Performance Management Analysis

2418 words - 10 pages

COMMENCEMENT & MODIFICATION OF AWARDS

Group 11
Rituparna Mallick H13097 Sanika Gokhale H13101 Saurav Kumar Das H13105 Sourabh Sanyal H13110 Sreedipto Bhattacharya H13111

WHAT IS AN ‘AWARD’?
‘Award’ means an interim or final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Tribunal. It also includes arbitration award made under section 10A.

AWARD VS. SETTLEMENT
Award
1. 2. It is a decision of the Arbitrator, Labour Court or Industrial Tribunal. The Arbitrator, Labour Court or Industrial Tribunal resolves the problem hearing the arguments from both sides.

Settlement
1. 2. It is arrived ...view middle of the document...

2. Subject to the provisions of section 17A, the award published under sub- section (1) shall be final and shall not be called in question by any Court in any manner whatsoever.

SECTION 17A: COMMENCEMENT OF THE AWARD
1. An award shall become enforceable on the expiry of 30 days from the date of its publication . In case of Labour Court or Tribunal – The Appropriate Government In case of National Tribunal – Central Government

Provided that—
a) b)

Is of opinion, that it will be inexpedient on public grounds affecting national economy or social justice Declare that the award shall not become enforceable on the expiry of the said period of thirty days.

MODIFICATION OF AWARD
2. Where any declaration has been made in relation to an award

Appropriate Government or Central Government may, within 90 days from the date of publication of the award
Make an order rejecting or modifying the award

And shall, on the first available opportunity, lay the award together with a copy of the order before the State Legislature or before Parliament.
Note: Sub-section(2) of s .17 A gives power to the Government to modify or reject an award within stipulated time

DATE OF ENFORCEABILITY [ SECTION 17 A.(3)]
Any award which is Rejected or Modified under sub- section (2)

• Shall become enforceable on the expiry of fifteen days from the date on which it is so laid; And where no order under sub- section (2) is made
• the award shall become enforceable on the expiry of the period of ninety days referred to in sub- section (2).

4. Subject to the provisions of sub- section (1) and sub- section (3) regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforceable under subsection (1) or sub- section (3), as the case may be.

ON WHOM IT IS BINDING
i. ii. iii. iv. All the parties to the industrial dispute; All other parties summoned to appear in the proceedings as parties to the dispute unless they were so summoned without proper cause; Where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assignees in respect of the establishments to which the dispute relates. Where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who were employed in the establishment or part of the establishment , as the case may be, to which the dispute relates on the date of the dispute & all persons who subsequently become employed in that establishment or part.

BINDING PERIOD
i. ii. iii. An award is binding & will come into operation on the expiry of 30 days from the date of its publication. It will remain in operation for a period of 1 year from the date on which the award becomes enforceable. Government may reduce the said period & fix such periods as it thinks fit. The government may also extend the period...

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