INDIVIDUAL AND NDUSTRIAL DISPUTES

INTRODUCTION:- According to section 2k “"industrial dispute" means any dispute or

difference between employers and employers, or between employers and workmen, or between
workmen and workmen, which is connected with the employment or non-employment or the
terms of employment or with the conditions of labour, of any person.”1

This section clearly states that dispute means dispute between:-

(a) employer and workmen

(b) employer and employer
(c) workmen and workmen

In connection with:-

(a) employment
(b) non employment
(c) terms of employment
(d) conditions of labour of any person

This section talks about two types of one is collective dispute and other one is individual dispute.
Collective dispute s term which itself states that “any dispute or difference between employers
and employers, or between employers and workmen, or between workmen and workmen, which
is connected with the employment or non-employment or the terms of employment or with the
conditions of labour, of any person.” And the other one that individual dispute states that under
Section 2A of the Industrial Disputes Act, 1947 provides that where any employer discharges,
dismisses, retrenches or otherwise terminates the services of an individual workman,
any dispute or difference between that workman and his employer connected with, or arising out
of such discharge, dismissal, retrenchment, or termination shall be deemed to be an industrial

1
Industrial Dispute Act, 1947
dispute, notwithstanding that no other workman nor any union of workmen, is a party to the
dispute.” such kind of dispute is individual dispute.2

Case:-Jadhav J. H. vs. Forbes Gobak Ltd.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 union3

For a lay man industrial dispute’ is nothing but a difference between the workmen and their
employers, which may relate to the terms of employment as the case may be. But from the legal
point of view it is something more not just confined to one single instance.

(1) Difference between individual dispute and industrial dispute

Individual Dispute Industrial Dispute

Whether a single workman who is aggrieved Industrial Dispute is defined under Section 2(k)
by an action of the employer a raise of the Industrial Dispute Act, 1847. “Industrial
1.
Industrial Dispute. Section 2(k) of the dispute” means any dispute or difference
Industrial Act, 1947 speaks of a dispute between employers and employers, or between
between employer and workmen. I.e. Plural employers and workmen, or between workmen
form is used. and workmen, which is connected with the
employment or non employment or the terms of
employment or with the conditions of labor, of
any persons.

2
Industrial Dispute Act, 1947
3
(2005) I L.L.B. 1089 (SC)
 An Individual Dispute to be declared as an To constitute Industrial Dispute following
Industrial Disputes, The following Conditions elements are to be satisfied – (1) A dispute
2.
are to be satisfied – (1) A body of workmen Between Employers and employers or employer
(Trade Union)or a considerable number of and workman or workman and workman.
workmen are found to have common cause
(2) The Dispute should be connected with
with the Individual workman;
employment or non-employment or terms of
(2) That the Individual dispute was taken up employment or conditions of labor of any person.
or sponsored by the workmen as a body (3) The Dispute may be in relation to any
(trade union) or by Considerable Section of workmen or any other person in whom they are
them before the date of reference. interested as a body.

(2) When an Individual Dispute Becomes an Industrial Dispute

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 would not be treated as an industrial dispute, unless it is supported by a trade union or
by a body or Section of workman.

For an individual dispute to be declared as an Industrial Dispute, the following conditions are to
be satisfied:

(1) A body of workmen (trade Union) or a considerable number of workmen are found to have
made common cause with the individual workman;

(2) That the dispute (individual dispute) was taken up or sponsored by the workmen as a body
(trade union) or by a considerable Section of them before the date of reference. Bombay Union
of Journalists vs. The Hindu4: A person working in ‘The Hindu, Madras’ was terminated for
claiming as full time employee. The Bombay Union of Journalist raised the dispute. It was found
that, there were ten employees of which seven in administrative side and only three in journalism
4
1961, II LLJ 727 Bom
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.

Workmen of Indian Express Newspapers Ltd. vs. Management Indian Express Newspapers5: A
dispute relating to two workmen of Indian Express Newspapers Ltd was espoused by the Delhi
Union of Journalists which was an outside union. About 25 percent of the working journalists of
the Indian Express were members of that union. But there was no union of the journalists of the
Indian Express. It was held that the Delhi Union of Journalists could be said to have a
representative character Qua the working journalists employed Indian Express and the dispute
was thus transformed into 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.

• 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 2A does not declare all individual disputes to be industrial disputes. It is only when a
dispute is connected with a discharged, dismissed retrenched or terminated workman that it shall
be treated as an industrial dispute. If the dispute or difference is connected with some other
matter e.g. 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

5
AIR 1961 SC 304.
union or that all or majority of the workmen of an industrial establishment should be parties to
it.6

A dispute is an industrial dispute even where it is sponsored by a union which is not registered
but the Trade Union must not be on unconnected with the employer or the industry concerned.7

Where an individual dispute is espoused by union the question of the employee being a member
of the union when the cause arose is immaterial. Those taking up the cause of the aggrieved
workman must be in the same employment i.e., there must be community of interest when the act
complained against happened and not when the dispute was referred to.

6
State of Bihar vs. kripa Shankar Jaiswal
7
Express Newspapers (Private) Ltd. Vs. First Labour Court, West Bengal & Oth.
 (3) Critical Analysis on comparison of individual dispute and industrial dispute

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 perspective of subjects 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).
 (4) Problems related to individual disputes related to industrial disputes in India
The labour problems are associated with industries and the industrialization. When a single
person brings the raw material, works on it, produces the consumer product like a self employed
person (in the modem sense of the term) there would not arise any labour problem. It is only
when a person works for another the problem arises. Industries need huge capital investment,
which cannot be supplied by labour. So the capitalists invest and establish the industry and look
forward for the labour. The required labour is supplied by the workers in return for a
consideration. Labour in its abstract sense means any physical or mental work undertaken for a
monetary consideration. A worker sells his labour and the employer purchases the labour.
Labour and capital are the necessary and the main ingredients of an industrial activity. Each can
not exist without the other. Both are interdependent. The co-operation and co-ordination of both
are sine-quo-non for the industrial development.