AI Overview...
-
Bipartite Settlement Definition and Scope - It is an agreement between employers (such as banks) and employees/unions that governs employment conditions, misconduct, disciplinary actions, pay revisions, and benefits. Misconduct must be within the scope of the settlement, and disciplinary measures must align with its provisions Union Bank of India VS K. K. Salian & another - Bombay.
-
Disciplinary Actions and Misconduct - Disciplinary proceedings, including suspension or termination, must adhere to the terms of the bipartite settlement. Acts of misconduct, such as insubordination or unauthorized trade, are considered prejudicial if they violate the settlement's clauses Union Bank of India VS K. K. Salian & another - Bombay, L. Suseelan VS Indian Bank, represented by its Chairman & Managing Director - Kerala, DEPUTY VICE PRESIDENT (HR) Vs S.ASHRAF - Kerala.
-
Retirement Benefits and Arrears - Retirees' entitlements to pay revisions, pension benefits, and arrears are determined by the bipartite settlement. Courts have upheld that benefits depend on the settlement's terms and applicable deadlines, especially regarding pay revisions from specific years (e.g., 1997, 1999). Delay in disbursement or non-payment can be challenged in courts based on these agreements A P GOPI PANICKER vs KERALA STATE ROAD TRANSPORT CORPORATION - Kerala, A MOHANAN vs KERALA STATE ROAD TRANSPORT CORPORATION - Kerala, C G REMANANANCNHILCHIRAYIL vs THE DISTRICT TRANSPORT OFFICER - Kerala.
-
Stagnation and Increment Benefits - The settlement includes provisions for stagnation increments to address long-term non-promotion, emphasizing the settlement's role in beneficial employee protections Canara Bank VS V. K. Grover - Delhi.
-
Legal Enforcement and Court Interpretation - Courts have consistently interpreted bipartite settlements as binding agreements that regulate employment disputes, including disciplinary actions, suspension legality, and benefit disbursement. They have also emphasized adherence to the settlement clauses, especially regarding timely payments and lawful disciplinary measures DEPUTY VICE PRESIDENT (HR) Vs S.ASHRAF - Kerala, N GOPALAKRISHNAN vs ASSISTANT GENERAL MANAGER - Kerala.
Analysis and Conclusion:
Bipartite settlements serve as comprehensive agreements that define employment conditions, disciplinary procedures, and employee benefits. They are legally binding and require management actions, including suspensions, terminations, and benefit payments, to conform to their terms. Disputes often revolve around whether actions taken by employers align with the settlement provisions, especially concerning misconduct, suspension, and arrear payments. Courts have reinforced the importance of these settlements in resolving employment-related disputes, ensuring employees' rights to benefits and procedural fairness are protected.
References:
- Union Bank of India VS K. K. Salian & another - Bombay
- A P GOPI PANICKER vs KERALA STATE ROAD TRANSPORT CORPORATION - Kerala
- N GOPALAKRISHNAN vs ASSISTANT GENERAL MANAGER - Kerala
- L. Suseelan VS Indian Bank, represented by its Chairman & Managing Director - Kerala
- Canara Bank VS V. K. Grover - Delhi
- DEPUTY VICE PRESIDENT (HR) Vs S.ASHRAF - Kerala
- A MOHANAN vs KERALA STATE ROAD TRANSPORT CORPORATION - Kerala
- C G REMANANANCNHILCHIRAYIL vs THE DISTRICT TRANSPORT OFFICER - Kerala
- C N VIJAYAN PILLAI vs K S R T C - Kerala
Search Results for "Bipartite Settlement"
2001 0 Supreme(Bom) 633 • India - Bombay
D.Y.CHANDRACHUD
Therefore, in the present case there can be absolutely no doubt about the fact that the act of misconduct which was complained of and which was the subject matter of the disciplinary enquiry was one which was prejudicial to the interest of Bank within the meaning of Clause 19(5)(j) of the Bipartite Settlement ... It may be noted that under Clause (a) of para 19.5 of the Bipartite Settlements, misconduct is defined to mean “engaging in any trade or business outside the scope of his duties except with the written permissio....
2011 Supreme(Online)(KER) 43572 • India - High Court of Kerala
C.T.RAVIKUMAR, J
Retirement - Writ Petition - Bipartite Settlement - Pay Revision and Pension Benefits Fact of the Case: The petitioners ... Ratio Decidendi: The entitlement to benefits was determined by the bipartite settlement and applicable deadlines based on ... Issues: Whether the retirees are entitled to arrears of pay and pension based on their retirement dates and a bipartite settlement ... Essentially, the grievance of the petitioners is with respect to the non-disbursement of the 1997 pay ....
2012 Supreme(Online)(KER) 34992 • India - High Court of Kerala
K.SURENDRA MOHAN, J
He argued that the suspension was unlawful based on the provisions of a Bipartite Settlement. ... Suspension - Employee Discipline - Act Section List - The court interpreted provisions of a Bipartite Settlement regarding employee ... Issues: Whether the suspension of the petitioner was in line with the provisions of the Bipartite Settlement and whether disciplinary ... There is no prohibition in the Bipartite Settlement against the initiation of dis....
2014 0 Supreme(Ker) 362 • India - Kerala
P.D.RAJAN
refer the disputes in terms of settlement. ... The respondents contended that the disciplinary action taken against the petitioner was due to misconduct under Rule 5 (e) and (j) of the Bipartite Settlement entered into between the Bank and the Union and there was willful insubordination, disobedience of the lawful orders of the management or of the ... Admittedly, there was a Bi-partite settlement dated 10th April, 2002 between the Management of Indian Banks and their workmen represented by All India Bank Employees Assoc....
2008 0 Supreme(Del) 268 • India - Delhi
MUKUNDAKAM SHARMA, REVA KHETRAPAL
Fifth Bipartite Settlement Clause 4(B) - Stagnation - Increment - Purpose and object of such a beneficial provision is to give benefit ... for want of due promotion for long time Stagnation increment would not be given to an employee who after the commencement of the settlement ... Settlement. ... The aforesaid Note, which is appended to Clause 4(B) of the Bipartite Settlement, was applicable immediately on the voluntary action on the part of the respondent as on the date 8th September....
2020 Supreme(Online)(KER) 45207 • India - High Court of Kerala
AMIT RAWAL, J
Disciplinary Action - Employment Termination - Industrial Disputes Act, 1947, Section 11A; Banking Regulation Act; Bipartite Settlement ... The facts leading to passing of the award and its challenge are that the terms and conditions of staff including the disciplinary action are governed by the bipartite settlement (herein after referred to as 'BPS') between the representatives of Indian Banks Association and various unions representing ... SETTLEMENT DATED 10.4.2002 EXHIBIT P3 TRUE COPY OF THE JUDGMEN....
2011 Supreme(Online)(KER) 14531 • India - High Court of Kerala
C.T.RAVIKUMAR, J
Pension - Retirees - Bipartite Settlement - Section Referenced - Summary of Legal Framework Fact of the Case: Retirees ... Issues: Whether retirees are entitled to arrears of pay and pension as per a settlement, based on their retirement dates. ... a transport corporation filed a writ petition for non-payment of pay and pension arrears due to a 1997 pay revision, based on a settlement ... The petitioners claim arrears of pay and pension based on the Bipartite Settlement executed betw....
2011 Supreme(Online)(KER) 9529 • India - High Court of Kerala
C.T.RAVIKUMAR, J
Issues: Whether retirees are entitled to arrears based on the bipartite settlement from 1999? ... transport corporation, sought arrears of pay as per a bipartite settlement from 1999, applicable since 1997. ... Entitlement - Arrears of Pay - Bipartite Settlement - Sections 1, 2 Fact of the Case: Petitioners, retirees of a ... (C).No.34325 of 2010 and connected matters filed by similarly circumstanced persons, the Corporation was directed to disburse the arrears based on 1997 pay revi....
1999 0 Supreme(AP) 338 • India - Andhra Pradesh
S.R.NAYAK
SERVICE LAWS - Bank - Vth Bipartite Settlement, Cl.17 (a) - Employee absented himself without prior permission and ... ... ( 3 ) THE impugned action is admittedly taken under the enabling Clause 17 (a) of the Vth Bipartite Settlement. ... Therefore, it can safely be said that the Management of the Bank could invoke the enabling provision contained in Clause 17 (a) of the Vth Bipartite Settlement and pass appropriate order. ... There forward, the first respondent issued n....
2011 Supreme(Online)(KER) 18073 • India - High Court of Kerala
C.T.RAVIKUMAR, J
dates as per the bipartite settlement, ordering timely disbursement of dues with stipulated interest for delays. ... Entitlement - Retirees - Bipartite Settlement - 13.4.1999 - The court found that retirees' benefits depend on their retirement ... Issues: Whether the retirees are entitled to benefits based on their retirement dates according to the bipartite settlement ... Indisputably, the entitlement to the benefits flowing from the bipartite settlement#H....
Filter by Legal Phrase
