Dear counsellors/solicitors
the following is an example of a unfair labor practice in an reputed industrial unit.
a confirmed employee with 10 yrs of finished service was on long leave and he was dismissed by conducting an absential enquiry from the company.
later,the employee moved to the concerned labor department along with union and got his services reinstated with the same contnuation of service along with the same employment number after 2yrs of gap.
my question is, the company had a policy of an award after the completion of ten years of service.annual incriment policy was also exisiting.
when the employee
went on long leave, he had done his 10plus some months of service and the ten yrs service award along with the yearly incriment was not given to him.
now,the employee has been reinstated with a condition of agrement as per industrial disputes act a proforma of two party agreement of memorandum of understanding along with the witness of office bearers of unioon,that the gap yrs of service shall not be accounted and someincriments shall be cut ,will he be eligible for the award and previous pending incriment before he went on leave.
if the management denies it, can the case be taken and shall we approach the labor department.till what date it shall be valid to appeal the labor authorities?
please clarify and send your valuable advices.
thanks and best regards
Rashmiramanath
The agreement reached between the parties is binding on them. Breach of settlement is an unfair labour practice. There is no time limit for filing a complaint or raising an industrial dispute but there should not be an unexplainable delay. The employee can enforce the terms of settlement in civil law as well.
