58. Memorandum of settlement
(1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in Form H.
(2) The settlement shall be signed by –
(a) in the case of an employer, by the employer himself, or by his authorized agent, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the corporation;
(b) in the case of the workmen, by any officer of a trade union of the workmen or by five representatives of the workmen duly authorized in this behalf at a meeting of the workmen held for the purpose;
(c) in the case of the workman in an industrial dispute under section 2A of the Act, by the workman concerned.
Explanation: In this rule “officer” means any of the following officers, namely:
(a) the President;
(b) the Vice-President;
(c) the Secretary (including the General Secretary);
(d) a Joint-Secretary;
(e) any other officer of the trade union authorized in this behalf by the President and Secretary of the union.
(3) Where a settlement is arrived at in the course of conciliation proceeding the Conciliation Officer shall send a report thereof to the Central Government together with a copy of the memorandum of settlement signed by the parties to the dispute.
(4) Where a settlement is arrived at between an employer and his workmen otherwise than in the course of conciliation proceeding before a Board or a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof to the Central Government, the Chief Labor Commissioner (Central), New Delhi, and the Regional Labor Commissioner (Central) and to the Assistant Labor Commissioner (Central) concerned.
