Hai Seniors, As I am new to IR related process the above question was raised in my interview 2 unions are there can you help me pls ? Mohana Sr.Executive - HR 8072193485
From India, Madras
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4From India, Madras
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Section 12(3) of the Industrial Disputes Act is a settlement signed before a Conciliation Officer after conciliation proceedings were initiated. It is a tripartite settlement signed by management and the workmen representative {nominated by the General Body of the Union} before the Conciliation Officer. This settlement has legal validity for the agreed period between the parties. Both management and all workmen are bound by the terms and conditions of the settlement.
Section 12(3) of the Industrial Disputes Act, for bonus, is also a settlement signed as mentioned above before the Conciliation Officer after conciliation proceedings are initiated. All the workmen and the management are bound by the terms and conditions/clauses of the settlement for the payment of bonus for the year(s) mentioned.
Section 18(1) of the Industrial Disputes Act is a settlement entered into directly between the parties. If the settlement is between the management and a single workman (one workman who is a party to the settlement under Section 2(A) of the ID Act), the clauses of the settlement are binding on this single workman who is a party to the settlement and the management. If the settlement is between a group of workmen (having a dispute under Section 2(K) of the Industrial Disputes Act) and the management, the clauses/terms of the settlement are binding between the group of workmen who are parties/signatories to the settlement and the management.
From India, Madras
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Section 12(3) of the Industrial Disputes Act, for bonus, is also a settlement signed as mentioned above before the Conciliation Officer after conciliation proceedings are initiated. All the workmen and the management are bound by the terms and conditions/clauses of the settlement for the payment of bonus for the year(s) mentioned.
Section 18(1) of the Industrial Disputes Act is a settlement entered into directly between the parties. If the settlement is between the management and a single workman (one workman who is a party to the settlement under Section 2(A) of the ID Act), the clauses of the settlement are binding on this single workman who is a party to the settlement and the management. If the settlement is between a group of workmen (having a dispute under Section 2(K) of the Industrial Disputes Act) and the management, the clauses/terms of the settlement are binding between the group of workmen who are parties/signatories to the settlement and the management.
From India, Madras
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Dear Mohana,
As an addendum to the answer of our learned friend Mr. Babu Alexander, I would like to state that a manager handling industrial relations should be thorough with the various provisions of the Industrial Disputes Act, 1947 and the relevant Rules framed thereunder. In a nutshell, collective bargaining is the technique most preferred by the ID Act, 1947 to achieve its objectives of prevention as well as the resolution of industrial disputes. That's why compulsory provisions for the espousal of disputes, other than the non-employment of any individual workman by trade unions or a body of workmen, formation of works committee and grievance settlement committee, appointment of area-wise/industry-wise Conciliation Officers, constitution of Boards of Conciliation, recognition of protected workman status to office bearers of registered trade unions, classification of services into public utility services and non-public utility services, restrictions on changes in certain service conditions, strikes and lockouts, layoff, retrenchment or closure, transfer of undertakings have been elaborately provided under the various distinct chapters of the Act. Even in the process of adjudication, certain restrictions on the representation of parties are introduced to avoid protracted litigation. In this backdrop, if you try to understand the queries with reference to the definition clauses, things would be easier.
From India, Salem
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As an addendum to the answer of our learned friend Mr. Babu Alexander, I would like to state that a manager handling industrial relations should be thorough with the various provisions of the Industrial Disputes Act, 1947 and the relevant Rules framed thereunder. In a nutshell, collective bargaining is the technique most preferred by the ID Act, 1947 to achieve its objectives of prevention as well as the resolution of industrial disputes. That's why compulsory provisions for the espousal of disputes, other than the non-employment of any individual workman by trade unions or a body of workmen, formation of works committee and grievance settlement committee, appointment of area-wise/industry-wise Conciliation Officers, constitution of Boards of Conciliation, recognition of protected workman status to office bearers of registered trade unions, classification of services into public utility services and non-public utility services, restrictions on changes in certain service conditions, strikes and lockouts, layoff, retrenchment or closure, transfer of undertakings have been elaborately provided under the various distinct chapters of the Act. Even in the process of adjudication, certain restrictions on the representation of parties are introduced to avoid protracted litigation. In this backdrop, if you try to understand the queries with reference to the definition clauses, things would be easier.
From India, Salem
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A sample attachment on Handling discipline matters would be helpful to you, Ms. Mohana
From India, New Delhi
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From India, New Delhi
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Industrial Disputes Amendment Act 2010.doc
Industrial Disputes Act 1947.pdf