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a)
b)
c)
d)
The dispute may be in relation to any workman or workmen or any other person
in whom they are interested as a body
ii)
Conditions of Employment
iii)
Terms of Employment
Sec 2-A In the case of an individual dispute related to dismissal, discharge, termination,
retrenchment ,the workman can approach the labour court directly(DISPUTE DOES
NOT HAVE TO BE ESPOUSED BY THE UNION)
Relevant Case-law
Chandrakant Tukaram Nikam and others vs. Municipal Corporation of Ahmedabad and
another, (2002) I L.L.J. 842 (S.C): 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.
Jadhav J. H. vs. Forbes Gobak Ltd., (2005) I L.L.B. 1089 (SC): In this case, it was held
that, a dispute relating to a single workman may be an industrial dispute if either it is
espoused by the union or by a number of workmen irrespective of the reason the union
espousing the cause of workman was not the majority of the union.
An analysis of -. Before insertion of Section 2-A of the Act an individual dispute could
not per se be an industrial dispute, but it could become one if taken up by the Trade
Union or a number of workmen.
The Supreme Court and majority of Industrial Tribunals held that, a dispute raised by a
dismissed employee will not be treated as an industrial dispute, unless it is supported by a
trade union or by a body or Section of workman.
were ten employees of which seven in administrative side and only three in journalism
side. Of these three, only two were the members of the union. Therefore, the Supreme
Court held that the Bombay Union of Journalists is not competent to raise this dispute.
Even if it had raised, it could not have become an industrial dispute.
Thus, an individual dispute to fall within the definition of industrial dispute, it must be
sponsored by the Trade Union of the workmen or if there is no trade union, it must be
sponsored by the majority of the workmen or it must comply with the requirements of
Section 2 A of the Industrial Disputes Act, 1947.
SECTION 2-A
ANY workman may make an application directly to the labour court or Industrial
Tribunal for adjudication of such dispute after the expiry of 3 months when an
application was made before the conciliation officer. This has been done to
prevent inordinate delay
The said application however should be made within 3 years of the date of
dismissal, discharge , retrenchment or termination of service.
The court shall proceed to hear the matter as if it was referred to it U/S 10 of the
ID Act.
Section 2-A does not declare all individual disputes to be an industrial dispute.
-
If the dispute or difference is connected with some other matter eg. payment of
bonus/ gratuity etc then it would have to satisfy the test laid down in judicial
decisions.
Thus only a collective dispute could constitute an industrial dispute but collective
dispute does not mean that the dispute should either be sponsored by a recognized
union or that all or majority of the workmen of an industrial establishment should
be parties to it (State of Bihar vs. kripa Shankar Jaiswal, AIR 1961, SC 304).
After this an individual dispute even though not sponsored by other workmen or
espoused by the union would by deemed to be an industrial dispute if it covers
any of the matters mentioned in Section 2-A.
So far as the subject matter of the dispute is concerned 2-A does not bring about
any change. The provisions of Section 2(K) alone determine that question.
The only change introduced by Section 2-A is that before its introduction, a dispute even
though was an industrial dispute from the angle of subject referred to in Section 2 (k)
would not have become an industrial dispute if it were only an individual dispute and it
was not taken up either by the union or by a substantial body or workmen. But after the
introduction of Section 2-A such a dispute would be an industrial dispute in respect of
those matters specified in that Section even though it is not sponsored by a union or a
considerable number of workmen. Section 2-A can be treated as an explanation to
Section 2 (k).