Dear Seniors, What is the difference between section 12(3) & 18(3) of ID Act? Thanks....
From India, Pune
467From India, Pune
Dear Prashant,
Let us know what is Sec. 12 of I.D. Act:
Sec: 12: Duties of Conciliation Officer: 1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under Section 22 has been given shall, hold conciliation proceedings in the prescribed manner:
Now let us know what is 12 (3) It is an agreement know as TRIPATITE AGREEMENT ( PARTIES TO IT ARE : A) EMPLOYER OR HIS REPRESENTATIVE, B) WORKMEN OR UNION LEADERS, C) THE CONCILIATING OFFICER ( OF ASST. COMMISSIONER OF LABOUR OR ABOVE RANKE)
Sec. 12 (2)The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
Sec 12(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the conciliation officer shall send a report thereof to the appropriate Government ( or an officer authorised in this behalf by the appropriate Government) together with a memorandum of the settlement signed by the parties to the dispute. Such Agreements stand as a binding to the Employer and its employees to the dispute.
Section 18 to I.D. Act: PERSONS ON WHOM SETTLEMENTS AND AWARDS ARE BINDING:
Sec: 18 (1) When ever a dispute arise between the employer and its workmen, they come to a settlement after mutual discussions with out any third party intervention and settle the disputes, arrive at by agreement between the employer and workman otherwise than in the course of conciliation proceedings shall be binding on the either parties to the agreement.
As per 18 (3) of the act if the settlement between the two parties is certified by the conciliation office/ ALC or LC the same shall be binding on all worker whether they are member of the union which is party to the agreement or not. This is typically a tri partite agreement.
As per my knowledge...!!!!
Mukesh Upadhyay
Assist. Manager HR
(Operation & Sourcing)
From India, Pune
Let us know what is Sec. 12 of I.D. Act:
Sec: 12: Duties of Conciliation Officer: 1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under Section 22 has been given shall, hold conciliation proceedings in the prescribed manner:
Now let us know what is 12 (3) It is an agreement know as TRIPATITE AGREEMENT ( PARTIES TO IT ARE : A) EMPLOYER OR HIS REPRESENTATIVE, B) WORKMEN OR UNION LEADERS, C) THE CONCILIATING OFFICER ( OF ASST. COMMISSIONER OF LABOUR OR ABOVE RANKE)
Sec. 12 (2)The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
Sec 12(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the conciliation officer shall send a report thereof to the appropriate Government ( or an officer authorised in this behalf by the appropriate Government) together with a memorandum of the settlement signed by the parties to the dispute. Such Agreements stand as a binding to the Employer and its employees to the dispute.
Section 18 to I.D. Act: PERSONS ON WHOM SETTLEMENTS AND AWARDS ARE BINDING:
Sec: 18 (1) When ever a dispute arise between the employer and its workmen, they come to a settlement after mutual discussions with out any third party intervention and settle the disputes, arrive at by agreement between the employer and workman otherwise than in the course of conciliation proceedings shall be binding on the either parties to the agreement.
As per 18 (3) of the act if the settlement between the two parties is certified by the conciliation office/ ALC or LC the same shall be binding on all worker whether they are member of the union which is party to the agreement or not. This is typically a tri partite agreement.
As per my knowledge...!!!!
Mukesh Upadhyay
Assist. Manager HR
(Operation & Sourcing)
From India, Pune
Dear Prashanth,
Probably your question is about the difference between settlements signed u/s 12(3) and se 18(1) of the I.D Act,1947!
1) (a)When an industrial dispute is amicably settled through direct negotiations between the Employer and Employees, a settlement will be signed under ss(1) of Se 18 of the Act by the Employer or his authorised representative and the concerned workman in case of an individual dispute or the authorized representatives of the workmen in the case of a collective dispute together with the signatures of witnesses on either side, it is called as a bipartite settlement or 18(1) settlement.
(b)When an industrial dispute is settled through the conciliation proceedings initiated by a conciliation officer u/s 12(1) of the Act, a settlement will be signed by the authorized representatives of both sides with the counter-signature of the conciliation officer under ss(3) of Se 12 of the Act, it is called as a tripartite settlement or 12(3) settlement.
2) (a)In the case of 18(1) settlement, copies should be jointly sent by the parties to the Central Govt, Chief Labor Commr,theR.L.C and A.L.C, if the Central Govt is the Appropriate Govt whereas if the State Govt is the App.Govt, to the State Govt.,the State Labor Commr and the Conciliation Officer for the area.
(b) In the case of a 12(3) settlement,a report together with copies of the settlement will be submitted to the State Govt.and the Commr of Labor by the Conciliation Officer.
3) An 18(1) settlement will be binding upon only the signatories to the settlement whereas a 12(3) settlement ill not only bind the signatories but also the future employer n employees of the estt during its currency.So the latter stands on a higher pedestal.
From India, Salem
Probably your question is about the difference between settlements signed u/s 12(3) and se 18(1) of the I.D Act,1947!
1) (a)When an industrial dispute is amicably settled through direct negotiations between the Employer and Employees, a settlement will be signed under ss(1) of Se 18 of the Act by the Employer or his authorised representative and the concerned workman in case of an individual dispute or the authorized representatives of the workmen in the case of a collective dispute together with the signatures of witnesses on either side, it is called as a bipartite settlement or 18(1) settlement.
(b)When an industrial dispute is settled through the conciliation proceedings initiated by a conciliation officer u/s 12(1) of the Act, a settlement will be signed by the authorized representatives of both sides with the counter-signature of the conciliation officer under ss(3) of Se 12 of the Act, it is called as a tripartite settlement or 12(3) settlement.
2) (a)In the case of 18(1) settlement, copies should be jointly sent by the parties to the Central Govt, Chief Labor Commr,theR.L.C and A.L.C, if the Central Govt is the Appropriate Govt whereas if the State Govt is the App.Govt, to the State Govt.,the State Labor Commr and the Conciliation Officer for the area.
(b) In the case of a 12(3) settlement,a report together with copies of the settlement will be submitted to the State Govt.and the Commr of Labor by the Conciliation Officer.
3) An 18(1) settlement will be binding upon only the signatories to the settlement whereas a 12(3) settlement ill not only bind the signatories but also the future employer n employees of the estt during its currency.So the latter stands on a higher pedestal.
From India, Salem
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
ID ACT SEC.33(A) A BRIEF NOTE.pdf
ID Act.doc