I) Introduction -
The Industrial Dispute Act was passed in 1947 and the same come into force from 1st April 1947. This Act was enacted for the promotion of good, cordial relations between the employer and workmen, To investigate and settle disputes between employers and employers, employers and workmen, workmen and workmen. Section 2(k) of the said Act defines Industrial Dispute. There are certain conditions, if these conditions are satisfied, an Individual Dispute may be declared as an Industrial Dispute.
II) Industrial dispute -
Section 2(k) of the Industrial Dispute Act defines “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 persons;
III) Ingredients of Industrial Disputes -
(1) Dispute or difference between -
i) employers and employers
ii) employers and workmen
iii) workmen and workmen;
(2) The Dispute or difference should be connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person
IV) When an individual dispute becomes an industrial dispute?
Newspaper Ltd Vs State of U.P and others, AIR 1957 SC532 In this case, The supreme court and maturity 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.
Any individual dispute to be declared as an industrial dispute the following conditions are to be satisfied -
A body of workmen trade union or considerable number of workmen, are found to have made common cause with the individual Workman
That that is put individual dispute was taken up or sponsored by the workman as a body Trade union or by a considerable section of them before the date of reference
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