ear Sir,

The management has asked me to give my opinion on the following issues :

1. What is the difference in between normal workmen and protected

workmen. Where from I could get the relevant provision & commentary.

2. What is difference between the wage settlement agreement u/s. 2 (p) &
18 (1) (2) (3) of ID Act, 1947. What kinds of agreement can generally
exeucted u/s. 2 (P) & 18 (1) (2) (3).

3. What is meaning of illegal strike (apart from the strike of trade union
also).

May i request you to please guide me on the aforesaid subject with relevant
provision, case laws & your valuable comments.

Thanking you
Manoj Pallod
Manoj Pallod
Subject - Re: Labour & Industrial Relations
13 views but still no response..please help me..
Madhu.T.K
Subject - Re: Labour & Industrial Relations
Workmen are employees or workers who come under the definition of
workmen in the Industrial Disputes Act. Protected workmen are also
workmen but are recognised by the management as "protected" following the
provisions of the Industrial Disputes Act. That is, as per rule 61 of the
Industrial Disputes (Central) Rules, every registered Trade Union shall
communicate to the employer the names of employees who are members of
the union to be recognised as protected workmen. This follows section 33 (4)
of the ID Act which says that "the number of workmen to be recognised as
protected workmen shall be one per cent of the total number of workmen
employed therein subject to a minimum number of five protected workmen
and a maximum number of one hundred protected workmen. Where there
are more than one union then the number of protected workers shall be
divided in proportion to the membership in the unions.

Section 2(p) only defines what is called "settlement" and it says that
settlement is an agreement by means of a conciliation. It is different from
"award" which is a settlement arrived at by Labour Court or Tribunal.
Settlement can also be a bi-party settlement wherein agreement is reached
in direct conversation between the employees (with or without union) and
the employer or it can be tri-party settlement which is usually referred to as
12(3) settlement which is arrived at with intervention of conciliation officer
appointed by the government.

Section 18 is all about on whom the settlement and awards are binding.
Section 18(1) says that a settlement arrived at by agreement between the
employer and the employees (that is a bi- party settlement) otherwise than a
conciliation settlement (ie, tri party settlement or 12(3) settlement) will be
binding on the parties to the agreement.

Section 18(2) says that an arbitration award will be binding on the parties to
the agreement who referred the dispute to arbitration

Section 18(3) says that a settlement arrived at in the course of conciliation

proceedings will be binding on all parties to the industrial dispute.

Please note that there are some provisio annexed to the above.

A strike which is commenced without giving notice of strike or in

contravention of section 22 (1) of the ID Act is an illegal strike. As per
section 22(1) 14 days notice is mandatory in public utility services. As such if
your establishment is not declared as public utility service,. the provision
relating to notice will not apply to you. Please remember that the word
'public utility' is no way related to public sector and a firm in private sector
but engaged in the business which is declared as public utility, say,
transport, will have to follow the above provisions. The same notice
requirements is applicable to the employer who wants to lock out his
establishment.

Regards,

Madhu.T.K
Manoj Pallod
Subject - Re: Labour & Industrial Relations
Dear Sir,

Thank you very much for your posting and guidance.

ommygautam
Subject - Re: Labour & Industrial Relations
Quote:

Originally Posted by Madhu.T.K

Workmen are employees or workers who come under the definition of workmen in the
Industrial Disputes Act. Protected workmen are also workmen but are recognised by
the management as "protected" following the provisions of the Industrial Disputes
Act. That is, as per rule 61 of the Industrial Disputes (Central) Rules, every registered
Trade Union shall communicate to the employer the names of employees who are
members of the union to be recognised as protected workmen. This follows section 33
(4) of the ID Act which says that "the number of workmen to be recognised as
protected workmen shall be one per cent of the total number of workmen employed
therein subject to a minimum number of five protected workmen and a maximum
number of one hundred protected workmen. Where there are more than one union
then the number of protected workers shall be divided in proportion to the
membership in the unions.
Section 2(p) only defines what is called "settlement" and it says that settlement is an
agreement by means of a conciliation. It is different from "award" which is a
settlement arrived at by Labour Court or Tribunal. Settlement can also be a bi-party
settlement wherein agreement is reached in direct conversation between the
employees (with or without union) and the employer or it can be tri-party settlement
which is usually referred to as 12(3) settlement which is arrived at with intervention
of conciliation officer appointed by the government.

Section 18 is all about on whom the settlement and awards are binding. Section
18(1) says that a settlement arrived at by agreement between the employer and the
employees (that is a bi- party settlement) otherwise than a conciliation settlement
(ie, tri party settlement or 12(3) settlement) will be binding on the parties to the
agreement.

Section 18(2) says that an arbitration award will be binding on the parties to the
agreement who referred the dispute to arbitration

Section 18(3) says that a settlement arrived at in the course of conciliation

proceedings will be binding on all parties to the industrial dispute.

Please note that there are some provisio annexed to the above.

A strike which is commenced without giving notice of strike or in contravention of

section 22 (1) of the ID Act is an illegal strike. As per section 22(1) 14 days notice is
mandatory in public utility services. As such if your establishment is not declared as
public utility service,. the provision relating to notice will not apply to you. Please
remember that the word 'public utility' is no way related to public sector and a firm in
private sector but engaged in the business which is declared as public utility, say,
transport, will have to follow the above provisions. The same notice requirements is
applicable to the employer who wants to lock out his establishment.

Regards,

Madhu.T.K

Respected Sir,

kindly clear me about how i know that our company is under Public utility
service or not. is there is any specification ?

waiting for your soon responce.

Madhu.T.K
Subject - Re: Labour & Industrial Relations
An industry is declared as public utility service by the government by
notification when it becomes necessary to do so in the interest of the general
public. Under section 2(n) of the ID Act railway service, postal service
industry engaged in the generation and distribution of power or water and
services of a system of sanitation are public utilities. The clause vi of sub
section n to section 2 empowers the government to declare any other service
or industry as public utility service for a period of six months (which may be
extended for a further period)The list of industries which may be declared as
public utility services is available in the First schedule of the ID Act. In that
schedule, transport, banking, industries engaged in manufacturing of food
stuffs, services in hospitals, services in International Airports Authority of
India, Services in Currency note press, etc are included.

Regards,

Madhu.T.K
ppdagar
Subject - Re: Labour & Industrial Relations
Dear Sir,

Very useful information in short, thanks for clarfication and such a nice useful
posting.

Regards,
kamatvp
Subject - Re: Labour & Industrial Relations
An industry is declared as public utility service by the government by
notification when it becomes necessary to do so in the interest of the general
public. Under section 2(n) of the ID Act railway service, postal service
industry engaged in the generation and distribution of power or water and
services of a system of sanitation are public utilities. The clause vi of sub
section n to section 2 empowers the government to declare any other service
or industry as public utility service for a period of six months (which may be
extended for a further period)The list of industries which may be declared as
public utility services is available in the First schedule of the ID Act. In that
schedule, transport, banking, industries engaged in manufacturing of food
stuffs, services in hospitals, services in International Airports Authority of
India, Services in Currency note press, etc are included.

Regards,

Kamat V. P.
more at Labour & Industrial Relations
Manoj Pallod
Subject - Re: Labour & Industrial Relations
Sir,

May I seek your assistance to know behind the concept of "protected

workmen" for an establishment and for what purpose. What is the use or
benefit for an establishment for "protected workmen". Whether the workmen
who completed his tenure of 240 days in a calender year shall be deemed to
be "protected workmen" ?
Whether the "protected workmen" shall require to be a member of "trade
union" only ? Please guide ?
Thanks
Manoj Pallod
Madhu.T.K
Subject - Re: Labour & Industrial Relations
Manoj, protected workmen are workmen who are members of registered
trade unions. As already put in my previous posts the manner of recognising
the workmen as protected workmen is given in the ID Act. It does not mean
that protected workmen can do anything and the management is not able to
initiate any disciplinary action against them but the ID Act says that during
the period of any dispute or negotiation, no action which may make any
change in the service conditions of these workmen should not be done. It is
obvious that if there is no trade union and the workers put forward some
demands (rather legitimate demands) there is a possibility that the
management will transfer some of the workmen even discharge them. The
protection is from such kind of victimisation.

Regards,

Madhu.T.K