Dear Genius,
In our Company one Trade union is functioning in Cuddalore and they have raised their charter of demands mainly for wages revision wef 25/12/2011, after various Bipartite negotiations and Tripartite negotiation (with JCL) the all meetings went vain and not entered into settlement. Finally the conciliation officer JCL has sent the failure report under 12(4). Now the case is refered to labour court.
1 What would be the legal impact?
2 Will the Labour court order for interim relief?
3 If yes, on what basis the interim relief can be ordered and the periods
4 Can the court decide the amount of revised wage?
5 During the pendency of adjudication, can the management take disciplinary action?
6 If no, what measures to be followed when the worker indulged in violence and braches?
7 How long the dispute will be resolved in labour court? (approx)
I humbly request the Genius to reply the above matters.
I shall be thankful for ever.
From India, Madras
2In our Company one Trade union is functioning in Cuddalore and they have raised their charter of demands mainly for wages revision wef 25/12/2011, after various Bipartite negotiations and Tripartite negotiation (with JCL) the all meetings went vain and not entered into settlement. Finally the conciliation officer JCL has sent the failure report under 12(4). Now the case is refered to labour court.
1 What would be the legal impact?
2 Will the Labour court order for interim relief?
3 If yes, on what basis the interim relief can be ordered and the periods
4 Can the court decide the amount of revised wage?
5 During the pendency of adjudication, can the management take disciplinary action?
6 If no, what measures to be followed when the worker indulged in violence and braches?
7 How long the dispute will be resolved in labour court? (approx)
I humbly request the Genius to reply the above matters.
I shall be thankful for ever.
From India, Madras
Dear Vaseeharan
What is the term of reference? Is it for interim relief ??
I understand there could not be such reference for demanding interim relief, since the process of collective bargaining itself is the process of Give & Take and is viewed in totality and there couldn’t be unilateral order for adhoc amount towards settlement, unless there is obvious delay/non cooperation on part of management in the process of collective bargaining.
The litigation may take years.
The adhoc towards settlement is decided when the parties are not able to arrive on any settlement and the workers are suffering due to delay..and there is apprehension of such situation leading to labour unrest.
Interim relief or Adhoc towards Long Term Settlement is an amount arrived between management and unions after due discussions with certain conditions and one such main condition is that the amount of adhoc will be adjusted again the settlement whenever it is entered and both the parties will make efforts to arrive on final settlement at earliest.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
What is the term of reference? Is it for interim relief ??
I understand there could not be such reference for demanding interim relief, since the process of collective bargaining itself is the process of Give & Take and is viewed in totality and there couldn’t be unilateral order for adhoc amount towards settlement, unless there is obvious delay/non cooperation on part of management in the process of collective bargaining.
The litigation may take years.
The adhoc towards settlement is decided when the parties are not able to arrive on any settlement and the workers are suffering due to delay..and there is apprehension of such situation leading to labour unrest.
Interim relief or Adhoc towards Long Term Settlement is an amount arrived between management and unions after due discussions with certain conditions and one such main condition is that the amount of adhoc will be adjusted again the settlement whenever it is entered and both the parties will make efforts to arrive on final settlement at earliest.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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