Section 2(J) Industrial Dispute Act, 1947 The definition is already contained in section 2(k) of the ID Act, 1947 and the Supreme Court has elaborated the same in Bangalore Water Supply and Sewerage Board v. R. Rajappa (AIR 1978 SC 548.) as follows: Show
However, certain exceptions was also provided like Casual activities,Single lawyer, Rulal medical practitioner, small professionals, handicraft, bakers etc because they either don’t have employer-employee relationship or have no sytematic activity, What is the meaning of ‘Industrial Dispute’ under the Act?
Conditions of Industrial disputeFactumThe provisions of industrial dispute act 1947 state that there must be a real dispute between the workmen and the employer or between the workmen and workmen or between employer and employer. That is any such demand will be considered as dispute only if it is rejected by the employer. The crux is that the demand must be rejected by the employer for the existence of Industrial dispute. In the case of Sindhu Resetllement corporation ltd v. Industrial tribunal (1968), It was observed that a mere demand to a government without a dispute being raised by workmen with their employer cannot become industrial dispute. In the case of M/s Village papers Pvt. Ltd. V. S.O himachal Pradesh (1993) It was observed that
Parties to disputeAccording to section 2(k) of the ID Act, the dispute must be between the workmen and the workmen or between the workmen and the employer or between employer and employer. In Bangalore WC and Milla co V. Their Workmen (1968) SC it was held that when trade unjion raises any dispute of a workman are deemed to be the party to the dispute. Subject Matter of Industrial disputeThe Subject matter of the dispute must be connected with
What does “Any Person” under the Act mean?The court held that “Any person” cannot mean anybody. The term is limited to employee or the workmen employed in any industry. The expression ‘any person’ mean in whose employment, non-employment, terms of employment, or conditions of labour of any person the workmen has a direct and substantial interest. Various Authorities under the Industrial Dispute ActAuthorities under industrial dispute act has the power to hear and adjudicate or settle disputes. The various authorities are: Works Committee
Conciliation Officers
If the conciliation officers fail to resolve the dispute he should report it to the appropriate government and if necessary the dispute shall be referred to the board, labour court, tribunal or national tribunal by the appropriate government. Conciliation Board
It is the duty of the Conciliation board to do all things as far as possible for a fair and amicable settlement of the Industrial Dispute. Court of enquiry
Adjudicating AuthoritiesThe Industrial Dispute Act enlists three adjudicating authorities viz Labour Courts, Tribunals and National Industrial tribunals. Adjudicating authorities may refer to competent authorities who have been entrusted with the jurisdiction and powers to pass such orders as may be necessary and such orders shall be binding on the parties. It must be noted that the other authorities under the Act such as conciliation board, works committee are not Adjudicating authorities. They are merely set up for a ‘fair and amicable settlement’. If such authorities are unable to settle the matter then the same is referred to the adjudicating authorities for disposal. Labour Courts
ConstitutionSection 7(3) states that a person can be appointed as a chairman of the labour code only if
Industrial Tribunals
Constitution
National Tribunal
Constitution
ArbitrationVoluntary reference of disputes to arbitrationUnder section 10(a): An arbitrator is appointed by the government. In case of disputes or in situations where a dispute has been apprehended the workmen and the employer may in writing approach for the arbitration and such person shall, undertake the investigation and give arbitration awards( final decision or settlement or decree) but before the same has been referred to the labour court, tribunals or national tribunal under section 10. Grievance settlement authority
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