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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
Federal Bank Officers Association – Appellant
Versus
The Regional Labour Commissioner (Central), Kendriya Shram Bhavan, Olimugal – Respondent
JUDGMENT :
The petitioner, a Trade Union representing the officers of the Federal Bank, is before this Court seeking to declare that the conciliation officer has no jurisdiction underSection 22 of the Industrial Disputes Act, 1947 in respect of disputes which arise between the officers and the 2nd respondent-Bank. The petitioner also seeks to declare that no industrial dispute exists or is pending before the 1st respondent-Regional Labour Commissioner (Central) based on the charter of demands submitted by the petitioner to the 2nd respondent-Bank, empowering him to issue notice of conciliation.
2. The petitioner states that salary of the officers of the Bank is determined through negotiated settlements entered into between the Indian Banks Association representing the employers and the All India Bank Officers Confederation to which the petitioner-Association is affiliated. Other terms and conditions of service of officers of the Bank are governed by the Federal Bank Limited (Officers Service) Rules. The settlements arrived at between the IBA and the Confederation are not settlements under the provisions of the Industrial Disputes Act.
3. According to the petitioner, the right of the o
The Conciliation Officer lacks jurisdiction to initiate proceedings for disputes involving non-workmen, as defined under the Industrial Disputes Act, 1947.
Conciliation proceedings under the Industrial Disputes Act, 1947 can be initiated against a trade union's strike call even if its members are not classified as 'workmen', as long as they are employed....
Joint requests for conciliation can occur post-failure reports, and the Government must critically assess any settlement's validity, especially regarding claims of coercion.
The court clarified that direct prior demands are not mandatory for initiating conciliation and that the contractor-worker relationship can be adjudicated in the context of unfair labor practices and....
The court ruled that S.33(2) applies to all employers and workmen in an industrial dispute, regardless of the utility concern designation, insisting on clear compliance with statutory procedures for ....
The court upheld the principle of collective bargaining, ruling that workmen represented by a union cannot independently file claims against their union, ensuring industrial peace and effective repre....
Workers can claim back wages if dismissed without statutory approval under Section 33 of the Industrial Disputes Act, as such dismissals are deemed void.
Petitioners must represent a majority for conciliation settlements to bind all parties under the Industrial Disputes Act.
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