Name - Pratham Saxena

Roll no. - LS/BBALLB/1601/008

Subject: Labour and Industrial Law-I
Course: BBA LLB
Semester: VIII
Paper Code: BBA LLB-802

Questions for Online Mid Term Examination:

1. What do you mean by Industrial Dispute? What is the difference between

Personal dispute and Industrial Dispute? Discuss

A. Industrial dispute is mentioned under section 2(k) of The industrial Disputes Act 1947
means any dispute of difference between employees and employers or between
employers and workmen or between workmen and workmen, which is connected with
the employment or non-employment of the terms of employment or the conditions of
work of any person.
Every human being has certain requirements/needs e.g., economic needs, social
needs, security requirements. When these requirements do not get satisfied, there
arises a conflict between the worker and the capitalist/employer.

S NO. INDIVIDUAL DISPUTE INDUSTRIAL DISPUTES

1. Whether a single workman who is Industrial Dispute is defined under

aggrieved by an action of the Section 2(k) of the Industrial Dispute
employer can raise Industrial Act, 1847. “Industrial dispute” means
Dispute. Section 2(k) of the any dispute or difference between
Industrial Act, 1947 speaks of a employers and employers, or between
dispute between employer and employers and workmen, or between
workmen. i.e. Plural form is used. workmen and workmen, which is
connected with the employment or non-
Before insertion of the Section 2A employment or the terms of employment
of the Act, an Individual Dispute or with the conditions of labor, of any
could not per se be an Industrial persons.”
Dispute but it becomes one if taken
up by the Trade union or a number
of workmen.
to the dispute.

2. An Individual Dispute to be To constitute Industrial Dispute

declared as an Industrial Disputes, following elements are to be satisfied -
The following Conditions are to be
satisfied – 1) A dispute Between Employers and
employers or employer and workmen or
 (1) A body of workmen ( Trade workmen and workmen.
Union)or a considerable number of
workmen are found to have (2) The Dispute should be connected
common cause with the Individual with employment or non-employment or
workman. terms of employment or conditions of
labor of any person.
(2) That the Individual dispute was
taken up or sponsored by the (3) The Dispute may be in relation to any
workmen as a body ( trade union) workmen or any other person in whom
or by Considerable Section of them they are interested as a body
before the date of reference.

CASE LAW

Chandrakant Tukaram Nikam and others vs. Municipal Corporation of

Ahmedabad and another : It was held by the Supreme Court that the Jurisdiction of
the Civil Court was impliedly barred in cases of the dismissal or removal from
service, The appropriate forum for such relief was one constituted under Industrial
Disputes Act, 1947.

2. What do you mean by Disablement? Discuss the various forms of Disablements

as given under the Employees Compensation Act 1923?

A. The expression "disablement" means loss of capacity to work or to move.

Disablement which reduces the earning capacity of an employee. Injury caused to an
employee by an accident resulting in the loss of earning capacity is technically called
disablement. In other words, a person is incapacitated to work or to move as a
consequence of an accident.
The various forms of Disablements as given under the Employees Compensation Act
1923 are :
1. PARTIAL DISABLEMENT- It means where the disablement is of temporary
nature, such disablement as reduces the earning capacity of a workman in the
employment he was engaged at the time of accident resulting in the disablement, and
where the disablement is of permanent nature, such disablement as reduces the
earning capacity in every employment which he was capable of undertaking at that
time provided that every injury specified in Part II of Schedule I is deemed to result in
permanent partial disablement.
2. TOTAL DISABLEMENT- It means such disablement, whether of a temporary or
permanent nature, as incapacitates a workman for all work which he was capable of
performing at the time of accident resulting in such disablement provided that
permanent total disablement is to be deemed to result from every injury in Part I of
 Schedule I or combination of injuries specified in Part II where the aggregate
percentage of loss of earning capacity amounts to one hundred percent or more.

Case Law

In the case of Ball Vs. William Hunt 1912 A.C. 496 , an employee was blind in one eye but
they did it was not visible. After sometime he suffered an Employment injury necessitating
the removal of the eyeball of the injured eye, consequently, as a result of this visible defect he
could not get employment although he was physically capable of doing any job which he
could do before the accident. It was held that incapacity for work includes 'liability to work'.