Hi Friends,
Recently, there has been a settlement between my company and an aggrieved workman. During the conciliation proceeding, the Conciliation Officer has issued Form H under Section 12(3) of the ID Act.
I would like to know:
- Is this agreement legally binding on both parties?
- Is there still room to move to the labor court?
From India, Mumbai
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2Recently, there has been a settlement between my company and an aggrieved workman. During the conciliation proceeding, the Conciliation Officer has issued Form H under Section 12(3) of the ID Act.
I would like to know:
- Is this agreement legally binding on both parties?
- Is there still room to move to the labor court?
From India, Mumbai
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Sir,
If the matter was under conciliation and resulted in the settlement agreed upon by both parties, then FORM H (Under The Industrial Dispute (Central) Rules 1957) has to be filled as Memorandum of settlement along with the signatures of both parties as well as the signature of the Conciliation Officer, which ultimately confirms that the agreement between the two parties is acceptable to both and legally authenticated by the conciliation officer.
If the agreement is not signed by any of the parties, then there would be scope to refer it to further conciliation only. As per my knowledge, such a matter would be referred up to Conciliation Officers only for amicable settlement and not to the labor court as it does not involve any points within the jurisdiction of the labor court.
Once the agreement gets signed in confirmation with the conciliation officer, it is binding to both parties.
Regards,
From India, Sholapur
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If the matter was under conciliation and resulted in the settlement agreed upon by both parties, then FORM H (Under The Industrial Dispute (Central) Rules 1957) has to be filled as Memorandum of settlement along with the signatures of both parties as well as the signature of the Conciliation Officer, which ultimately confirms that the agreement between the two parties is acceptable to both and legally authenticated by the conciliation officer.
If the agreement is not signed by any of the parties, then there would be scope to refer it to further conciliation only. As per my knowledge, such a matter would be referred up to Conciliation Officers only for amicable settlement and not to the labor court as it does not involve any points within the jurisdiction of the labor court.
Once the agreement gets signed in confirmation with the conciliation officer, it is binding to both parties.
Regards,
From India, Sholapur
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Dear sir Signing of Mou before conciliation officer gives finality to the settlement and no question of moving court.
From India, Pune
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From India, Pune
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Sub-settlement before conciliation officer
Dear Mr. Dhillon,
The courts attach as much sanctity to a settlement arrived at in conciliation as to an award delivered by a Labour Court or Industrial Tribunal. It is binding under sec. 18(3) of the Industrial Disputes Act, 1947, not only on the parties who signed the settlement but on all parties who were summoned to the proceedings. It is binding on every workman employed in the establishment, irrespective of whether or not such a workman is a member of the union that signed the settlement.
B. Saikumar HR & Labour Law Consultant Chipinbiz Consultancy Pvt. Ltd Mumbai 022-28324234
From India, Mumbai
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Dear Mr. Dhillon,
The courts attach as much sanctity to a settlement arrived at in conciliation as to an award delivered by a Labour Court or Industrial Tribunal. It is binding under sec. 18(3) of the Industrial Disputes Act, 1947, not only on the parties who signed the settlement but on all parties who were summoned to the proceedings. It is binding on every workman employed in the establishment, irrespective of whether or not such a workman is a member of the union that signed the settlement.
B. Saikumar HR & Labour Law Consultant Chipinbiz Consultancy Pvt. Ltd Mumbai 022-28324234
From India, Mumbai
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Hi,
Since it is a settlement as per Section 2(p) of the ID Act, it is binding not only on the parties who signed it, but also on the heirs, assigns of the employer, and on the existing employees as well as on the employees joining after the date of signing the settlement.
Vishal Amte
8976106121
HR
From India, Mumbai
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Since it is a settlement as per Section 2(p) of the ID Act, it is binding not only on the parties who signed it, but also on the heirs, assigns of the employer, and on the existing employees as well as on the employees joining after the date of signing the settlement.
Vishal Amte
8976106121
HR
From India, Mumbai
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