Please can any one tell me the MEANING OR differences among enforcement of award, operation of award, commencement of award.., And commencement and conclusion of proceedings
From India, Kolkata
1From India, Kolkata
Section 2(b) of the Industrial Dispute Act,1947 defines Award as follows -
According to Section 2(b) of the Industrial Disputes Act, 1947 ‘Award’ means an interim or a final determination of any Industrial Dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A.
Section 19 of the Industrial Disputes Act 1947 provides for the period of operation of Award and Settlement.
(1) A settlement shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute.
(2) Such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months from the date on which the memorandum of settlement is signed by the parties to the dispute, and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement.
(3) An award shall, subject to the provisions of this section, remain in operation for a period of one year from the date on which the award becomes enforceable under section 17A.
Provided that the appropriate Government may reduce the said period and fix such period as it thinks fit: Provided further that the appropriate Government may, before the expiry of the said period, extend the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the total period of operation of an award does not exceed three years from the date on which it came into operation.
From India, Pune
According to Section 2(b) of the Industrial Disputes Act, 1947 ‘Award’ means an interim or a final determination of any Industrial Dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A.
Section 19 of the Industrial Disputes Act 1947 provides for the period of operation of Award and Settlement.
(1) A settlement shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute.
(2) Such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months from the date on which the memorandum of settlement is signed by the parties to the dispute, and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement.
(3) An award shall, subject to the provisions of this section, remain in operation for a period of one year from the date on which the award becomes enforceable under section 17A.
Provided that the appropriate Government may reduce the said period and fix such period as it thinks fit: Provided further that the appropriate Government may, before the expiry of the said period, extend the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the total period of operation of an award does not exceed three years from the date on which it came into operation.
From India, Pune
Dear friend,
I think that you must be a student. Even otherwise, since the questions you raised are direct ones the answers for which require no interpretative exercise, you could have simply gone through the provisions of the Industrial Disputes Act,1947 before raising them. Only such a reading of the bare Act would enable you to frame the questions in an orderly and logical manner.
Coming to your questions,
(1) Any industrial dispute contemplated under the IDA,1947 requires a determination or resolution through the various machineries provided for therein. "Award" as defined u/s 2(b) of the IDA,1947 is one such interim or final determination of any industrial dispute or of any related question by any Labor Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award.
(2) Commencement or enforceability of an award is one and the same. As per sec.17-A of the Act an award becomes enforceable on the expiry of 30 days from the date of its publication. However the appropriate Government can stall its enforceability on certain grounds and reject or modify the award.
(3) As per sec.19(3), an award would be in operation for a period of one year from the date it becomes enforceable. It will also continue to be binding on the parties even after one year till it is terminated by them by means of a notice in this regard u/s 19(6).
(4)Section 20 of the IDA,1947 categorically deals with the commencement and conclusion of conciliation, arbitration and adjudication proceedings and you can go through the same.
From India, Salem
I think that you must be a student. Even otherwise, since the questions you raised are direct ones the answers for which require no interpretative exercise, you could have simply gone through the provisions of the Industrial Disputes Act,1947 before raising them. Only such a reading of the bare Act would enable you to frame the questions in an orderly and logical manner.
Coming to your questions,
(1) Any industrial dispute contemplated under the IDA,1947 requires a determination or resolution through the various machineries provided for therein. "Award" as defined u/s 2(b) of the IDA,1947 is one such interim or final determination of any industrial dispute or of any related question by any Labor Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award.
(2) Commencement or enforceability of an award is one and the same. As per sec.17-A of the Act an award becomes enforceable on the expiry of 30 days from the date of its publication. However the appropriate Government can stall its enforceability on certain grounds and reject or modify the award.
(3) As per sec.19(3), an award would be in operation for a period of one year from the date it becomes enforceable. It will also continue to be binding on the parties even after one year till it is terminated by them by means of a notice in this regard u/s 19(6).
(4)Section 20 of the IDA,1947 categorically deals with the commencement and conclusion of conciliation, arbitration and adjudication proceedings and you can go through the same.
From India, Salem
Sir thank you for reply...
Yes sir I had gone through all the sections... But sir my question was when the meaning of commencement and enforceability is same why two different words have been in use.. is there any minute difference in meaning...
And I have doubt that.. what is that actual difference between enforceability and operations..
i.e. in my view enforceable means ultimately generally comes into operations..
Or is there something else..
From India, Kolkata
Yes sir I had gone through all the sections... But sir my question was when the meaning of commencement and enforceability is same why two different words have been in use.. is there any minute difference in meaning...
And I have doubt that.. what is that actual difference between enforceability and operations..
i.e. in my view enforceable means ultimately generally comes into operations..
Or is there something else..
From India, Kolkata
Unless by declaration made under section 17A of the Act the appropriate government states otherwise it becomes enforceable on the expiry of the period of 30 days from the date of publication of the award. Such award is binding on all the parties to the industrial dispute.
Section 17A in The Industrial Disputes Act, 1947 can be referred for better understanding of the concept.
Para 2 of my above reply will clarify operation of the award and period for which award is applicable and binding on all parties.
A reading of Bare Act will be very useful for an understanding oc concepts.
From India, Pune
Section 17A in The Industrial Disputes Act, 1947 can be referred for better understanding of the concept.
Para 2 of my above reply will clarify operation of the award and period for which award is applicable and binding on all parties.
A reading of Bare Act will be very useful for an understanding oc concepts.
From India, Pune
Dear Debasish,
Award and settlement under the IDA, 1947 are legal instruments creating certain contractual rights and obligations on the parties to the industrial dispute resolved through the process of adjudication or arbitration and collective bargaining or conciliation respectively.
But the basic difference between these two sets of resolution of industrial disputes is adjudication and arbitration involves the absolute intervention of a third party who is empowered even to modify the existing terms of the contract or introduce new ones in the interest of equity and substantial industrial peace. That's why an award becomes enforceable only after the expiry of certain no of days from its date of publication in the gezette by the appropriate Government. Thus an award becomes operational only on its publication which can be described as a tacit approval of the appropriate Government concerned.
In the case of settlement arrived through direct bilateral negotiations between the parties to the dispute or through conciliation, the terms are mutually agreed mostly by the active participation of the parties in the deliberations. Therefore, the settlement comes into effect automatically from the date it is signed by the parties or the date, if any specifically mentioned therein.
In essence, "operation" refers to the duration of the subsistence of the instrument whereas "enforceability" refers to the legal sanction for its operation.
From India, Salem
Award and settlement under the IDA, 1947 are legal instruments creating certain contractual rights and obligations on the parties to the industrial dispute resolved through the process of adjudication or arbitration and collective bargaining or conciliation respectively.
But the basic difference between these two sets of resolution of industrial disputes is adjudication and arbitration involves the absolute intervention of a third party who is empowered even to modify the existing terms of the contract or introduce new ones in the interest of equity and substantial industrial peace. That's why an award becomes enforceable only after the expiry of certain no of days from its date of publication in the gezette by the appropriate Government. Thus an award becomes operational only on its publication which can be described as a tacit approval of the appropriate Government concerned.
In the case of settlement arrived through direct bilateral negotiations between the parties to the dispute or through conciliation, the terms are mutually agreed mostly by the active participation of the parties in the deliberations. Therefore, the settlement comes into effect automatically from the date it is signed by the parties or the date, if any specifically mentioned therein.
In essence, "operation" refers to the duration of the subsistence of the instrument whereas "enforceability" refers to the legal sanction for its operation.
From India, Salem
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