Persons on whom settlements and awards are binding? Section 18 of Industrial Disputes Act 1947
18. (1) A settlement arrived at by agreement
between the employer and workman otherwise than in
the course of conciliation proceeding shall be
binding on the parties to the agreement.
(2) Subject to the provisions of sub-section (3), an arbitration award] which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration.
(3)A settlement arrived at in the course of conciliation proceedings under this Act or an arbitration award in a case where a notification has been issued under sub-section (3A) of section 10A or an award of a Labour Court, Tribunal or National Tribunal] which has become enforceable] shall be binding on-
(a) all parties to the industrial dispute;
(b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, records the opinion that they were so summoned without proper cause;
(c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates;
(d) 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 and all
persons who subsequently become employed in that establishment
In section 18,- (a) to sub-section (1) the following proviso shall be added, namely :-
"Provided that, where there is a recognised union for any undertaking under any law for the time being in force, then such agreement (not being an agreement in respect of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee) shall be arrived at between the employer, and the recognised union only; and such agreement shall be binding on all persons referred to in clause (c), and clause (d), of sub-section (3) of this section." ;
(b) in sub-section (3), after the word, figure and letter "Section 10A" the words "or an arbitration award in a case where there is a recognised union for any undertaking under any law for the time being in force" shall be inserted. -Maharashtra Act No. 1 of 1972.
CHAPTER V STRIKES AND LOCK-OUTS
CHAPTER V-A LAY-OFF AND RETRENCHMENT