Type:Trigger
Frequency: Quarterly
Action to be taken:
Treat as binding, all settlements arrived at by agreement between employer and workman, all arbitration awards which have become enforceable and all conciliation settlements to which the employer is a party.
Audit Requirement:Are all clauses of all settlements and awards governing this establishment being complied with ?
Supporting Documents:Written Confirmation of Compliance
Related Triggers:
Award Under the ID Act
Proceedings Under The ID Act or State ID Act
Reinstatement Of Workman Under ID Act
Settlement/Agreement With Workmen
Related Keywords:
Arbitration Proceedings
Award
Conciliation Proceedings
Dispute, Industrial Dispute
Settlement/Agreement With Workers
Related Sections:
Industrial Disputes Act, 1947
Chapter:Procedure, Powers and Duties of Authorities|
18:Persons on whom settlements and awards are binding:
[(1) A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement.
(2) [Subject to the provisions of sub-section (3), an arbitration award] which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration]
[(3) A settlement arrived at in the course of conciliation proceedings under this Act [or an arbitration award in a case where a notification has been issued under sub-section (3-A) of Section 10-A] or [an award [of a Labour Court, Tribunal or National Tribunal] Which has become enforceable] shall be binding on -
(a) all parties to the industrial dispute;
(b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, [arbitrator,] [Labour Court, Tribunal or National Tribunal], as the case may be, records the opinion that they were so summoned without proper cause;
(c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates;
(d) where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part.
