Industrial Dispute

Industrial Dispute

i. What is dispute? Any dispute or differences between Employer and Employer, Employer and Workmen and Workmen and workmen connected with Employment or Non – employment or condition of Labour of any person is termed as “ Industrial Dispute” under the Act. In fact, the term “Industrial Dispute” plays very important and vital or key role in the entire industrial jurisprudence^ It is therefore, very necessary that the term is understood in its fullest sense and concept. The term “Industrial Dispute” has remained unchanged from the time it was defined in the Act.Image result for Industrial Dispute in Labour Laws diagram
The Term can be understood in its various facets and for this reason, it can be said that the term has its four facts, viz
a. Factum of Dispute
b. Parties to Dispute
c. Subject matter of dispute and
d. Dispute must be relating to an Industry.
ii. Factum of dispute: It is undoubtedly needless to observe that unless there is a dispute or difference of any sort, no legal machinery need to take a start! Therefore, dispute/difference is the first and pre – condition stipulated in the definition under the Act For dispute or differences to arise, it is not necessary that the parties should come to blows but at the same time a mere personal quarrel or a grumbling will not amount to dispute or differences within the four corner of the definition (C.J. Sambhunath Goyal v/s Bank of Baroda, 1978 I LLJ 484). It must be clearly understood that not all sorts of dispute or difference are included in the definition in the Act. ‘The only differences or disputes which are within the fold of the definition given in Section 2(k) of the Act are only those disputes, or differences which bear upon the (1) relationship of Employers and Employers or Employers and Workmen or workmen and workmen and (2) condition of Labour. Thus the inter-se seniority dispute between two workmen is purely an individual dispute and it cannot be treated as industrial dispute if other employees are not concerned. Somasundram v/s Liyakatali, 1998 II LLJ 719 (Madras).
iii. Parties to dispute .”The Act provides that any dispute or differences (a) between Employers and Employers (b) Between Employers and Workmen or (c) between workmen and workmen can be taken up for conciliation or adjudication, as the case may be, if necessary. However, in common parlence, the term “industrial disputes” is always taken to mean the dispute between Employers and Workmen and dispute between no other parties, namely between Employers and Employers or between workmen and workmen. There are, therefore, few case laws on disputes between workmen and workmen or between Employers and Employers.
iv. Subject matter : The expression “dispute or difference” means controversy connected with (a) the Employment or non-employment or (b) with the terms of employment or (c) the conditions of labour of any person. Further, it must also be a grievance felt by workmen which the Employer is in a position to remedy or set right (Madras Gymkhana Club Employees Union v/s Gymkhana Club, 1967 II LLJ 720). (Safdarjang Hospital v/s Kuldip Singh Sethi, 1970 II LLJ 266 (SO). The definition further shows that certain types of disputes can never fail within its ambit. For example, who is to be elected as the President of the Union, cannot be held to come under the definition of the expressions “Industrial Dispute” because, it is not at all connected with the employment or non — employment or with the terms of employment or with the condition of labour (South Arodt Central Cooperative Bank Employees Association v/s Management of the Bank, 1995 LIC 783 (Madras)}. Similarly the dispute with regard to demotion, cannot be raised even under Section 2A of the Act to constitute an industrial dispute [Arunagashu Chakrnborty v/s Aaj Kaal Publishers Ltd., 1994 I CLR 1084 (Calcutta)]. So also when there is a dispute with regard to seniority inter-se it cannot be treated as “Industrial Dispute” [Somasundaratn v Is Liyakat All, 1998 II LLJ 719 (Madras)], if a settlement has arrived at between the parties, there cannot arise any “Industrial Dispute” which can form a subject matter of a reference before the Tribunal. [T.P.S, Ltd. vlsI.T. West Bengal, 1975 I LLN 1165 (Calcutta)],