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 Labour Law Update 


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Industrial Disputes Act   2000

indian oil corporation

VS

oil sector officer’s  association [2000 (85) FLR 144 HC-del]

can a conCiliation officer summon the officers’ association (representing non-workmen) for conciliation proceedings.

  •       section 12(1) of the i.d. act enjoins a duty on conciliation officers to hold conciliation when a notice of strike is issued under section 22, even if such notice is by NON workmen.

  •       while section 23 visualises only a strike notice by “workmen”, a strike notice under section 22 (in public utility) referes to a notice by any person.

national engineering

industries

vs

state of rejasthan

[2000-i-llj-247-sc]

.two unionS raised near  identical charters of demands 
.concilia-tioN officer could arrive at a settle-ment WITH ONE UNION 
. minor union refused to sign and THIS concilia-tion officer submitted a failure report ABOUT SECOND UNIONS DEMAND  
. manage-ment objected to the reference contending that with signing of conciliation settlement no reference, IS possible on demands of minority union 
. if the settlement is silent on some demands, can they be treated as not dropped and kept open. 

  • there is no scope for reference as the conciliation settlement on the common issues is a settlement binding all workmen in the establishment.

 

  • even if there is no specific clause indicating the dropping of other non-settled demands, it is to be  understood that after the conciliation settlement others demand not specifically conceded stand dropped.

boc of india

vs

indian oxygen employees union [1999 (83) flr-1018 hc-bom]

 

.company filed a closure application under section 25(0) of the i.d. act to close one of its units. 
.union objected and demanded details pertaining to other units and particulars on managerial remuneration 
. is such demand of the union justified ? 

  •     the unions cannot be permitted to embark upon such a fishing and roving enquiry on particulars about other units

  •      the information sought by the union is not relevant for determination of the closure application under section 25(0)

everstee

vs

district labour officer

[1999 (83) flr 151 hc-ker]

can a ‘workman’ who received all benefits under vrs, raise a fresh industrial dispute alleging that his co-workers got more benefits than him ?

  •      only a serving workman or an ex-workman who has been dismissed/discharged/retrenched (under section 2 A) can claim status of ‘workman’ to raise a dispute.

 

  •       since he has voluntarily quit, he does not come under the  above three contingencies,.  he cannot raise a dispute after claiming his dues under the vrs.

chemplast sanmar ltd

vs

mettur chemicals thozhilalar  angam 2000-i-llj 1335-hc-mad]

what are the rights and obligations of the parties to a conciliation settlement after the period of the settlement has expired ?

  •    though the period of operation indicated in the settlement expires, the contractual obligations of the parties will continue to be operatie until another settlement is signed altering/or putting a stop to the benefit/obligations under the old settlement.

  •       however after the issue of a proper settlement termination notice under section 19(2) of I.D.ACT, the ban on the parties on lockout/strike under section 23 will stand removed.