Industrial Dispute Act

1947
Industrial Dispute and Individual Dispute
Sec 2(k) Industrial Dispute
• Any dispute or difference between
i. Employers and Employers
ii. Employers and workmen
iii. Workmen and workmen
The dispute or difference must be connected
a) Employment and Non Employment
b) Terms of employment
c) Conditions of labour
d) The dispute may be in relation to any workmen or any other person in whom
they are interested as body.
 Issue

• Whether an Individual Dispute is an Industrial Dispute

under section 2(k)?
Position in India prior to 1965
• The expression ‘Industrial Dispute’ has been construed by the Supreme Court, so
as to exclude Individual Dispute from its scope.

Central Provinces Transport Services ltd Vs Raghunath Gopal Patwardhan.

Held: A dispute between an employer and individual employee cannot be an
Industrial dispute.

Newspaper Ltd Vs Industrial Tribunal(1957)

Held: Provisions of the Act lead to a conclusion that its applicability to an
individual dispute is excluded unless it acquires a general characteristics i.e. the
workmen as a body or a considerable section of them make a cause common with
the Individual workman.
Position in India prior to 1965 (cont….)
Dimakuchi Tea Estate Vs Management (1958)
Held: Liberal construction of the word ‘any person’ used in the
definition of industrial dispute was impermissible and includes the
test of community of interest of the workmen of the establishment
with the concerned workman.
Analysis
• Long line of judicial decisions had established that the Individual
dispute could not be an Industrial Dispute, but could be one if it
was taken by a trade union or substantial number of the workmen.

• This position caused hardship for individual workman who were

discharged, dismissed, retrenched unlawfully or whose services
were terminated when they could not find support by a union or
any appreciable number of workmen to espouse their cause.
Position after 1965
• Industrial Dispute (Amendment) Act 1965
• Section 2A:
(i)Dismissal, Discharge, Retrenchment or Otherwise termination of
services of workman or any matter connected to dismissal, discharge,
retrenchment termination of services of workman shall be an industrial
Dispute notwithstanding that no workman or any union or workmen is a
party to the dispute.
(ii) When the dispute is referred to conciliation officer, the workman
may after 45 days make application to Labour Court and Tribunal for
adjudication. Such application to Labour court and tribunal shall be
made before the expiry of 3 years.
Extension of definition of Industrial
Dispute

• The object or reason for enacting this provision is that a workman

whose services has been terminated unlawfully by the employer
should be given relief without it being necessary for the whole
body of employees being involved in that dispute and thus the
dispute becoming a generalised one between the labour and the
employer.
Conclusion
• Disputes relating to ‘discharge’, ‘dismissal’, ‘retrenchment’ or
otherwise ‘termination of services’ of an individual workman will
fall under the purview of Industrial Dispute

• On the other hand claim for wages, dearness allowance, gratuity,

or bonus will not fall within the ambit of Industrial Dispute if not
espoused by body of employees.
 Question

• Mr. X an employee of ABC Co Ltd. Mr. X was transferred from

one department to another by the employer. Aggrieved by this Mr
X files a suit in Labour Court.
Will it be an Industrial Dispute?