Section 5A in U.P. Industrial Disputes Rules, 1957
5A. Memorandum of settlement before a Board.
(1)In any case where a Board is successful in bringing about an amicable settlement between the parties, it shall prepare a memorandum in Form I-A stating the terms of settlement arrived at, and the Chairman of the Board shall send copies thereof to the Sachiv to Government, Uttar Pradesh, Labour (A) Department, Lucknow, the Labour Commissioner and the parties concerned within seven days (excluding holidays but not annual vacation observed by the Courts subordinate to the High Court) of the close of the proceedings.(2)Where no amicable settlement can be reached on any of the issues, the Chairman of the Board shall send to the Sachiv to Government, Uttar Pradesh, Labour (A) Department, Lucknow and the Labour Commissioner, a full report setting forth the steps taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing about an amicable settlement thereof.(3)The report under sub-rule (2) above shall be submitted by the Chairman of the Board within thirty days (excluding holidays but not annual vacation observed by Courts subordinate to the High Court) of the date on which the reference was made to the Board :Provided that the State Government may extend the said period from time to time.(4)The memorandum under sub-rule (1) or the report under sub-rule (2) above, shall be signed by the Chairman of the Board and such members as may be present :Provided that the memorandum under sub-rule (1) above, shall also be signed by the parties to the dispute or their authorized representatives :Provided further that nothing in this rule shall be deemed to prevent any member of the Board from submitting a dissenting report.(5)The Conciliation Officer shall file all settlements arrived at before him either in the course of conciliation proceedings or otherwise in respect of dispute in the area within his jurisdiction in a register maintained for the purpose in Form II.(6)The State Government may, subject to the provisions of clause (ii) of Section 7, enforce by an order in Form III, any settlement arrived at before a Board in the course of conciliation proceedings.
