27th February

 Difference between lockout and closure

In case of closure, business itself ceases to continue whereas, in case of lockout, it is
only temporary suspension with probability of revival of undertaking activity or
business. Lockout: employer-employee relationship remains in existence Closure: it
comes to an end

 Wages
If illegal, then entitled to wages. Industrial tribunal will decide whether lockout is
illegal or not. HC, under Art. 227, cannot conduct inquiry regarding legality because
primary function has to be discharged by the authority over which the function has
been imposed. HC can check the validity of the order passed by IT.

 Disciplinary proceedings (suspension) and lockout

Suspension: entitlement of wages; lockout: no wages
Disciplinary action or suspension or termination is only against proved misconduct or
misconduct under inquiry; lockout: misconduct has no bearing upon the action of
employer to declare lockout.

 Whether strike and lockout can be declared at the same time?

There is no prohibition under IDA, 1947, prohibiting strike and lockout at the same
time, nor there is any case-law regarding the same.

 What happens when both strike and lockout are illegal?

No wages are to be paid in the situations where both the parties are acting in
contravention of provisions of IDA.

 Ex gratia basis
Claiming something to which you are not entitled and the grant of it is dependent on
the absolute mercy from which it is claimed. It cannot be claimed as a matter of right
and no parity can be claimed. No parity in charity.

 Whether the govt. can extend the lockout period?

No provision under IDA, which empowers the govt to prohibit or extend lockout other
than, the reasons mentioned in the Act, but Maharashtra and Karnataka have amended
their IDA, which empowers them to do so.

 Bond is always a personal obligation; if an obligation has not been followed, a

stipulated penalty or compensation has to be paid.

 Express Newspapers Ltd. v. Workers (1962)

Restrictions in case of lockout are well contained in secs 22 & 23 which are
applicable upon strike also. Therefore, IDA, 1947, intends to establish a balance
between conflicting claims of the parties, i.e., the employer and employee.

 A person employed somewhere under IDA and Factories Act, 1948, cannot be
employed anywhere else if he is already working with a particular employee unless
the standing order of that industry permits so. A person cannot be employed on a
single day at two different industries or factories.
 Employment shall start only if a workman starts to act under the control of the
employer with expectancy of wages, otherwise there cannot be any employment.

 If a workman who is employed for a fixed period of time under the contract of
employment, wants to leave the employment before the termination of the said period
and join another place, then injunction can be sought against the third party who is
employing the employee restraining him from employing.
VV Deshpande v. UOI: injunction can be issued against the employee. Injunction has
to be issued against a particular person, cannot be issued against the world.

 Misconduct has to be defined under standing order and there cannot be any act of
misconduct outside the definition which has been accepted by the parties in the
standing order. Employer shall decide whether misconduct has taken place or not.
Industrial tribunal or any other authority cannot interfere.

 Whether terms of contract can de altered unilaterally?

Unilateral alteration in terms of employment is possible only if the same has been
agreed upon by the parties at the time of entering into contract and there is nothing
under IDA and Standing Orders Act, 1946 which prohibits the same. Eg., standard
form contracts.

 Lakshmi Devi Sugar Mills v. Ram Sarup (1957)

 Whether there can be a lockout where the employees are being paid?
This is not possible. Absence of payment is necessary for lockout.

28th February

LAY-OFF

 Sec 2(kkk)

 Lay-off: Inability or failure to provide employment due to reason outside the control
of the employer. 50% wages are to be paid for the time period lay-off continues.
Lockout: Deliberate action of employer. No wages unless illegal.

 ‘failure, refusal or inability’: It must be in such a nature to be out of the control of

employer

 ‘to give employment’: absence of work + absence of payment.

 High prices shall not amount to shortage. Shortage means that it is not available in the
market. Financial incapacity of the employer cannot be a ground for lay-off.

 ‘breakdown of machinery’: it may have become unsafe for operation by workman,

due to some defects it is not operating to its full capacity.

 It is not possible to conduct any inquiry by any court or tribunal regarding that the
employer could have prevented this inability by being vigilant.
 ‘for any other connected reason’: if reason is such that it is preventing the
production.

 Section 25D: requirement to maintain muster rolls by employer.

Three things to be maintained: Attendance register; Muster rolls (record of persons
being employed, permanent, temporary, contract-based, regular, etc.); Record of
employment (record of terms and conditions of employment
Payment of wages is not dependent upon the name being there on the muster roll,
rather it is the attendance register which will determine.
Those persons whose name is there on the muster rolls are entitled for:
1. Benefits under IDA
2. Employee Stock Insurance Act
3. PF and gratuity
It is not possible that one’s name is there on the muster rolls and not on record of
employment.
Standing order: set of conditions agreed on by both parties; certified by the authority.
Record of employment: not agreed by both parties. Unilaterally kept by the employer.

 Industrial establishment (to be discussed under Sec 25).

 ‘retrenchment’: removed from service. A workman removed from service can raise
industrial dispute depending upon the time the dispute arose.

 For lockout presence of workman at the workman is not necessary. For lay-off, the
workman has to make himself available on each and every day as provided in the
Explanation.

 Lay-off will start from the time from which the workman makes himself available.
The two hours are included in the lay-off.

 Second proviso will not be applicable until first proviso has been applied.

 Second proviso: 50% of first shift, full wages for second shift.

1st March

 Integration test: where there is a process which shall be complete only after
combining different activities, in such a case if one of them is missing, process cannot
be completed and it shall be a valid ground for declaration of lay-off.

 Karibetta Estate v. Rajamanickam (1960)

 Tatanagar Foundry v. Workmen (1962)

Three important ratios:
1. Rule of ejusdem generis is applicable for interpreting any other reason
meaning that it has to be interpreted in light of words used in 2(kkk).
2. Financial incapability is not a ground for lay-off.
3. Where lay-off is a result of victimisation (discrimination between workmen),
it is not valid.
 Lay-off: refusal to give employment and not temporary closing. Lockout: temporary
closing.

 Section 25A
For applicability of lay-off, atleast 50 workmen.
Intermittent: Pre-fixed gap between two breaks.
Seasonal v/s. temporary.
Industrial tribunal or labour court does not have the power to decide whether the
industry is seasonal or temporary. It is the appropriate government (govt which
controls the activities undertaken by the industry and depends upon the nature of the
activities).

5th March

Associated Cement Co. v. Workmen (1960)

Difference between Industrial tribunal and appropriate government on one hand, and
labour court on the other hand, is that the first two authorities exercise quasi-judicial
functions which are not subject to statutes like CPC, CrPC but such authorities are
bound by rules of natural justice and equity meaning thereby that they cannot pass
blanket orders or unreasonable/silent orders.

Power of lay-off a workmen is inherent or not?

Inherent power under a statute means power exercised by the authority established in
order to ensure that the objectives of that legislation are achieved and to prevent abuse
of court process and to prevent failure of justice. Inherent power cannot be exercised
to facilitate any power already provided nor it can be exercised against an existing
provision of the statute.

Power to declare rules: appropriate government

Sec 104, TOPA: HC can make rules

Employer is authority under IDA for disbursement of wages and deduction of wages,
and for termination.

Workmen v. Firestone Tyre & Rubber Co. (1976)

Power to lay-off must be expressly provided in the contract of service or in the
standing order. If not provided and the employer is unable to provide employment, the
employees are entitled to full wages and not just 50%.

 Section 25B
Continuous service: 240 days actually worked in one year.
SLASLC + LLDM
Sickness, authorised leave, accident, legal strike, illegal lockout, cessation of work
which is not because of any part of workman
Period of lay-off, leaves earned in past year, disablement due to accident in the
industry, maternity leave
These will be included in continuous service. Any other leave will not be covered in
the 240-days time period.
If a person is not in continuous service, he is not entitled to lay-off compensation.
 No requirement of one year working period, 240 days must be completed.
Overtime (working on holidays) will be included in actually worked.

6th March

Employer must be same. Employer and owner need not be same. Transfer within the
industry from one unit to another will not amount to change continuous service. In
govt. entities, whoever has been designated as employer shall be the employer.

Ramakrishna Ramnath v. Labour Court (1970)

There is no requirement for the employee to work for 240 days in each year of
employment. Section 25B talks about the preceeding 12 months only.

Surendra Kumar Verma v. CGIT-cum Labour Court (1981)

imp
Workmen of American Express IBC v. Management (1985 SC)
Holidays for which the employee is paid are included in the 240-day period.

Criticism of the judgment by EM Rao

There is no reasonable justification in SC’s decision turning ‘actually worked’ into
‘paid for’ as had it been the intention of the Legislature, they could have done it easily
by mentioning 365 days instead of 240 days or paid days instead of actually worked
days as mentioned in Sec 25B(2).

Chairman ONGC Ltd. v. SC Bhowmik (2006)

Indian Evidence Act is not applicable on IDA. Central Industrial Disputes Rules, 1957
is applicable. For state undertakings, different rules may be applicable.

 Section 25C
Requirement of continuous service of one year. Some states do not require continuous
service of one year. Eg., Karnataka, minimum requirement of 6 months and 120 days

Badly workman: employed in order to substitute any regualr workman for a short
period of time due to absence of regular workman. Once, a badly workman completes
240 days in service, he ceases to be a badly workman and becomes a regular
workman.
Casual workman: workman employed casually meaning that there is no continuity of
employment of such workman. It is different from temporary workman as temporary
workman are employed for a fixed duration (contract basis) whereas in case of casual
workman, there is no pre-fixed time limit for employment.
Contract workman: supplied by third party on contract basis who is responsible for
him as an employer.

Proviso: if there is no agreement, the employer will be liable to pay compensation for
all days, there is no limit. [Generally, in every contract of employment, clause 9 talks
about lay-off]

Second Proviso: [retrenchment compensation – 15 days of salary for every year of

employment; retrenchment is removal from service].
 Lay-off compensation shall be payable only after completion of the lay-off period.

 Section 25D
Sec 31(2): penalty for contravention

7th March

 Section 25E

Can there be any industrial establishment which is not industry? (see Expl. Sec 25A)

No test to decide if a unit falls under same establishment or not.

Factors to be taken into consideration:
1. Same employer
2. Uniformity or unity in purpose
3. Unity of activity
4. Geographical proximity
5. Terms and conditions of employment
6. Rules applicable
7. Appropriate govt. for different parts of the industry
8. Presence of standing orders for different parts of the industry

Whether ownership is required for the purpose of industry?

Employer may not be same for all workmen.
Same establishment does not require that there must be a single employer for an
industry as there may be different parts or units undertaking different kinds of
activities which may require different controlling authorities with different sets of
regualtions applicable to them.
For the purpose of same establishment, it is immaterial that there are two different
units situated at two different places because in such a case test of unity of activity
may be applied which says that if a process contains different actvities and cannot be
completed unless such activities by themselves are completed and it is called unity of
activities under industrial law.

The employee must make himself available on each and every day to get
compensation.

Belonging to the employer means industrial activity in the establishment is under the
control of the employer and can cease to exist the very moment the employer decides
otherwise.

Cognizance of a matter cannot be taken by any authority suo moto in matters of civil
disputes between two private parties as none of the statutes provide for suo motot
cognizance of civil disputes including IDA and Factories Act.
Once a dispute has been raised under Sec 2(k

City Compensatory Allowance (CCA)

If there is any specific statutory allowance payable to any workman in light of
contract of service or standing order, in such case it shall be the duty of the employer
to compensate the workman or employee for the difference of CCA or any other
 allowance between two places: place of his employment and place of offered
employment.

12th March

Punishment inflicted by way of disciplinary action

For disciplinary action: Misconduct, authorised action
What will amount to misconduct is to be provided in the standing order.
If there is any contradiction between contract of service and standing order, standing
order shall prevail.

Voluntary retirement
Bengal Nagpur Cotton Mills v. J Bastion

Superannuation

Contractual termination
Is not retrenchment.
Mohan Lal v. Management, Bharat Electronics Ltd. (1981)
There can be retrenchment in the probation period, no compensation.

LIC v. Raghavendra Kulkarni (1998)

Rule 14 in LIC Service Rules (Ganga clause)

CM Venugopal v. LIC (1994)

Haryana State FCCW Store Ltd. v. Ram Niwas (2002)

Continued ill-health
Anand Bihari v. RSRTC (1991)
SC: they should be granted ex gratia compensation.

Casual workers
SM Nilajkar v. Telecom District Manager (2003)

13th March

Monthly salary 10,000. Total service in employment: 2 years. What shall be the
compensation without notice? 20,000
Back wages: to be paid where employer was in default.

14th March

CLOSURE

 Sec 2(cc)

 Permanent: no possibility of reinstatement.

 Place of employment and industry are different concepts. Industry is a wider term. For
a truck driver, during the duration of the journey, the whole route would be the place
of employment.

 Closure can be done in part of the industry also. Closure is against the activity.
Closure can be done in stages. Last man’s retrenchment will be closure.

 The motive cannot be taken into consideration. The closure must be genuine and bona
fide.

 Express Newspapers Ltd. v. Workmen (1962)

16th March

 Whether a person who has been terminated on retrenchment can claim reinstatement
and compensation under Sec 25F? No, either of them can be claimed. Back wages can
be given with reinstatement.

 After closure, there cannot be an industrial dispute. Sec 2A does not cover
compensation. For any dispute relating to compensation, the workman needs the
support of substantial no. of workmen or trade union. After closure, for a dispute
related to compensation, the workman can raise the dispute individually because after
closure, the industry ceases to be an industry and the dispute will not be an industrial
dispute. Any dispute, whether it is industrial dispute or not, if it is related to an
undertaking which has been an industry has to be entertained by Industrial Tribunal or
Labour Court (Central Industrial Dispute Rules, 1957).

 Sec 25FFF
This is a condition subsequent whereas in retrenchment, compensation is a condition
precedent. Every workmen are being removed, while in retrenchment there can be
removal fo any no. of workman. For retrenchment, the industry is alive and the
dispute is industrial dispute. Here, the industry is closed and there can be no industrial
dispute.
Sec 25FF and 25FFF, it is a condition subsequent. Under Sec 25FF, if compensation
is not paid, it can be raised as industrial dispute as the industry is being transferred
and not being closed. The dispute can be raised against the transferee employer only.

Can an industry be transferred in parts? Yes, but it will not be transfer of industry but
will be transfer of undertaking. In case of transfer of undertaking, an industrial dispute
may be raised against the transferee employer only because in case of transfer of
undertaking which is capable of completing an activity by itself, there need not to be
transfer of whole industry.

1. Reduction in the income of the industry

2. Reduction in the annual turnover of the industry
3. Reduction in sales of products or services
Shall not amount to reasons beyond the control.

Proviso treats at par the employees who have worked for different tenures. All will be
paid compensation for 3 months.
 18th March

Last Come, First Go

 Retrenchment shall be by seniority.

 Sec 25G to be read with Secs 25F and 2(oo).

 Every industry is an industrial establishment but not vice versa.

 For IDA – Category or Class means terms and conditions of employment are same.
Grade means scales of pay

 It is not possible to exempt a single workman in the standing order.

 Qualification includes educational qualifications and experience.

19th March

 Sec 25H
Application of Sec 25F is not necessary.
Can there be retrenchment which is not covered under Sec 25F? only in one
circumstance, when the workman has not served for a continuous period of one year
(240 days).
Whether a person at a regular post who was retrenched and then the post was made a
contractual post, Sec 25H will still be applicable? Even if nature of the post is
changed from regular to contractual, Sec 25H will be applicable. Sec 25H has not
provided the nature of job. The functions should be same. If the qualifications for the
job have changed, Sec 25H shall not be applicable.
“in such manner”: Notice to the retrenched is required, public advertising shall also be
sufficient.
Reinstatement: Restoring the postion; Re-employment: may or may not restore the
original position. Back wages may or may not be awarded in reinstatement.
Continuity of services: may be claimed under reinstatement and not in re-
employment. No benefits arising during the period of termination cannot be claimed.
Both reinstatement and compensation cannot be provided. If a person has been
reinstated, no compensation is to be given.

Central Bank of India v. S Satyam (1997)

SECTION 17B

 There cannot be any appeal against the award of the Labour Court, Industrial Tribunal
or National Tribunal. No review, no reference, no revision.
Arts 32, 226, 227, 136 are proceedings under this provision. This section is for
pendency of proceedings before HC and SC only. For Art. 32, Art. 19(1)(g) is to be
claimed. Continuity of employment without arbitrary interference is a FR under Art.
19(1)(g).
 23nd March

UNFAIR LABOUR PRACTICES

 Secs 2(ra), 25T, 25U

 Whether contravention of any provision of IDA is unfair trade practice? No, penalties
are prescibed for contravention of provisions.

 Only Maharashtra has a state law for unfair labour practices, Maharashtra Prevention
of Unfair Labour Practices Act, 1971.

 The list under Fifth Schedule is not exhaustive.

 Trade unions: stakeholders in an industry.

 There cannot be an industry without an employee, there must exist employer-

employee relationship.

 Any officebearer of the trade union can be held liable for committing unfair labour
practice under Sec 25T.

 L.H. Sugar Mills v. Its Workmen (1961)

 Tulsipur Sugar Co. Ltd. v. Its Workmen (1966)

 Metal Box India Ltd. v. The Association of Engineering Workers Union & Ors. (2001)
Lockout against illegal strike is not illegal.
There cannot be two punishments for the same cause of action. Illegal lockout can be
unfair labour practice but Sec 26 and Sec 25U cannot be applied together, one has to
be chosen.

 Relief can be granted even if not prayed. An issue can be added

Before Industrial Tribunal, there are points of determination and not issues or charges.

 ONGC v. Petroleum Coal Labour Union

 Sudarshan Rajpoot v. UPSRTC (2015)

 Alleging of false allegations against the employer or employee is victimisation.

 Bharat Iron Works v. Bhagubhai Balubhai Patel (1976)

 Burden of proof is always attached to right to begin (to begin upon a particular issue).
No inference can be drawn relating to unfair labour practice, evidence is to be given.
 26th March

TRADE UNION

 It is not necessary that a person is not required to be a workman to be a member of the

trade union, the person needs to be an employee. Part-time workman is also covered.

 Chamber of Commerce: example of trade union consisting of only employers.

 Can officials be a member of trade unions? Yes, possible after the case of 2002.

 Prisoners cannot be a member of the trade union, he is disqualified by law.

 A person cannot be a member of more than one trade union at the same time.

 Definition of trade union: Sidney & Beatrice Webbs. Wage – Anything which is
payable by the employer in lieu of employment.

 Functions of Trade Unions:

1. Representation
2. Negotiation
3. Information – Advise
4. Education – Training
5. Member Services
6. Legal & Financial Assistance

 Representation includes execution of documents.

 A person can resign from the membership of the trade union. After resigning, the
trade union cannot represent the person even if the matter arose before the resignation.

 Member services are not the services provided after payment of fees.

27th March

 Employees and employers cannot be members of the same trade union.

 After becoming a member of the trade union, the person loses his right to settle and
right to raise dispute individually.

 Sec 2(h) of Trade Unions Act: ‘Trade Union’. ‘imposing restrictive conditions’ –
trade union can impose restrictions on the employer as well as employee.

 Federation: all the trade unions which are the members of the federation retain their
individualism.

 Sec 2(g): ‘Trade Dispute’ and ‘Workmen’. The difference between trade dispute and
industrial dispute is that industrial dispute can also be raised by a substantial no. of
workmen, if the industrial dispute is supported by trade union, it becomes trade
 dispute. Also, for industrial dispute industry is necessary, trade dispute can be related
to trade also.

 Compulsory Trade Unionism – Closed shop: there is only one trade union and its
membership is required to be employed. Union shop: there are no. of trade unions and
membership of one of them is required. Compulsory trade unionism is not there in
govt. undertaking in India because these undertakings have their own rules and IDA
and TRA are not applicable to them.

 There are 6 categories of trade unions. Craft Unions: Membership depends on the skill
or profession, work done by the member is the criteria. General Unions: No
membership criteria; in India there is no major industry which has recognised any
general union. Industrial Unions: industry-wise, nature of industrial activity as a
whole, the work of the member is not taken into consideration, any person involved
with the industry. Any person below third grade is blue collar employee.

 Trade dispute can be raised even if there is no employer as it also includes trade.

28th March

 History of Trade Unionism

First trade union in the world, but was not registered – National Association for
Protection of Labour (John Doherty), 1830 (UK)

First trade union which was registered – Grand National Consolidated Trade Union,
1834

Factories Act, 1881 – did not recognise trade union but for the first time, allowed
association to raise dispute.

Indian National Congress is not a trade union under the meaning of Sec 2(h), but it
can raise dispute if it is recognised as trade union. Registration is not a pre-condition
for recognition.

First trade union in India (restricted to textile industry only in Bombay) – Bombay
Millhands Association (NM Lokhande), 1890

First trade union of India – Madras Trade Union (PP Wadia), 1918 – operative
throughout India and open to workmen of all industries.

Madras Textile Labour Union v. Binny & Co. Ltd. (1920, Madras HC)
Injunction against trade union in textile industry that the trade union shall not operate
in such a manner which may incite the other workmen to break their contract of
employment with the employer. (Such an injunction cannot be issued today because
of Sec 18 and 19 of Trade Unions Act, 1926, civil immunity as against Sec 27, ICA)

Royal Commission on Labour, 1929

[There have been two Labour Commissions in independent India – 1969 and 2002]
Central Industrial Disputes Rules, 1958
 It is compulsory for the employer who has been employed more than 100 employees
and there exists trade union in that industry, to provide room for the office of the trade
union.

 Trade unions were recognised as stakeholders by the govt. in 1951.

 Compulsory recogntion: Maharashtra Recogniton Act, Kerala Rules and Orissa Act.

 Germany, Sweden and Canada do not permit the trade union to be associated with any
political party.

29th March

 Recognition of trade unions in India

Code of Discipline was only MoU, not enforceable.
If there are more than one trade unions exist, which should be recognised in the
absence of secret ballot. National Commission on Labour (2002) – trade union with
66% of the employees as members should be recognised and such a trade union shall
be known as single negotiating trade union. The employer need not consult any
minority trade union in such cases where there is a single negotiating trade union.

30th March

 Registration of trade unions

Sec 4 – Mode of registration
Sec 6 provides a list of rules for the trade union.
Sec 43 of IPC, Sec 23 of ICA
To amend the objects of trade union the approval of Registrar is required.
Subscription fees can be deducted from salary.

9th April

Ram Prasad Vishwakarma v. Industrial Tribunal (1961)

Convenience brought by collective bargaining differentiates it from other instruments
as here employer is not bothered with individual agreements.

Bharat Iron Works v. Bhagubhai Balubhai Patel (1976)

Collective bargaining free from polluting factors shall help in achieving industrial
peace and harmony as it is useful for settlement of industrial disputes because of its
nature itself.

10th April

Recognition and Validity of Collective Bargaining:

 Art. 2 of ILO Declaration on Fundamental Principles and Rights at Work (1998)

 Sec 18 of IDA

 The term ‘collective bargaining’ has not been used in any domestic legislation.
 Workmen of Dimakuchi Tea Estate v. The Management of Dimakuchi Tea Estate
Collective bargaining has to be recognised as method of ID settlement as IDA and
Trade Union Act does not prohibit adoption of measures other than what have been
prescribed.

 Trade Union Act, 1926 (TUA)

DN Banerjee v. PR Mukherjee (1951)

 Art. 19(1)(c) of Constitution of India

 In India, a non-citizen can be office bearers of a trade union but the no. of such non-
citizens must not be more than 50% of the office bearers.

 Any settlement entered into by an employer with a trade union which is not registered
but is recognised by the employer cannot be enforced under IDA or TUA, however, it
can be enforced as a contract under ICA.

 All India Bank Employees Association v. National Industrial Tribunal (1961)

Process of Collective Bargaining:

 There is no required process or formality for collective bargaining.

 First step, generally, is to identify the scope of collective bargaining.

 Subject matter is industrial relations.

 Discussion is between the employer and the trade union.

 Enforcement of settlement cannot be done by any civil court, the jurisdiction is with
the Labour Court or Industrial Tribunal. In places where neither exist, HC imposes the
powers of labour court on civil court.

 Recommendations: 66% members – single negotiating agent. 50% members – chief

negotiating agent. Min. 25% members – recognised as negotiating agent.

 If there are more than one recognised trade unions, any settlement between the
employer and one such trade union will be binding on the members of that trade union
only.

 If the no. of members in different trade unions is equal, it will be the discretion of the
employer to settle with whichever trade union.

 It is not permissible in IDA to remove all the workmen and appointment of new
workmen. If all workmen are removed, the industry can be closed down.
Sangramgarh Industries v. Management, Sangramgarh Industries
ONGC Videsh Ltd. v. CMD
 Types of Collective Bargaining
1. Industry level
2. Plant level
3. Regional level (operative throughout a state)
4. National level

 Exchange of information between the parties before entering into collective

bargaining is not a requirement.

 If the employer refuses to comply with the collective bargaining agreement, this
cannot be raised as an industrial dispute. The agreement can be enforced under Sec
18.

 Bargaining Power