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    Award and Settlement

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    Nikhil Raveendran
    An award is a determination of an industrial dispute by a labor court, tribunal, or arbitration that is binding on the parties involved. It must be in writing and signed and is enforceable for one year. A settlement is an agreement reached during conciliation proceedings or a written agreement between employer and employees, and can be binding on the parties or all employees, depending on the type. Awards and settlements specify their periods of operation and binding parties.

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    Award and Settlement

    Uploaded by

    Nikhil Raveendran
    175 views10 pages
    An award is a determination of an industrial dispute by a labor court, tribunal, or arbitration that is binding on the parties involved. It must be in writing and signed and is enforceable for one year. A settlement is an agreement reached during conciliation proceedings or a written agreement between employer and employees, and can be binding on the parties or all employees, depending on the type. Awards and settlements specify their periods of operation and binding parties.

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    Award and Settlement

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    An award is a determination of an industrial dispute by a labor court, tribunal, or arbitration that is binding on the parties involved. It must be in writing and signed and is enforceable for one year. A settlement is an agreement reached during conciliation proceedings or a written agreement between employer and employees, and can be binding on the parties or all employees, depending on the type. Awards and settlements specify their periods of operation and binding parties.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    175 views10 pages

    Award and Settlement

    Uploaded by

    Nikhil Raveendran
    An award is a determination of an industrial dispute by a labor court, tribunal, or arbitration that is binding on the parties involved. It must be in writing and signed and is enforceable for one year. A settlement is an agreement reached during conciliation proceedings or a written agreement between employer and employees, and can be binding on the parties or all employees, depending on the type. Awards and settlements specify their periods of operation and binding parties.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    AWARD AND

    SETTLEMENT

    AWARD
    Industrial Dispute Act defines the term award.According to this
    Act award means an interim or final determination of any
    industrial dispute relating thereto by any labour
    court,industrial tribunal.It also includes an arbitration award.
    FORM OF AWARD
    The award of a labour court,industrial tribunal,or national
    tribunal shall be in writing and signed by its presiding officier.

    PUBLICATION OF AWARD
    Every arbitration award,and every award of a labour
    court,industrial tribunal published by the appropriate
    Government in such manner as it may thinks fit within 30
    days of its receipt.The award so published is final and shall
    not be called in question in any court in any manner
    whatsoever.

    COMMENCEMENT OF ITS OPERATION


    An award shall become enforceable on the expiry of 30
    days from the date of its publication in the Official
    Gazette.

    PERIOD OF OPERATION OF AN AWARD


    An award shall remain in operation for a period of one year
    from the date on which it becomes enforceable.The
    appropriate Government may,however,reduce or
    increase the period of operation of an award.

    PERSON BOUND BY THE AWARD


    An arbitration award is binding on the parties to the
    arbitration agreement who have referred the dispute to
    arbitration.

    An award of a labour court,industrial tribunal or national


    tribunal,shall be binding on the following persons:
    (a) All the parties to the dispute;
    (b) All parties summoned to appear as parties to
    the dispute unless they were summoned
    without proper cause;
    (c) The employer and after his death his
    heirs,successors or assignees; and
    (d) All the workmen employed on the date of
    dispute and subsequent to the dispute.

    SETTLEMENT
    There

    are two types of settlement:


    (a) A settlement arrived at in the
    course of conciliation proceedings;
    and it includes:
    (b) a written agreement between
    employer and workmen arrived at
    otherwise than in the course of
    conciliation proceedings.

    Rules regarding
    settlement
    (A) Settlement Arrived in the Course of Conciliation
    Proceedings:
    It must satisfy the following conditions:
    (a) There should be a conciliation proceedings pending;
    (b) The settlement should have been arrived at in the course of the
    conciliation;
    (c) The memorandum of settlement must be signed by the parties to the
    disputes;
    (d) The conciliation officier shall send a report along with a copy of the
    memorandum of the settlement,signed by the parties,to the appropriate govt.

    Settlement arrived at in the course of conciliation proceeding shall


    be binding on:
    (a) All parties to the dispute;
    (b) All other parties summoned to appear in the proceedings as parties to the
    dispute;

    (c) The employer,his heirs,successors or assignees are bound


    by the settlement.
    (d) The settlement is binding on all persons who were
    employed in the establishment on the date of dispute and all
    persons who subsequently become employee in that
    establishment.

    Settlement arrived by way of Written


    Agreement

    (B)

    An agreement arrived by way of a written agreement between


    employer and workmen must fulfil the following conditions:
    (a) Such agreement must be signed by the parties to it;
    (b) It must be sent to an officier authorized;
    (c) It must be sent to the conciliation officier;

    COMMENCEMENT OF ITS OPERATION


    A settlement shall come in the force on such date as is
    agreed by the parties to the dispute.Such date is agreed;it
    will come into effect on the date on which the
    memorandum of settlement is signed by the parties to the
    dispute.
    PERIOD OF OPERATION OF SETTLEMENT
    A settlement shall be binding such period as is agreed by the
    parties.If no such parties is agreed upon,it is binding for a
    period of six months from the date of settlement is signed
    by the parties to the dispute.

    AWARD AND
    SETTLEMENT
    AWARD

    Award means an interim or


    final determination of any
    industrial dispute or related
    matter by any labor
    court,industrial tribunal,or
    nationa tribunal and it
    includes an arbitration
    award made under S.10.
    It is binding on all parties to
    the industrial dispute and all
    other parties summoned to
    apppear in the proceedings
    as parties to the dispute.

    SETTLEMENT

    Settlement means a
    settlement arrived at in the
    course of conciliation
    proceedings or a written
    agreement between employer
    and employee otherwise than
    in the course of conciliation.
    Settlement arrived otherwise
    than in the conciliation
    proceedings,(ie,by agreement
    between employer and
    employee) are binding only to
    the parties to the agreement.

    Contd.
    AWARD

    SETTLEMENT

    It shall remain in operation


    for a period of one year
    from date on which it
    becomes enforceable.

    It shall be in force for such


    period as is agreed by the
    parties.If no such period is
    agreed upon,it will be in
    force for a period of six
    months.

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