Legal Question in Employment Law in India

We have a tri-partite agreement (Union, Management & RLC) on departmental selection from grade-III to grade-IV. It states that candidates in grade-III having induction level qualification of grade-IV & completed 2 years of services in grade-III are eligible to go to grade-IV. Later our Union made a bi-partite agreement with our Management which states that candidates in grade-III having induction level qualification of grade-IV & completed 4 years of services in grade-III are eligible to go to grade-IV. My question is which agreement is legally valid. Our Management also is not maintaining any one of the above two agreements. So in this case what we can do to force our Management to maintain any one of the above agreement.


Asked on 7/12/12, 8:12 am

2 Answers from Attorneys
Global Legist Advocate & Legal Consultants

Hello,

We need to inquire few facts before answering your question. Please answer the following:

Validity depends on the role of RLC. Please Specify RLC.

Is, there any clause in previous agreement regarding changes in agreement, dependability of the changes etc.

Previous Agreement was the final agreement ?

under what circumstances changes were allowed to be made to the previous agreement ?

Do, management have sole discretionary power in this matter ?

With Regards

Global Legist

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Answered on 7/12/12, 2:08 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may go for a suit for specific performance of agreement.

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Answered on 7/12/12, 8:43 pm


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