What is the definition of industrial dispute under industrial dispute act, 1947
Answers
Industrial Dispute is “any dispute of 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.”
Industrial dispute as defined under Sec. 2(k) exists between-
Parties to the dispute who may be
Employers and workmen
Employers and Employers
Workmen and workmen
a) There should be a factum of dispute not merely a difference of opinion.
b) It has to be espoused by the union in writing at the commencement of the dispute. Subsequent espousal will render the reference invalid. Therefore date when the dispute was espoused is very important.
c) It affects the interests of not merely an individual workman but several workmen as a class who are working in an industrial establishment.
d) The dispute may be in relation to any workman or workmen or any other person in whom they are interested as a body.
Chandrakant Tukaram Nikam and others vs. Municipal Corporation of Ahmedabad and another[i]: 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.[ii]: 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.
Explanation:
ndustrial dispute under industrial dispute a