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.