides stability and consistency to the agreement, thus benefiting the management.
Regarding 18/1, sending a copy of the settlement to the conciliation officer suffices. However, if a new management or union is established during the agreement period, amendments may be required as necessary.
Under 18/2, any arbitration settlement reached becomes binding on the parties involved in the agreement. A settlement reached must be in the form of Form H as per Rule 58 of the ID Act following conciliation under 12(3).
Thank you.
Best regards,
[Your Name]
From India, Visakhapatnam
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Dear Usha ji,
To add to what our Senior Member/Super Moderator Madam Sharmila ji said, basically, the settlement of the dispute or any of the matters in dispute is arrived at in the course of the conciliation proceedings under section 12(3) is a tripartite agreement between the employer, workmen, and the conciliation officer. You need to draft the document accordingly. There is no Form 12(3).
Thank you.
From India, Mumbai
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To add to what our Senior Member/Super Moderator Madam Sharmila ji said, basically, the settlement of the dispute or any of the matters in dispute is arrived at in the course of the conciliation proceedings under section 12(3) is a tripartite agreement between the employer, workmen, and the conciliation officer. You need to draft the document accordingly. There is no Form 12(3).
Thank you.
From India, Mumbai
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Hello Usha,
There is a form in which the conciliation settlement shall be arrived at. It is Form 'H' as provided under Central Rule (58). If your organization falls under State sphere of control, please see the relevant rule and form under Delhi State rules. If you are covered by Central rules, the settlement can be in the above format.
B. Saikumar
Mumbai
From India, Mumbai
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There is a form in which the conciliation settlement shall be arrived at. It is Form 'H' as provided under Central Rule (58). If your organization falls under State sphere of control, please see the relevant rule and form under Delhi State rules. If you are covered by Central rules, the settlement can be in the above format.
B. Saikumar
Mumbai
From India, Mumbai
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Before talking about the form, please go through the act. Everything is available on the internet. Search for the same. There is a Wikipedia link also available here: [The Industrial Disputes Act, 1947 - Wikipedia, the free encyclopedia](http://en.wikipedia.org/wiki/The_Industrial_Disputes_Act,_1947). Read the Act thoroughly, understand, and then think about the forms, etc.
Best wishes
From India, Bengaluru
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Best wishes
From India, Bengaluru
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Dear Usha
I understand you need the format to enter into a "settlement" . As mentioned by other rmembers irrespective of wether the settlement has been entered in course of the conciliaiton by intervention of conciliaiton officer or it is merely between the employer and employee you need to follow the procedure "prescribed".
Generally the procedure is prescribed in "state rules". I understand in your case "Central Rules' is applicable which is as under:
58. Memorandum of settlement
(1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in Form ‘H’.
(2) The settlement shall be signed by -
(a) in the case of an employer, by the employer himself, or by his authorised agent, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the corporation;
(b) in the case of the workmen, by any officer of a trade union of the workmen or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;
(c) in the case of the workman in an industrial dispute under section 2A of the Act, by the workman concerned.
Explanation: In this rule officer means any of the following officers, namely:
(a) the President;
(b) the Vice-President;
(c) the Secretary (including the General Secretary)
(d) a Joint-Secretary;
(e) any other officer of the trade union authorised in this behalf by the President and Secretary of the union.
(3) Where a settlement is arrived at in the course of conciliation proceeding the Conciliation Officer shall send a report thereof to the Central Government together with a copy of the memorandum of settlement signed by the parties to the dispute.
(4) Where a settlement is arrived at between an employer and his workmen otherwise than in the course of conciliation proceeding before a Board or a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof to the Central Government, the Chief Labour Commissioner (Central), New Delhi, and the Regional Labour Commissioner (Central) and to the Assistant Labour Commissioner (Central) concerned.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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I understand you need the format to enter into a "settlement" . As mentioned by other rmembers irrespective of wether the settlement has been entered in course of the conciliaiton by intervention of conciliaiton officer or it is merely between the employer and employee you need to follow the procedure "prescribed".
Generally the procedure is prescribed in "state rules". I understand in your case "Central Rules' is applicable which is as under:
58. Memorandum of settlement
(1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in Form ‘H’.
(2) The settlement shall be signed by -
(a) in the case of an employer, by the employer himself, or by his authorised agent, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the corporation;
(b) in the case of the workmen, by any officer of a trade union of the workmen or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;
(c) in the case of the workman in an industrial dispute under section 2A of the Act, by the workman concerned.
Explanation: In this rule officer means any of the following officers, namely:
(a) the President;
(b) the Vice-President;
(c) the Secretary (including the General Secretary)
(d) a Joint-Secretary;
(e) any other officer of the trade union authorised in this behalf by the President and Secretary of the union.
(3) Where a settlement is arrived at in the course of conciliation proceeding the Conciliation Officer shall send a report thereof to the Central Government together with a copy of the memorandum of settlement signed by the parties to the dispute.
(4) Where a settlement is arrived at between an employer and his workmen otherwise than in the course of conciliation proceeding before a Board or a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof to the Central Government, the Chief Labour Commissioner (Central), New Delhi, and the Regional Labour Commissioner (Central) and to the Assistant Labour Commissioner (Central) concerned.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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Hello everybody,
I appreciate the views and contents provided by senior members on the ID Act of 1947. It is very useful not only to Ms. Usha but also to everybody going through the aforementioned contents. Once again, thanks to everybody contributing to this site.
From India, Mumbai
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I appreciate the views and contents provided by senior members on the ID Act of 1947. It is very useful not only to Ms. Usha but also to everybody going through the aforementioned contents. Once again, thanks to everybody contributing to this site.
From India, Mumbai
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Qtn. No.1
If one organization has contractors and employees working through that particular contractor, they can form a union.
Qtn. No.2
If the answer is "Yes" for Qtn. No.1 and contractor employees form a union, does the principal employer have any liability or risk while elections and wage settlements happen between the contractor and their union.
From India, Hyderabad
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If one organization has contractors and employees working through that particular contractor, they can form a union.
Qtn. No.2
If the answer is "Yes" for Qtn. No.1 and contractor employees form a union, does the principal employer have any liability or risk while elections and wage settlements happen between the contractor and their union.
From India, Hyderabad
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@ Y K Bhooshi,
Sir, as per the Trade Union Act of 1926, any worker who works in a factory can join a union of the factory. However, trade unions typically have only permanent workers as members. This means that to form a union, employees must hold a company role (office bearer), and any employee can join as members.
From India, Rudarpur
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Sir, as per the Trade Union Act of 1926, any worker who works in a factory can join a union of the factory. However, trade unions typically have only permanent workers as members. This means that to form a union, employees must hold a company role (office bearer), and any employee can join as members.
From India, Rudarpur
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